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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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  • Case Law Update from Nova Scotia – MacVicar Estate vMacDonald, 2019 NSCA 90

    Cox & Palmer, Nova Scotia, September 25, 2020 – The parties were involved in a motor vehicle accident. At the time of the accident the Plaintiff, MacDonald, worked as a registered nurse. At trial, Justice Murray found that MacDonald’s injuries left her unable to perform her own or any comparable job, and awarded her damages totalling $760,933.00. Critically, the Court also held that MacDonald’s...
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  • Bailey v Temple, 2020 NLCA 3 – Case Law Update from Newfoundland & Labrador

    Cox & Palmer, Newfoundland & Labrador, August 19, 2020 – In this case, the plaintiff suffered injuries when she struck a pedestrian worker and his employer’s vehicle. The plaintiff and her husband sued the employer for damages respecting her injuries and the property damage to their vehicle. The pedestrian defendant subsequently sued the plaintiff for damages for his injuries. The defendant’s employer settled the plaintiff’s...
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  • The Supreme Court of Canada Ends the Debate – Waiver of Tort is Not an Independent Cause of Action: Atlantic Lottery v. Babstock

    Cox & Palmer, Newfoundland & Labrador, August 19, 2020 – On July 24, 2020, the Supreme Court of Canada released its decision in Atlantic Lottery Corp. Inc. v. Babstock, 2020 SCC 19. The Court allowed the appeals, and struck the plaintiffs’ claims on the basis that they disclosed no reasonable cause of action. Background Atlantic Lottery Corporation (“ALC”), which is constituted by the four Atlantic...
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