Publications

Cox & Palmer, New Brunswick, April 19, 2017 – Are payments offered through a conciliation process designed to make moral amends covered by commercial general liability (CGL) insurance?  Such was the novel issue considered by the New Brunswick Court of Queen’s Bench in L’Évêque Catholique Romain de Bathurst v. Aviva Insurance Company of Canada and Co-Operators General Insurance Company (intervenor), 2016 NBQB 174. Read More

Cox & Palmer, Newfoundland & Labrador, April 19, 2017 – Downer v Pitcher, 2017 NLCA 13 In this case, the Newfoundland and Labrador Court of Appeal considered the validity and enforceability of a full and final release involving two unrepresented individuals. Read More

Cox & Palmer, New Brunswick, February 16, 2017 – As of January 1, 2017, Rule 22 of the New Brunswick Rules of Court for ‘Summary Judgment’ was repealed and replaced. Rule 22 for Summary Judgment has now been transformed from a means to weed out unmeritorious claims to a significant alternative model of adjudication. When faced with a lawsuit, a Summary Judgment Motion is...

Cox & Palmer, Newfoundland & Labrador, February 16, 2017 – Unifund Assurance Company v Churchill, 2016 NLCA 73 In this case, the Newfoundland & Labrador Court of Appeal considered the scope of the implied undertaking rule in circumstance involving an independent medical examination. Churchill, who was injured in a motor vehicle accident, commenced a tort claim against the other driver. He also claimed, and initially...