Publications

Cox & Palmer, New Brunswick, January 12, 2015 – In a decision that will be of interest to anyone involved with fatality claims, the New Brunswick Court of Appeal has ruled that the loss of the income that a deceased person could have earned had he or she survived is not recoverable by the deceased person’s estate. The recoverability of damages representing the income...

Cox & Palmer, New Brunswick, March 21, 2014 – The claim for loss of insurability… If you are plaintiff counsel you may be wondering what it is, why you haven’t heard of it, and should you be worried that you have not been considering it in all your cases.  If you are defence counsel, you may similarly be wondering what it is, why you...

Cox & Palmer, New Brunswick, February 24, 2014 – – Robichaud v. Paquette, 2013 NBQB 287. Two motions were heard by the court in relation to separate proceedings involving the same plaintiff following two motor vehicle accidents. In the first motion, a defendant in one of the actions, Dominion, sought an extension of time to commence a third party claim pursuant to Rule 30.02(1)...

Cox & Palmer, Newfoundland & Labrador, February 24, 2014 – -Jefferson v. MacKlem, 2013 NLTD(G) 106. The defendant, MacKlem, made an application pursuant to Rule 6.07(7) seeking to have the service of a statement of claim set aside and the proceeding stayed. The plaintiff, Jefferson, had commenced an action in Newfoundland and Labrador with respect to an MVA alleged to have occurred in Ontario. At...