Publications

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...

Cox & Palmer, Newfoundland & Labrador, February 24, 2014 – – Gordon v. Sexton, 2013 NLTD 127. The plaintiff claimed for damages arising from injuries sustained in a rear end collision in April 2002. Liability was admitted. The sole issue before the court was an assessment of the plaintiff’s damages. The plaintiff, aged 53 at the time of trial, continued to suffer some 11 years...

Cox & Palmer, Nova Scotia, February 24, 2014 – – Hants Realty Ltd. v. Travelers Guarantee Co. of Canada, 2013 NSSC 195. Hants Realty brought an application to have its insurer, Travelers, assume carriage of the defence of a civil action brought against it by former clients, the Pattens. Travelers denied that it was obligated to respond under the insurance policy on the basis...