NS Legislative Report, Fall Sitting – Update October 16

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Future Care Costs for Cannabis in Personal Injury Claims

As a result of the Cannabis Act, cannabis was legalized on October 17, 2018. Prior to that, cannabis was regulated under the Controlled Drugs and Substances Act. There was, however, a legal exemption for the medical use of cannabis. Despite the recent legalization of cannabis, a framework for access to cannabis for medical purposes still exists, but under new regulations passed under the authority of the Cannabis Act.

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.

Case Law Highlights the Difficulties of Establishing Liability for Slip...

This newsletter will examine three court decisions that illustrate the challenge of proving liability for slip and fall incidents during Newfoundland and Labrador winters.

The Duty to Defend Does Not Arise Until Notice of...

When does an insurer’s duty to defend arise? More specifically, does it arise before the insurer is given notice of the claim? That is the fundamental question addressed by this case.

Court Denies Request to Dismiss Action For Want of Prosecution

Fennelly’s fishing vessel suffered physical damage in January, 2006. He sought payment under a marine insurance policy, issued by Lloyd’s Underwriters.

Court Denies Plaintiff’s Application to Add Another Plaintiff

The Health Authority sued a contractor and the City of Corner Brook with regards to damage to a hospital building and its contents, due to flooding from a sewer back-up. In their pleadings, the defendants admitted that the Authority owned the building.

Insurance Litigation Group: Atlantic Canada Case Law Updates

Insurance Litigation case law updates from across the region.

Grafton Connor Property Inc. v Murphy, 2015 NSSC 195

In 2007, the North-End Pub in Halifax was destroyed by fire. It was owned by Grafton Connor and insured by Lloyd’s of London Underwriters under an insurance policy that had been placed through Marsh Canada Limited.

Regional Insurance Litigation Group: Atlantic Canada Case Law Updates

Insurance Litigation case law updates from across the region.