Knowledge Centre

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Two IMEs, one doctor: Retaining the same medical expert to examine an insured individual involved in two accidents

FIRM:Cox & Palmer
JURISDICTION:Nova Scotia
DATE:September 2018
AUTHOR: Andrew Sowerby
CATEGORIES:Articles, Knowledge Centre

The recent decision of the Nova Scotia Supreme Court in Saccary v Vonhammerstein presents an interesting issue on independent medical examinations (IMEs) at the request of Section A insurers. Should a doctor be disqualified from performing an IME at the behest … Read more »

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Emerging Global Cyber Ransom Threats Require a Strategic Response from the C-Suite (podcast)

FIRM:Blaney McMurty LLP
JURISDICTION:Ontario
DATE:September 2018
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Blaneys’ Partner David Mackenzie discusses emerging cyber threats and the expansion of regulatory risk under GDPR and Canada’s PIPEDA with A.M. Best.  He is joined by Insurance Law Global Partners Ed Lewis from Weightmans LLP in the U.K. and David Shannon with Marshall Dennehey Warner Coleman … Read more »

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Before and After: NS Supreme Court Decision on CPP Benefit Deductability

FIRM:Cox & Palmer
JURISDICTION:Nova Scotia
DATE:September 2018
AUTHOR: Andrew Sowerby
CATEGORIES:Articles, Knowledge Centre

The Nova Scotia Supreme Court has decided that Canada Pension Plan disability benefits are not deductible from damages of future income loss or lost earning capacity arising from a motor vehicle accident. The recent decision of the Supreme Court of Nova Scotia … Read more »

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Summary Judgments and Insurance Claims in Saskatchewan

FIRM:McKercher LLP
JURISDICTION:Saskatchewan
DATE:July 2018
AUTHOR: Kit McGuinness and Zina Scott
CATEGORIES:Articles, Knowledge Centre

1 – Background Information A summary judgment procedure is designed to improve the efficiency of civil litigation. Used properly by the plaintiff, it can be utilized to receive judgment without the time and cost associated with a full trial. Used … Read more »

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Medical Marijuana in Personal Injury Actions

FIRM:Lindsay LLP
JURISDICTION:British Columbia
DATE:July 2018
AUTHOR: Tiffany P.K. Tsang and Callan W. MacKinlay
CATEGORIES:Articles, Knowledge Centre

The purpose of this paper is to provide an overview of the current state of the law and jurisprudence on the current and potential future guidelines for authorization of medical marijuana by medical practitioners; judicial considerations for awarding versus denying … Read more »

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Lease Terms Govern Subrogation Rights says ONCA

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:July 2018
AUTHOR: Shawn O'Connor and Hamish Mills-McEwan
CATEGORIES:Articles, Knowledge Centre

Royal Host GP Inc. v. 1842259 Ontario Ltd., 2018 ONCA 467 – In Royal Host GP, the Ontario Court of Appeal overturned a decision of a motion judge and ruled that a tenant was not entitled to the benefit of the fire … Read more »

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Mitigation, Credibility and Deductions: A Case Comment on Ryan v. Curlew, 2018 NLSC 72

FIRM:Cox & Palmer
JURISDICTION:Newfoundland & Labrador
DATE:July 2018
AUTHOR: Jorge Segovia
CATEGORIES:Articles, Knowledge Centre

In Ryan v. Curlew, 2018 NLSC 72, the Supreme Court of Newfoundland and Labrador assessed damages in the context of a personal injury claim. In doing so, the court addressed two key factors: mitigation and credibility. It also considered the application … Read more »

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Supreme Court of Canada Clarifies the Scope of Existing Duties of Care

FIRM:Cox & Palmer
DATE:July 2018
AUTHOR: Ian Whitcomb
CATEGORIES:Articles, Knowledge Centre

In Rankin (Rankin’s Garage and Sales) v. J.J., 2018 SCC 19, the Supreme Court of Canada clarified how it will interpret existing duties of care, in the context of a personal injury arising from the theft of a vehicle stored at … Read more »

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Joinder of multiple actions against a manufacturer

FIRM:Stein Monast
JURISDICTION:Quebec
DATE:July 2018
AUTHOR: Jessica Gauthier
CATEGORIES:Articles, Knowledge Centre

In Industrielle Alliance, assurances auto et habitation inc. vs. Usines Giant inc.1, the Court had to rule on the procedural validity of a joinder of multiple claims, all involving the same water-heater manufacturer, Giant, in a single legal action. Industrielle Alliance, duly … Read more »

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Pure Economic Loss – Issues Involving the Assessment and Calculation of Loss of Income/Future Earning Capacity of Self-Employed Plaintiffs/Small Business Owners

FIRM:CBM Lawyers
DATE:June 2018
AUTHOR: Debra Woodske and Kimberly Wasylenchuk
CATEGORIES:Articles, Knowledge Centre

Calculating income loss and earning capacity claims in personal injury matters comes with its usual struggles in the search for information and the battles with Plaintiff’s counsel over what is reasonable and how these claims should be assessed. Generally, both … Read more »

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