Publications

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....

Cox & Palmer, July 24, 2016 – Over the past year or so, a series of Canadian decisions have caused lawyers, judges and legal commentators to refocus on the issue of expert evidence in litigation.  From the interaction of expert witnesses with the people who pay their fees, to concerns with the quality and usefulness of the evidence they provide, our system...

Cox & Palmer, January 22, 2016 – Treatment of income loss relating to business interests The present article deals with the potential treatment by the Courts of claims by plaintiffs alleging a loss of income relating to the plaintiff’s ownership interest as a shareholder in a closely held incorporated business1. In such scenarios, the plaintiff is often not only a major shareholder...

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...