January 8, 2018

Notice of Delay: Simon says, “I am making a claim.”

Contrary to the perception that lawyers thrive in loopholes, when a dispute arises, the concepts of fair and reasonable are consistent. It is on that basis that most parties are able to work through disputes without commencing litigation.

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.

The Exclusion for Intentional or Criminal Acts

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.

November 28, 2017

Festive Feasts and Merry Martinis: Top 10 Tips to Minimize...

‘Tis the season for holiday parties. Cox & Palmer would like to remind employers about the steps they should take to minimize their liability risks arising from the consumption of alcohol by employees and their guests.

November 24, 2017
Tax

CRA Decision Successfully Challenged in Pomeroy’s Masonry Limited v. A.G....

Under subsection 164(1) of the Income Tax Act, a corporation must file its tax return within three years of the end of the taxation year to be entitled to receive a tax refund, should one arise on assessment by the Canada Revenue Agency.

November 20, 2017

Settlement Agreements: Essential Terms and the Importance of Consensus

A recent decision of the Supreme Court of Newfoundland and Labrador, Mifflin v North Atlantic Refining Limited, 2017 NLTD(G) 140, demonstrates that Employers may be held to a settlement agreement if a consensus is reached on its essential terms, despite there being a continuance of a dispute as to its non-essential terms.

A New Realm: Cyberspace, Cyber Liability and Cyber Liability Insurance

For any business today, the reality of day-to-day functioning and management involves mass-communication, networking, marketing, and the organization of important confidential information on secured computer networks.

November 14, 2017

Court Lifts Stay of Proceedings to Enforce Costs Award Against...

Following eight years of protracted and acrimonious child custody litigation, the father of the children in question was awarded $200,000 in costs against their mother, who subsequently declared bankruptcy without having paid any of the costs award.

November 6, 2017

Case Commentary: Does the rule against “double-dipping” apply to a...

As the Honourable Madam Justice Newbury states in the opening paragraphs of the decision in Parrett v. Parrett, 2016 BCCA 151, the facts of this case are “unremarkable.”

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.