Searching Content indexed under Insurance Laws and Products by Cox & Palmer ordered by Published Date Descending.
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Risk Management Counsel Of Canada's Guide To Litigation In Canada
Cox & Palmer is a proud member of the Risk Management Counsel of Canada (RMC), a national association of independent law firms offering a comprehensive range of legal services to the insurance industry, risk retention groups and self-insureds.
22 Jul 2019
Proposed Changes To The Automobile Insurance Act And The Insurance Companies Act
Proposed changes to the Automobile Insurance Act and the Insurance Companies Act received second reading in the House of Assembly on April 15, 2019.
7 May 2019
Seasonal Worker Did Not Qualify As "Employed" For Purposes Of Loss Of Income Payments Under Automobile Insurance Policy
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
3 May 2019
Amendments To Statement Of Claim May Be Allowed After Expiry Of Limitation Period
The recent decision of McKenna v Stewart1 sheds light on how courts interpret the impact of amendments that are made outside of the limits provided by the Statute of Limitations2 ...
26 Apr 2019
New Brunswick Court Of Appeal Rejects Loss Of Inheritance Claim Under Fatal Accidents Act In Absence Of Proof Of Reasonable Expectation Of Inheriting
The recent decision of the New Brunswick Court of Appeal in Higgins v. Arseneau, 2019 NBCA 21, will be of interest for anyone involved with fatality claims in New Brunswick.
25 Apr 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
15 Apr 2019
To Order An Advance Payment To A PEI Motor Vehicle Accident Plaintiff – Or Not – That Was The Question
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 ...
27 Mar 2019
Rule 22 Motions: No Discovery? No Problem!
In Linda Trevors v. Anne Doucet, Lea Allard, Enterprise Rent-A-Car Canada Company, and Co-operators General Insurance, the moving party applied for summary judgment early in the proceeding. Discovery had not yet occurred.
21 Mar 2019
CPP Disability Payments Deductible From Future Loss
The Nova Scotia Court of Appeal overturned a motion decision in Sparks v Holland, 2019 NSCA 3, holding that Canadian Pension Program disability payments are deductible from future loss of income and earning capacity.
30 Jan 2019
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 ...
29 Nov 2018
Two IMEs, One Doctor: Retaining The Same Medical Expert To Examine An Insured Individual Involved In Two Accidents
The recent decision of the Nova Scotia Supreme Court in Saccary v Vonhammerstein presents an interesting issue on independent medical examinations (IMEs)
7 Aug 2018
New Brunswick Update: Notice Now Required To Sue A Municipality
On January 1, 2018, the Province of New Brunswick repealed the Municipalities Act and replaced it with the Local Governance Act.
26 Jul 2018
Mitigation, Credibility And Deductions: A Case Comment On Ryan v. Curlew, 2018 NLSC 72
In Ryan v. Curlew, 2018 NLSC 72, the Supreme Court of Newfoundland and Labrador assessed damages in the context of a personal injury claim.
20 Jun 2018
"Irreconcilable Incongruity" In Plaintiff's Reporting Disallows Claim For Loss Of Future Income, Section B Setoff Avoids Recovery Of Any Damages
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.
29 May 2018
Legislation Protecting Innocent Co-Insureds Is Now A Reality In New Brunswick
In the Western provinces, these requirements are provided for by regulation rather than in the legislation itself.
5 Apr 2018
Nl Court Finds Standard Mortgage Clause Defeats Canada Revenue Agency "Deemed Trust" Provisions
This case involved competing claims to insurance proceeds payable following a fire loss to a building (the "Property") owned by Elite Builders Inc. ("Elite").
16 Jan 2018
The Exclusion For Intentional Or Criminal Acts
As third party liability insurance is not intended to cover an insured for intentionally caused harm, liability policies, particularly homeowner's and commercial general liability policies, invariably have some form of...
1 Dec 2017
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...
24 Nov 2017
Case Law Highlights The Difficulties Of Establishing Liability For Slip And Falls During Newfoundland And Labrador Winters
This newsletter will examine three court decisions that illustrate the challenge of proving liability for slip and fall incidents during Newfoundland and Labrador winters.
20 Oct 2017
Proving Damages For Mental Injury: Guidance From The Supreme Court Of Canada
The recent decision of Saadati v. Moorhead raises the question of whether recovery for a mental injury requires expert medical opinion of a "recognized psychiatric illness".
18 Aug 2017
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