Publications

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...

Cox & Palmer, New Brunswick, April 17, 2018 – Bill 30 – An Act to Amend the Insurance Act (the “Bill”) was introduced to the New Brunswick Legislature by the Honourable Cathy Rogers on December 16, 2017.  The amendments were proposed in order to prevent insurance companies from denying coverage to innocent co-insureds for property damage caused by an abusive partner and to enhance the protection...

Cox & Palmer, Newfoundland & Labrador, February 12, 2018 – Travelers Canada v. Elite Builders Inc., 2017 NLTD(G) 214 – This case involved competing claims to insurance proceeds payable following a fire loss to a building (the “Property”) owned by Elite Builders Inc. (“Elite”).  The Property was insured by Travelers Canada (“Travelers”). Read More