NS Legislative Report, Fall Sitting – Update October 16

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Waivers and Assumption of Risk No Defence to Fatal Accidents...

The recent decision in Stevens v. Oyster Bed sheds light on the efficacy of waiver/assumption of risk forms in fatal accidents on Prince Edward Island.[1] Background In Stevens v. Oyster Bed, Mr. Stevens tragically passed away following a stock car race accident. An action was commenced under the Fatal Accidents Act (FAA) by the surviving […]

Municipalities Take Note – Recent Supreme Court of Canada Decision...

The Supreme Court of Canada (“SCC”) recently addressed the law with respect to government liability in negligence cases. It is a long standing principle in Canada that public authorities are generally immune from liability for core policy decisions. In Nelson (City of) v Marchi (“Nelson”), the SCC did not dramatically change the law, but rather […]

Insurance Litigation Group: Atlantic Canada Case Law Updates

Insurance litigation Case Law Updates from across the region.

Amendments to Statement of Claim May Be Allowed After Expiry...

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, and that potentially raise a new cause of action. On Prince Edward Island, there is a two year limitation period for a claim arising out […]

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, which covered the latest on the Common law and Legislative law approaches to deductibility related to loss of income claims. As part of the webinar materials, we prepared a paper and a handout, which we have linked below for your reference. We have also provided a link to the full webinar, which you can view and listen to at your convenience.

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.

Established Guidelines or Just Suggestions: Lifting Default Judgment

Under the Rules of Civil Procedure in Prince Edward Island, whether a default judgment can be set aside is a discretionary decision which the court may grant on such terms as are just.

PEI Court Addresses Common Law Vehicle Ownership and Piercing the...

It is relatively commonplace for corporations to allow their corporate officers to also use the company vehicle for personal use. In MacInnis v Rayner & Raylink, 2016 PESC 40, the PEI Supreme Court addressed the circumstances in which a court might pierce the corporate veil to find that the individual corporate officer is the true owner of the vehicle.

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.