Written by Monika M.L. Zauhar, Partner and Stephanie Charlton, Associate, in Fredericton. It is well established that the owner of an automobile is vicariously liable for the negligence of those who drive the vehicle with the owner’s consent. Further, insurance legislation across Canada recognizes that more than one insurance policy may cover a particular loss. […]
Written by Monika M.L. Zauhar, Partner and Stephanie Charlton, Associate in Fredericton. Near the end of 2024, the New Brunswick Court of King’s Bench delivered the ruling in Trainor v DeArcos, 2024 NBKB 158, which provides interesting insights into the assessment of causation and damages in a personal injury claim. This decision addresses several concepts […]
Prove-it! The British Columbia Court of Appeal Confirms the Tripartite Test for Future Loss of Earning Capacity Claims Must Be Met in Full
What Is “Absolute Liability”? Absolute liability is the obligation of an insurer to indemnify an innocent third party who was injured by an insured, while the insured was in violation of the insurance policy. Under the absolute liability provision of the Insurance Act, RSNB 1973, c I-12, [the ‘Act’], the insurer may deny coverage to […]
On January 1, 2018, the Province of New Brunswick repealed the Municipalities Act and replaced it with the Local Governance Act.
As of January 1, 2017, Rule 22 of the New Brunswick Rules of Court for ‘Summary Judgment’ was repealed and replaced. Rule 22 for Summary Judgment has now been transformed from a means to weed out unmeritorious claims to a significant alternative model of adjudication.
Businesspersons and other litigants exhaust time, money and human resources to establish their right to a sum of money by obtaining a judgment in court. Once a judgment is obtained, the party owed becomes the judgment creditor, the party owing becomes the judgment debtor and the amount owing becomes the judgment debt. Often, not even a court decision against a judgment debtor will ensure the debtor will pay up.