Archives

March 15, 2013 – – McCrimmon v Estate of Hood, 2012 PESC 28 Two separate actions were commenced following a fatal motor vehicle accident. One vehicle was driven by the plaintiff, McCrimmon, and the other was driven
by Hood, who died in the accident. McCrimmon alleged injuries as a result of the accident and commenced an action against Hood’s estate....

March 15, 2013 – – Awalt v Blanchard, 2013 NSCA 11 Michelle Kelly, a partner in Cox & Palmer’s Halifax office, was recently successful in arguing to uphold a trial judge’s finding that the plaintiff had suffered a minor injury in a motor vehicle accident, limiting her general damages to $2,500.00 (the minor injury cap in place at the...

March 15, 2013 – – Quinlan Brothers Limited v Coady, 2012 NLTD(G) 194 This case involved an application pursuant to Rule 20A, seeking an award of costs greater than the party and party costs awarded at trial on the basis that an Offer to Settle, in the amount of $5,000.00, had been made by defendants. The plaintiff, Quinlan Brothers’,...

February 20, 2013 – 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 party owing becomes the judgment debtor and the amount owing becomes the judgment debt. Often,...