Prove-it! The British Columbia Court of Appeal Confirms the Tripartite...
Prove-it! The British Columbia Court of Appeal Confirms the Tripartite Test for Future Loss of Earning Capacity Claims Must Be Met in Full
Aviva Insurance Company of Canada v MacDonald, 2022 NBCA 68
Background After suffering injuries in a motor vehicle accident, the plaintiff was placed off work and provided with loss of income benefits under Section B of her policy through Aviva. The plaintiff received these benefits for 104 weeks. She was subsequently cleared to return to work and did so for the following 13 months, before […]
Case Law Update: Recent Key Decisions in the Atlantic Provinces
On Friday, December 1st, 2022, a panel of Cox & Palmer insurance lawyers from across the region presented our Case Law Update: Recent Key Decisions in the Atlantic Provinces Webinar, which covered current developments and recent key decisions in the region, from the last couple of years. Access Paper Here
Defences available to manufacturers in product liability claims
Product liability claims are often rooted in provincial sale of goods legislation. Sale of goods statutes afford consumers a set of protections, which are fairly uniform across jurisdictions. Depending on the circumstances of the case, a manufacturer faced with a sale of goods claim may have a number of available defences. The absence of contractual […]
Corner Brook (City) v Bailey: Insurers and Defence Counsel Breathe...
On July 23, 2021, the Supreme Court of Canada released its decision in Corner Brook (City) v Bailey, 2021 SCC 29. The Court allowed the appeal and reinstated the stay of the third party claim. Background Bailey suffered injuries when she struck pedestrian worker, Temple, and Temple’s employer’s vehicle. Bailey sued Temple’s employer (the City […]
Manufacturers’ Defences to Product Liability Claims
Introduction Product liability law is the name placed on a combination of several branches of the law, including contract, tort, government regulation, damages, and insurance. It is based on the theory that consumers rely on producers and sellers to ensure products are safe for use. This leads to a wide range of claims, issues and […]
Section D Claims and Two Examples of Interplay with Other...
Insurance policies and statutes provide for insurance claims to be brought forward in a variety of ways. Oftentimes, there are a plurality of claims happening at the same time. An insurer must identify the relationship between the claims with the view of reaching an efficient and effective resolution to the matter. This article discusses two […]
Insurance Litigation Group: Atlantic Canada Case Law Updates
Insurance litigation Case Law Updates from across the region.
NBCA Decision Broadens Limitation Rules for Plaintiffs
Written by David G. O’Brien, KC. In its March 26, 2020 decision of Province of New Brunswick v. Grant Thornton, 2020 NBCA 18, the New Brunswick Court of Appeal expanded the “discoverability principle” as enumerated in s. 5 of the New Brunswick Limitation of Actions Act, SNB 2009, c L-8.5. Section 5(2) holds that, for […]
Two IMEs, one doctor: Retaining the same medical expert to...
The recent decision of the Nova Scotia Supreme Court in Saccary v Vonhammerstein presents an interesting issue on independent medical examinations (IMEs) at the request of Section A insurers.