Publications

Cox & Palmer, Nova Scotia, June 25, 2019 – MacDonald v MacVicar, 2018 NSSC 272 provides judicial guidance on s. 113BA(1) of the Insurance Act, RSNS 1989, c 231 (“Act”), holding that future loss of income damages for plaintiffs injured in motor vehicle accidents should be calculated on a gross, rather than net basis. In MacDonald v MacVicar, 2018 NSSC 271, the court held that the Plaintiff,...

Cox & Palmer, Kelly Santini LLP, Northpoint Legal, Stein Monast, June 18, 2019 – Brain injury claims can be challenging, complex and high value. How they are assessed and the damages awarded are always changing and can vary from province to province. In this webinar, RMC lawyers from across Canada share the latest insights on brain injury claims and the strategies that can be used to defend them. The...

Cox & Palmer, New Brunswick, May 27, 2019 – The recent decision of the New Brunswick Court of Appeal in Higgins v. Arseneau, 2019 NBCA 21, will be of interest for anyone involved with fatality claims in New Brunswick. The Court upheld the trial decision dismissing a claim brought on behalf of siblings for loss of inheritance arising out of the accidental death of their sister, Caroline Higgins.  The Court...

Cox & Palmer, Prince Edward Island, May 27, 2019 – The recent decision of McKenna v Stewart sheds light on how courts interpret the impact of amendments that are made outside of the limits provided by the Statute of Limitations2, and that potentially raise a new cause of action. On Prince Edward Island, there is a two year limitation period for a claim arising out of a motor vehicle...