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  • Defence of Slip, Trip and Fall Liability Claims 101

    Cox & Palmer, New Brunswick, Newfoundland & Labrador, Nova Scotia, Prince Edward Island, December 14, 2020 – Canadian jurisdictions take three (3) different approaches to the question of the standard of care expected of homeowners or property owners when considering a slip, trip and fall action. These approaches are: occupiers’ liability legislation; the common law of occupiers’ liability; or general principles of negligence. Read More
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  • Virtual Court Should Remain a Tool to Benefit Litigants

    Cox & Palmer, Nova Scotia, December 14, 2020 – The COVID-19 pandemic and the restrictions put in place to prevent the spread of the virus have presented challenges to the litigation process. In the face of those challenges, courts across the country have adapted to increase the use of remote communication technology to allow litigation matters to move forward. “Virtual court”, or remote hearings...
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  • Case Law Update from Prince Edward Island – Carr-McNeill v. Cape D’Or et al., 2020 PESC 5

    Cox & Palmer, Prince Edward Island, November 16, 2020 – In this case, the Plaintiff tripped and fell on the premises owned and operated by the Defendant. As a result of the fall, the Plaintiff suffered a permanent partial disability to her middle finger on her right hand. The Defendant admitted partial liability for the fall, but argued contributory negligence. Read More
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  • Nova Scotia Case Law Update – Intact Insurance Company v Malloy, 2020 NSCA

    Cox & Palmer, Nova Scotia, October 26, 2020 – The Plaintiff, Malloy, was involved in a car accident and brought an action against the defendant insurer with respect to a denial of medical benefits under Nova Scotia’s Standard Automobile Policy. Malloy then brought a motion, requesting that the insurer disclose its policies, procedures and internal documents regarding how accident benefits are handled and resolved....
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