Publications

Cox & Palmer, Nova Scotia, September 13, 2018 – The recent decision of the Nova Scotia Supreme Court in Saccary v Vonhammerstein presents an interesting issue on independent medical examinations (IMEs) at the request of Section A insurers. Should a doctor be disqualified from performing an IME at the behest of a Section A insurer if the doctor had performed an IME on the same...

Cox & Palmer, Nova Scotia, September 12, 2018 – The Nova Scotia Supreme Court has decided that Canada Pension Plan disability benefits are not deductible from damages of future income loss or lost earning capacity arising from a motor vehicle accident. The recent decision of the Supreme Court of Nova Scotia in Holland v Sparks1 decides a question of law on whether s.113A of the Insurance Act applies to future Canadian...

Cox & Palmer, Newfoundland & Labrador, July 23, 2018 – In Ryan v. Curlew, 2018 NLSC 72, the Supreme Court of Newfoundland and Labrador assessed damages in the context of a personal injury claim. In doing so, the court addressed two key factors: mitigation and credibility. It also considered the application of a statutory provision regarding deductions for income related payments. Read More.

Cox & Palmer, New Brunswick, June 15, 2018 – In Bent v. MacFarlane, contradictions in Bent’s self-reporting and her lack of attempt to seek a medical resolution to an alleged chronic pain syndrome proved extremely limiting to her claim for damages.  The case is remarkable for the severity of its result as well as for the blunt deconstruction by the New Brunswick Court of...