Publications

Cox & Palmer, Prince Edward Island, December 05, 2012 – Hogan v. Buote 2012 PESC 10 The plaintiff, Brian Hogan, was hauling his lobster traps on the waters off Prince Edward Island when the defendant, Darryl Buote, spotted him. Buote lost sight of Hogan’s boat momentarily and when he next saw Hogan’s boat, it was too late to avoid a collision. The boats collided and...

Cox & Palmer, December 05, 2012 – Portage LaPrairie Mutual Insurance Company (“Portage”) insured Green Thumb Farmers Market. The defendant MacLean was an employee of Green Thumb when a fire occurred while MacLean was cooking at the market. Portage paid out its insured’s fire loss claim and commenced a subrogated action against MacLean. MacLean successfully brought an action for summary judgment against...

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...

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...