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.
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 […]
In Ryan v. Curlew, 2018 NLSC 72, the Supreme Court of Newfoundland and Labrador assessed damages in the context of a personal injury claim.
In Bent v. MacFarlane, contradictions in Bent’s self-reporting and her lack of attempt to seek a medical resolution to an alleged chronic pain syndrome proved extremely limiting to her claim for damages.
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.
Issues of the applicability of the intentional or criminal acts exclusion will arise in both the duty to defend context as well as with respect to the obligation to indemnify. As with any case that involves the interpretation of any aspect of an insurance policy, knowledge of the basic principles of insurance law developed by the Supreme Court of Canada is essential.
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.
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.
This case dealt with the narrow issue of whether the value of future CPP benefits are deductible under an SEF 44 claim.
In the decision of Douthwright v. Duffy, 2015 NBQB 224, the 43 year old Douthwright was injured in a serious roll-over accident. Liability was admitted, but the parties differed on damages.