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 […]

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.

Mitigation, Credibility and Deductions: A Case Comment on Ryan v....

In Ryan v. Curlew, 2018 NLSC 72, the Supreme Court of Newfoundland and Labrador assessed damages in the context of a personal injury claim.

Legislation Protecting Innocent Co-Insureds Is Now a Reality in New...

Bill 30 – An Act to Amend the Insurance Act (the “Bill”) was introduced to the New Brunswick Legislature by the Honourable Cathy Rogers on December 16, 2017. The amendments were proposed in order to prevent insurance companies from denying coverage to innocent co-insureds for property damage caused by an abusive partner and to enhance the protection of assets for victims of intimate partner violence.

Ontario’s New “Deferential” Approach to Planning Appeals – Lessons from...

Those interested in how the new planning appeals system in Ontario will operate may want to look East – to Nova Scotia. The Ontario government recently unveiled its proposal to overhaul the province’s land use planning appeals system.

November 1, 2017

Municipal Planning Appeals: Know the Odds

Cranes. Scaffolding. Orange vests and hard hats. Construction around Halifax keeps cruising along at an exciting pace.

Applicable Test for Non-Party Production Orders

Rule 30.10(1) of the Prince Edward Island Rules of Civil Procedure allows for production of documents in the possession, power or control of non-parties where the document is not privileged and a) the document is relevant to a material issue in the action and b) it would be unfair to require the moving party to proceed to trial without the documents.

June 13, 2017

Case Law Update: Evans v Avalon Ford Sales (1996) Limited

Earlier this year, the Newfoundland and Labrador Court of Appeal unanimously upheld the decision of the Trial Division in Evans v Avalon Ford Sales (1996) Limited.

Tort of Unauthorized Public Disclosure of Private Facts in State...

We have recently learned that the Ontario Superior Court of Justice will be re-visiting the January 2016 decision granting default judgment in the case of Jane Doe 464533 v. ND.

Supreme Court of Canada Rules Future CPP Benefits Not Deductible...

This case dealt with the narrow issue of whether the value of future CPP benefits are deductible under an SEF 44 claim.