Publications

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  • Force Majeure Clauses and the Doctrine of Frustration: Flattening the Liability Curve

    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...
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  • Boot Camp Webinar – The Duty to Defend

    CBM LLP, Cox & Palmer, SVR Lawyers, Alberta, New Brunswick, November 15, 2019 – In some instances, claims handlers and adjusters must decide if the insurer has a duty to defend a claim or if the claim falls outside of the coverage offered through the insurance policy. In some cases the decision may be clear, while in others, the duty to defend may fall in to a gray area....
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  • Future Care Costs for Cannabis in Personal Injury Claims

    Cox & Palmer, New Brunswick, Newfoundland & Labrador, Nova Scotia, Prince Edward Island, June 25, 2019 – As a result of the Cannabis Act, cannabis was legalized on October 17, 2018. Prior to that, cannabis was regulated under the Controlled Drugs and Substances Act. There was, however, a legal exemption for the medical use of cannabis. Despite the recent legalization of cannabis, a framework for access to cannabis for medical purposes still...
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  • Damages Arising From Future Loss of Income Determined on Gross, Not Net Basis

    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,...
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