Publications

Cox & Palmer, Prince Edward Island, February 24, 2014 – – Wood (Litigation guardian of) v. Wood, 2013 PESC 11. The plaintiff was a minor when she suffered a brain injury in an MVA. The parties reached a settlement by mediation and the plaintiff’s litigation guardian sought court approval of the settlement. The settlement was approved, however a sealing order and solicitor-client costs remained outstanding....

Cox & Palmer, February 24, 2014 – – Sable Offshore Energy Inc. v. Ameron International Corp., 2013 SCC 37. The plaintiff filed a claim against a number of defendants, when paint used on offshore structures failed to prevent corrosion. The plaintiff entered into Pierringer Agreements with some of the defendants, permitting them to withdraw from the litigation upon settlement, but allowed the...

CBM LLP, Alberta, February 24, 2014 – This case involved a Plaintiff who was involved in four separate motor vehicle accidents. Since the Plaintiff and the Defendants did not agree on a certified examiner, physicians were appointed by the Superintendent of Insurance. The Plaintiff then insisted that the examinations be videotaped, while the Defendants took the position that the Plaintiff had no...

Kelly Santini LLP, Ontario, January 24, 2014 – Overview In May, 2013, the Ontario Court of Appeal upheld a contractual one year limitation period in a commercial property policy. The Co-Operators denied the claim and when the plaintiffs brought an action against The Co-operators, it was struck out because it was commenced beyond the one year mark as specified in their policy but...