Publications

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  • Defending Brain Injury Claims

    Cox & Palmer, Kelly Santini LLP, Northpoint Legal, Stein Monast, June 18, 2019 – Brain injury claims can be challenging, complex and high value. How they are assessed and the damages awarded are always changing and can vary from province to province. In this webinar, RMC lawyers from across Canada share the latest insights on brain injury claims and the strategies that can be used to defend them. The...
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  • New Brunswick Court of Appeal Rejects Loss of Inheritance Claim Under Fatal Accidents Act in Absence of Proof of Reasonable Expectation of Inheriting

    Cox & Palmer, New Brunswick, May 27, 2019 – The recent decision of the New Brunswick Court of Appeal in Higgins v. Arseneau, 2019 NBCA 21, will be of interest for anyone involved with fatality claims in New Brunswick. The Court upheld the trial decision dismissing a claim brought on behalf of siblings for loss of inheritance arising out of the accidental death of their sister, Caroline Higgins.  The Court...
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  • Amendments to Statement of Claim May Be Allowed After Expiry of Limitation Period

    Cox & Palmer, Prince Edward Island, May 27, 2019 – The recent decision of McKenna v Stewart sheds light on how courts interpret the impact of amendments that are made outside of the limits provided by the Statute of Limitations2, and that potentially raise a new cause of action. On Prince Edward Island, there is a two year limitation period for a claim arising out of a motor vehicle...
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  • Seasonal Worker Did Not Qualify as “Employed” for Purposes of Loss of Income Payments under Automobile Insurance Policy

    Cox & Palmer, Newfoundland & Labrador, May 27, 2019 – In Temple v. Aviva Insurance Company of Canada, the Supreme Court of Newfoundland and Labrador determined that the plaintiff, a seasonal worker, was not employed at the date of the motor vehicle accident. As a result, he did not qualify for loss of income payments under Section B of Newfoundland and Labrador’s standard automobile insurance policy. In...
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