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Advance 2023 Insurance Law Seminar: Case Law Update

2023 Case Law Update – Our Regional Insurance Group is pleased to provide the 2023 Case Law Update, covering developments and key decisions in Atlantic Canada from the last year. Access Publication Here

Absolute Liability: Applicability and Exceptions – When Is It Absolute?

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 […]

NBCA Decision Broadens Limitation Rules for Plaintiffs

In its March 26, 2020 decision of Province of New Brunswick v. Grant Thornton, 2020 NBCA 18, the New Brunswick Court of Appeal expanded the “discoverability principle” as enumerated in s. 5 of the New Brunswick Limitation of Actions Act, SNB 2009, c L-8.5. Section 5(2) holds that, for general limitation periods, a claim is […]

Legislation Protecting Innocent Co-Insureds Is Now a Reality in New...

Bill 30 – An Act to Amend the Insurance Act (the “Bill”) was introduced to the New Brunswick Legislature by the Honourable Cathy Rogers on December 16, 2017. The amendments were proposed in order to prevent insurance companies from denying coverage to innocent co-insureds for property damage caused by an abusive partner and to enhance the protection of assets for victims of intimate partner violence.

CMPA Not an Insurer

The plaintiff, Shirley Shannon, had been sexually assaulted by her psychiatrist Dr. Akoto. Shannon suffered emotional and mental distress as a result of the sexual assaults and attempted suicide resulting in extensive physical injuries.