Publications

Cox & Palmer, New Brunswick, September 16, 2024 – On February 27, 2024, the Ontario Court of Appeal released its decision in Loblaw Companies Limited v Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145. With new assurance that an insurer’s duty to defend only applies to the time and risk that an insurer agreed to cover, Loblaw v RSA will be welcomed by commercial...

Cox & Palmer, Prince Edward Island, April 27, 2024 – Though it reads as a clarification of the operation of a statute, the Supreme Court of Prince Edward Island’s recent decision in Field v Aviva Insurance Company carries with it the potential to impact auto insurance throughout the province. Those most directly affected are insurers and workers injured in the course of employment when the...

Cox & Palmer, New Brunswick, March 21, 2024 – Recently, personal injury claims involving mental injury have been on the rise. Part of the reason for this is the 2017 Supreme Court of Canada (“SCC”) decision in Saadati v Moorhead, which defined the proof required in mental injury claims. Prior to Saadati Courts often required claimants to lead Expert testimony confirming that the claimant...

Cox & Palmer, New Brunswick, Newfoundland & Labrador, Nova Scotia, Prince Edward Island, February 21, 2024 – Cox & Palmer’ Regional Insurance Group is pleased to provide the 2023 Case Law Update, covering developments and key decisions in Atlantic Canada from the last year. Cases covered are: New Brunswick Martin et al v. Estate of Pierette Landry and Pembridge Insurance Co., 2023 NBKB 32 Mirrer Hall Investments Inc. et al. v. The...