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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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  • Absolute Liability: Applicability and Exceptions – When Is It Absolute?

    Cox & Palmer, New Brunswick, July 10, 2020 – What Is “Absolute Liability”? Absolute liability is the obligation of an insurer to indemnify an innocent third party who was injured by an insured, while the insured was in violation of the insurance policy. Under the absolute liability provision of the Insurance Act, RSNB 1973, c I-12, [the ‘Act’], the insurer may deny coverage to...
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  • NBCA Decision Broadens Limitation Rules for Plaintiffs

    Cox & Palmer, New Brunswick, April 21, 2020 – In its March 26, 2020 decision of Province of New Brunswick v. Grant Thornton, 2020 NBCA 18, the New Brunswick Court of Appeal expanded the “discoverability principle” as enumerated in s. 5 of the New Brunswick Limitation of Actions Act, SNB 2009, c L-8.5. Section 5(2) holds that, for general limitation periods, a claim is discovered on the...
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