This Month in Nova Scotia Family Law – October 2023

Davis v Harrison, 2023 NSCA 74 Judges: Justice Anne S. Derrick; Chief Justice Michael J. Wood and Justice Joel E. Fichaud concurring Subject Matter: Matrimonial property; Pension division; s. 13 MPA; Costs; Fresh Evidence Summary: The parties were married for 20 years. The contested issues at trial included the division of the appellant’s Canadian Armed […]

This Month in Nova Scotia Family Law – April 2023

Ezurike v Gbeve, 2023 NSCA 27 Judge: Chief Justice Michael J. Wood Subject Matter: Motion by written submission (Civil Procedure Rule 90.38) Justice Peter Bryson dismissed Mr. Ezurike’s motion for an extension of time to file his appeal. The proposed appeal related to a Corollary Relief Order issued by Justice Samuel Moreau of the Nova […]

Deducting Collateral Benefits From Loss of Income Claims

On Tuesday, November 20, a panel of Cox & Palmer insurance lawyers from across the region presented our Advance 2018 Insurance Law Webinar, which covered the latest on the Common law and Legislative law approaches to deductibility related to loss of income claims. As part of the webinar materials, we prepared a paper and a handout, which we have linked below for your reference. We have also provided a link to the full webinar, which you can view and listen to at your convenience.

Before and After: NS Supreme Court Decision on CPP Benefit...

The Nova Scotia Supreme Court has decided that Canada Pension Plan disability benefits are not deductible from damages of future income loss or lost earning capacity arising from a motor vehicle accident. The recent decision of the Supreme Court of Nova Scotia in Holland v Sparks1 decides a question of law on whether s.113A of the Insurance Act applies to future Canadian […]

January 31, 2018

Case Commentary: Noel v. Butler, 2016 NBCA 49 – Implications...

The facts in Noel v. Butler, 2016 NBCA 49, [Noel] are not complicated. This was a fourteen year common law relationship spanning from approximately 1998 until 2012. Ms. Butler had been a teacher since 1985 and had pension with a commuted value of $909,286.51 as of the date of separation.