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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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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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Blaney McMurtry LLP, CBM LLP, Cox & Palmer, Fillmore Riley LLP, Kelly Santini LLP, McKercher LLP, Stein Monast, SVR Lawyers, Alberta, Manitoba, New Brunswick, Newfoundland & Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec, Saskatchewan, April 06, 2020 – RMC lawyers across Canada are preparing updates on the COVID-19 virus and its impact on the insurance industry. For full details on our COVID-19 National Response Team, please click here. Alberta Commercial All-Risks Property Policies and Business Losses in the Age of COVID-19 SVR Lawyers – Calgary Update on Rules of Court and Court Closures...
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Cox & Palmer, Nova Scotia, March 25, 2020 – As both provincial and federal governments across Canada continue to impose restrictions on business and travel in an attempt to curtail the spread of COVID-19, parties to contracts, especially service or sale of goods contracts, may find it increasingly more challenging to complete their contractual obligations. In this context, it may be useful to review...
