Publications

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...

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...

Cox & Palmer, New Brunswick, November 30, 2012 – Leavitt v. Hooper, 2012 NBQB 74 The plaintiff Leavitt was injured in a motor vehicle accident with the defendant Hooper, who admitted liability. Shortly after the action was commenced, Leavitt’s Section B insurer, Aviva Canada Inc. (“Aviva”), ceased paying Section B benefits to Leavitt after 104 weeks once it determined that Leavitt no longer qualified...

Cox & Palmer, November 29, 2012 – Clements v. Clements, 2012 SCC 32 The plaintiff, Clements, drove over a nail while driving his motorcycle with his wife.  The nail damaged the tire, which resulted in Clements losing control of the motorcycle. Clements’s wife suffered a brain injury in the crash and sued her husband, alleging that her injury was caused by his...