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  • Per Quod or Not Per Quod? That is the Question.

    SVR Lawyers, Alberta, March 18, 2013 – Hammond and Syncrude Canada Ltd. v. DeWolfe, 2012 ABQB 684 Richard Hammond was employed by Syncrude Canada when he was injured in a motor vehicle accident with the Defendant, Patricia DeWolfe. As part of his employment contact with Syncrude, Hammond was covered by a Temporary Disability Plan (TDP), which provided for short term income benefits...
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  • Separate actions arising from same motor vehicle accident ordered to be tried at same time.

    Cox & Palmer, Prince Edward Island, March 15, 2013 – – McCrimmon v Estate of Hood, 2012 PESC 28 Two separate actions were commenced following a fatal motor vehicle accident. One vehicle was driven by the plaintiff, McCrimmon, and the other was driven
by Hood, who died in the accident. McCrimmon alleged injuries as a result of the accident and commenced an action against Hood’s estate....
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  • Court of Appeal upholds finding of minor injury, limiting plaintiff’s general damages to $2,500.00

    Cox & Palmer, Nova Scotia, March 15, 2013 – – Awalt v Blanchard, 2013 NSCA 11 Michelle Kelly, a partner in Cox & Palmer’s Halifax office, was recently successful in arguing to uphold a trial judge’s finding that the plaintiff had suffered a minor injury in a motor vehicle accident, limiting her general damages to $2,500.00 (the minor injury cap in place at the...
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  • Nominal offer to settle does not attract costs advantage.

    Cox & Palmer, Newfoundland & Labrador, March 15, 2013 – – Quinlan Brothers Limited v Coady, 2012 NLTD(G) 194 This case involved an application pursuant to Rule 20A, seeking an award of costs greater than the party and party costs awarded at trial on the basis that an Offer to Settle, in the amount of $5,000.00, had been made by defendants. The plaintiff, Quinlan Brothers’,...
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