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

Prove-it! The British Columbia Court of Appeal Confirms the Tripartite...

Prove-it! The British Columbia Court of Appeal Confirms the Tripartite Test for Future Loss of Earning Capacity Claims Must Be Met in Full

Aviva Insurance Company of Canada v MacDonald, 2022 NBCA 68

Background After suffering injuries in a motor vehicle accident, the plaintiff was placed off work and provided with loss of income benefits under Section B of her policy through Aviva.  The plaintiff received these benefits for 104 weeks.  She was subsequently cleared to return to work and did so for the following 13 months, before […]

Case Law Update: Recent Key Decisions in the Atlantic Provinces

On Friday, December 1st, 2022, a panel of Cox & Palmer insurance lawyers from across the region presented our Case Law Update: Recent Key Decisions in the Atlantic Provinces Webinar, which covered current developments and recent key decisions in the region, from the last couple of years. Access Paper Here

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 […]

No Restarting the Limitations Clock in Balsom v. Rideout: Settlement...

In Balsom v. Rideout, 2022 NLCA 20, Cox & Palmer was successful in the appeal of a lower court decision which denied an application to dismiss the action for being commenced outside the limitation period. There were two broad issues: (1) whether an insurance adjuster’s communications were protected by settlement privilege, and (2) if not, […]

March 7, 2022

Flurries with a Chance of Slip and Falls: Best Practices...

The presence of ice during the winter in New Brunswick is not unusual. Neither are slip and falls. Every year, business owners run the risk that an individual might slip and fall on their property, suffer an injury, and bring a legal action against them, as the owner of the property, for damages. These damages […]

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 […]

If at First You Don’t Succeed… : Fennelly v. Lloyd’s...

Fennelly v. Lloyd’s Underwriters, 2021 NLSC 160, involved an application by the First and Second Defendants, Lloyd’s Underwriters (“Lloyd’s”) and Anthony & Associates Inc. (“Anthony”), pursuant to Rule 40.11 of the Rules of the Supreme Court, 1986, S.N.L. 1986, c. 42, Sch. D, to dismiss the insured Plaintiff’s claim for want of prosecution. This was […]

Will Your Limitation of Liability Clause Stand Up To Court...

In 6362222 Canada Inc. v Prelco Inc., 2021 SCC 39 (38904) (“Createch v Prelco“), the Supreme Court of Canada considered the issue of whether a limitation of liability clause in a contract between the two parties was invalid on the basis of the doctrine of breach of a fundamental obligation. The Court ultimately held that […]