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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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  • Defending Business Interruption Claims from COVID-19 – Webinar Recording

    Cox & Palmer, Donati Maisonneuve, McKercher LLP, Northpoint Legal, SVR Lawyers, Alberta, Prince Edward Island, Quebec, Saskatchewan, July 20, 2020 – COVID-19 has shuttered economies across the country and around the world. Despite the lack of physical damage, business insurers everywhere are facing an onrush of business interruption claims that will persist for some time to come. In this webinar, our national panel of insurance lawyers update viewers on the latest developments in business interruption claims,...
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