This Month in Nova Scotia Family Law – July 2023

R.H. v A.L.S., 2023 NSSC 171 Judge: Justice Samuel Moreau Subject: Primary Care; Parental Decision Making; Parenting Time Summary: The parties separated in 2020 after 13 years of marriage.  The separation had been highly contentious.  The father, R.H., sought primary care and decision-making responsibilities for their 8-year-old child, while reducing the mother’s parenting time.  The […]

April 18, 2023
Tax

Employee Ownership Trusts – A New Business Succession Alternative

A majority of small business owners plan to exit their business over the next decade. [1] For many business owners there may not be a family successor ready and willing to take on the business. To address this impending “succession crisis”, the 2023 Federal Budget, released by the Department of Finance on March 28, 2023, […]

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

March 7, 2022

Flurries with a Chance of Slip and Falls: Best Practices...

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 […]

This Month in Family Law – December 2021

Our NS Family Law team provides summaries of recent cases which have appeared in the Nova Scotia Supreme Court and the Nova Scotia Court of Appeal.

April 18, 2019

Seasonal Worker Did Not Qualify as “Employed” for Purposes of...

In Temple v. Aviva Insurance Company of Canada,1 the Supreme Court of Newfoundland and Labrador determined that the plaintiff, a seasonal worker, was not employed at the date of the motor vehicle accident. As a result, he did not qualify for loss of income payments under Section B of Newfoundland and Labrador’s standard automobile insurance […]

April 2, 2019

Court Denies Plaintiff’s Application for an Advance or Periodic Payment

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, […]

March 15, 2019

To Order an Advance Payment to a PEI Motor Vehicle...

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 […]

The Importance of Plaintiff Credibility in Determining Causation

A recent Nova Scotia Supreme Court case, Gale v Purcell, 2018 NSSC 319, demonstrates how the credibility of a plaintiff can play a central role in assessing causation in a motor vehicle accident. Background On September 19, 2006, the Plaintiff, Angela Marie Gale (“Gale”) sustained injuries in a motor vehicle accident (“2006 MVA”). On March […]

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.