Publications

CBM LLP, Alberta, February 24, 2014 – Termination of an insurance contract typically occurs in one of three circumstances: by natural expiry of the time period specified in the contract, by mutual agreement between insurer and insured, or by unilateral procedure of the insurer. The last of these circumstances may become contentious with an insured, especially when an insured has to find...

Cox & Palmer, New Brunswick, February 24, 2014 – – Robichaud v. Paquette, 2013 NBQB 287. Two motions were heard by the court in relation to separate proceedings involving the same plaintiff following two motor vehicle accidents. In the first motion, a defendant in one of the actions, Dominion, sought an extension of time to commence a third party claim pursuant to Rule 30.02(1)...

Cox & Palmer, Newfoundland & Labrador, February 24, 2014 – -Jefferson v. MacKlem, 2013 NLTD(G) 106. The defendant, MacKlem, made an application pursuant to Rule 6.07(7) seeking to have the service of a statement of claim set aside and the proceeding stayed. The plaintiff, Jefferson, had commenced an action in Newfoundland and Labrador with respect to an MVA alleged to have occurred in Ontario. At...

Cox & Palmer, Newfoundland & Labrador, February 24, 2014 – – Gordon v. Sexton, 2013 NLTD 127. The plaintiff claimed for damages arising from injuries sustained in a rear end collision in April 2002. Liability was admitted. The sole issue before the court was an assessment of the plaintiff’s damages. The plaintiff, aged 53 at the time of trial, continued to suffer some 11 years...