Insurance statutes and policies provide for the resolution of claims in a multitude of ways, thus necessitating the need for insurers to identify the relationship between claims with a view to the efficient and effective resolution thereof. This article discusses the upcoming introduction of yet another means by which insurance claims may be satisfied, being […]
Kulu v. Atuanya, 2024 NSSC 2 Judge: Honourable Justice Theresa Forgeron Subject: Parenting and Child Support Summary: The parties were in a brief relationship in March 2007. There is one child of the relationship, B. He is seventeen years old. The mother lives in Nova Scotia and the father lives in the USA. B has […]
Prove-it! The British Columbia Court of Appeal Confirms the Tripartite Test for Future Loss of Earning Capacity Claims Must Be Met in Full
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 […]
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
The presence of ice during the winter in New Brunswick is not unusual. Neither are slip and falls. Every year, business owners run the risk that an individual might slip and fall on their property, suffer an injury, and bring a legal action against them, as the owner of the property, for damages. These damages […]
A 10 year review of appeals of municipal planning decisions before the Nova Scotia Utility and Review Board (UARB) shows that the UARB rarely overturns decisions of municipal councils and even more rarely if the appeal has been launched by interested citizens. Appeals by developers have been marginally more successful. But it would be wrong […]
Written by David G. O’Brien, KC. The recent decision of the New Brunswick Court of Appeal in Higgins v. Arseneau, 2019 NBCA 21, will be of interest for anyone involved with fatality claims in New Brunswick. The Court upheld the trial decision dismissing a claim brought on behalf of siblings for loss of inheritance arising […]
In White v. Meiting,1 the Supreme Court of Newfoundland and Labrador denied a plaintiff’s application for an advance or periodic payment. In doing so, the court clarified the criteria which must be satisfied by a plaintiff who seeks an advance payment of special damages pursuant to Rule 44A of the Rules of the Supreme Court, […]
In Fraser v. Runighan 2018 PESC 261, Chief Justice T. L. Clements of the Supreme Court of Prince Edward Island considered, for the first time on PEI, a motor vehicle accident plaintiff’s motion2 for an advance payment under Rules 20.10 – 20.12 (now Rule 22.1) of PEI’s Rules of Civil Procedure. Background Pursuant to Rule […]