Publications

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February 16, 2017 – As of January 1, 2017, Rule 22 of the New Brunswick Rules of Court for ‘Summary Judgment’ was repealed and replaced.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...

Cox & Palmer, Newfoundland & Labrador, August 16, 2016 – Fennelly v Lloyd’s Underwriters, 2016 NLTD(G) 1. Fennelly’s fishing vessel suffered physical damage in January, 2006. He sought payment under a Marine Insurance policy, issued by Lloyd’s Underwriters. The policy insured the vessel for $500,000 against total loss, whether actual or constructive. Lloyd’s denied coverage, stating that the repair costs were less than $500,000. Read...

Cox & Palmer, New Brunswick, July 24, 2016 – Shannon v. Canadian Medical Protective Association, 2016 NBQB 4 The plaintiff, Shirley Shannon, had been sexually assaulted by her psychiatrist Dr. Akoto.  Shannon suffered emotional and mental distress as a result of the sexual assaults and attempted suicide resulting in extensive physical injuries.  Dr. Akoto fled the jurisdiction.  Shannon obtained a default judgment against Dr....