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Cox & Palmer, Nova Scotia, December 05, 2012 – Levine v. Roots Canada Limited, 2012 NSSC 268 Sandra Arab Clarke, a partner in our Halifax office, was recently successful in defending a motion for production of the insurer’s entire file which the plaintiff Levine argued was necessary insofar as it may “touch upon” how the insurer handled Levine’s claim. Levine had been injured at...
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Articles
Court of Appeal and Trial Division consider adding parties after expiry of Limitation Period.
Cox & Palmer, Newfoundland & Labrador, December 05, 2012 – In Houston v. 10475 Newfoundland Limited, 2012 NLCA 34, the plaintiff, Houston, fell on an icy walkway in an area abutted by two commercial buildings. She started an action within the limitation period, naming only the property manager of one of the building owners as defendant. Following the expiry of the limited period, she made... -
Cox & Palmer, Newfoundland & Labrador, November 30, 2012 – Lawlor v. Pennell, 2012 NLCA 32 In 2004, the plaintiff, Pennell, suffered soft tissue injuries as the result of a motor vehicle accident with the defendant, Lawlor. She commenced an action seeking damages for her physical injuries and “ongoing pain, suffering and distress” but later amended her claim to allege that private investigators hired by...
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Cox & Palmer, New Brunswick, November 30, 2012 – Gildart v. Minhas, 2012 NBQB 300 On June 14, 2009, Gildart was involved in a motor vehicle accident. Following her accident, Gildart met with her lawyer on June 30, 2009 to commence her claim for compensation against the defendant, Minhas. Gildart’s solicitor did not initiate legal proceedings until July 26, 2011, over the two year...