Publications

Cox & Palmer, New Brunswick, Newfoundland & Labrador, Nova Scotia, Prince Edward Island, December 17, 2018 – A question that we frequently hear from our colleagues in the insurance industry is: what benefits can we deduct in tort claims seeking damages for loss of income? Consider the plaintiff who has suffered a disabling injury and is unable to work as a result of either a slip and fall accident or an automobile...

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.