Publications

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  • Case Law Highlights the Difficulties of Establishing Liability for Slip and Falls During Newfoundland and Labrador Winters

    Cox & Palmer, Newfoundland & Labrador, November 13, 2017 – A Summary of Key Principles: The duty of an occupier is to take such care as in all of the circumstances is reasonable to ensure that lawful visitors are reasonably safe. The fact that a slip and fall occurs does not create a presumption of negligence. The onus is upon the plaintiff to establish that...
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  • Applicable Test for Non-Party Production Orders

    Cox & Palmer, Ontario, September 11, 2017 – Rule 30.10(1) of the Prince Edward Island Rules of Civil Procedure allows for production of documents in the possession, power or control of non-parties where the document is not privileged and a) the document is relevant to a material issue in the action and b) it would be unfair to require the moving party to proceed to...
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  • Building a Modern Defence Lawyer: A Q&A with CDL President Jade Spalding

    Cox & Palmer, July 11, 2017 – A Q&A with Canadian Defence Lawyers President Jade Spalding of Cox & Palmer Why did you became involved with Canadian Defence Lawyers (CDL) I wanted to get involved in an organization related to the defence practice that could provide specialized training and support and found that in CDL.  The organization offers terrific training in substantive...
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  • Availability of Coverage Under a CGL Policy For Historical Sexual Abuse

    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
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