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May 25, 2022 – 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, whether they...

May 25, 2022 – In a general sense, the concept of good faith governs the behaviour of every person. No right may be exercised with the intent of injuring another person or in an excessive or unreasonable manner[1]. In insurance, this criterion becomes even more important, and we might refer to the concept of a “high level of good...

April 19, 2022 – 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...

April 19, 2022 – The argument often raised to justify certain decisions of a procedural nature is that the principle of proportionality set out by the legislator in the Code of Civil Procedure (“C.C.P.”) must be upheld. However, we should exercise caution and avoid relying solely on this principle, particularly when deciding whether to appoint a joint expert. At...