Archives

September 12, 2018 – 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 in Holland v Sparks1 decides a question of law on whether s.113A of the Insurance Act applies to future Canadian...

July 23, 2018 – 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 medical marijuana claims; and the factual considerations that counsel should pay attention to when seeking...

July 23, 2018 – 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 insurance that the landlord had covenanted to purchase where the loss was caused by the...

July 23, 2018 – 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 of a statutory provision regarding deductions for income related payments. Read More.