Knowledge Centre

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RCMP investigation files with respect to a suspicious house fire ruled admissible in subsequent insurance dispute due to their unconditional release to the insured.

FIRM:Cox & Palmer
JURISDICTION:New Brunswick
DATE:March 2013
AUTHOR: No Author
CATEGORIES:Articles, Coverage, Knowledge Centre

Bennett’s home was destroyed by a suspicious house fire. The RCMP investigated but no charges were laid. Bennett’s insurer, State Farm, denied liability on the basis that the house was vacant for more than 30 days. Bennett commenced an action for recovery under the policy.

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The Recognition and Enforcement of Foreign Judgments in New Brunswick: The Path Through Murky Water.

FIRM:Cox & Palmer
JURISDICTION:New Brunswick
DATE:February 2013
AUTHOR: Monika M.L. Zauhar and Kathleen MacDougall
CATEGORIES:Articles, Coverage, Knowledge Centre

I. Introduction 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 … Read more »

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No-Fault Auto Insurance: Supreme Court Determines What Is An Auto Accident

FIRM:Fillmore Riley LLP
JURISDICTION:Manitoba
DATE:January 2013
AUTHOR: Ari Hanson
CATEGORIES:Articles, Automobile, Knowledge Centre

In the provinces whose auto insurance schemes include a no-fault, public component, there is often contention as to where liability for bodily injuries arising out of auto accidents and the ability to sue will ultimately lie. The provinces in question … Read more »

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FSCO Arbitration Requests May Leave Insurers Scrambling

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:December 2012
AUTHOR: Shawn O'Connor
CATEGORIES:Articles, Automobile, Knowledge Centre

A recent Court of Appeals ruling on ‘failed mediations’ by FSCO may have a significant impact on the number of requests for arbitration received by insurers. Under current legislation FSCO is required to mediate disputes filed for denied statutory accident … Read more »

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The relevant factors constituting a true offer to settle pursuant to Civil Procedure Rule 49

FIRM:Cox & Palmer
JURISDICTION:Prince Edward Island
DATE:December 2012
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Shepard v. Sanderson & Govt of PEI 2012 PESC 20 The plaintiff Shepard suffered injuries after being struck by heavy snow thrown onto her by a snowplow. She commenced two separate actions against the defendants for payment of Section B … Read more »

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Right of way for vessels engaged in fishing pursuant to the Canada Shipping Act’s Collision Regulations.

FIRM:Cox & Palmer
JURISDICTION:Prince Edward Island
DATE:December 2012
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Hogan v. Buote 2012 PESC 10 The plaintiff, Brian Hogan, was hauling his lobster traps on the waters off Prince Edward Island when the defendant, Darryl Buote, spotted him. Buote lost sight of Hogan’s boat momentarily and when he next … Read more »

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Insurer unable to subrogate against insured’s employee

FIRM:Cox & Palmer
JURISDICTION:Nova Scotia
DATE:December 2012
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre, Subrogation

Portage LaPrairie Mutual Insurance Company (“Portage”) insured Green Thumb Farmers Market. The defendant MacLean was an employee of Green Thumb when a fire occurred while MacLean was cooking at the market. Portage paid out its insured’s fire loss claim and … Read more »

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Court of Appeal and Trial Division consider adding parties after expiry of Limitation Period.

FIRM:Cox & Palmer
JURISDICTION:Newfoundland & Labrador
DATE:December 2012
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre, Limitation periods, Occupiers liability

In Houston v. 10475 Newfoundland Limited, 2012 NLCA 34, the plaintiff, Houston, fell on an icy walkway in an area abutted by two commercial buildings. She started an action within the limitation period, naming only the property manager of one … Read more »

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Court of Appeal clarifies test for granting order compelling a plaintiff to submit to an independent “Mental Examination”

FIRM:Cox & Palmer
JURISDICTION:Newfoundland & Labrador
DATE:November 2012
AUTHOR: No Author
CATEGORIES:Articles, Automobile, Knowledge Centre, Medical Examinations

Lawlor v. Pennell, 2012 NLCA 32 In 2004, the plaintiff, Pennell, suffered soft tissue injuries as the result of a motor vehicle accident with the defendant, Lawlor. She commenced an action seeking damages for her physical injuries and “ongoing pain, … Read more »

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First look at the application of s.22 of the Limitation of Actions Act

FIRM:Cox & Palmer
JURISDICTION:New Brunswick
DATE:November 2012
AUTHOR: No Author
CATEGORIES:Articles, Automobile, Knowledge Centre

Gildart v. Minhas, 2012 NBQB 300 On June 14, 2009, Gildart was involved in a motor vehicle accident. Following her accident, Gildart met with her lawyer on June 30, 2009 to commence her claim for compensation against the defendant, Minhas. … Read more »

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