Publications

Cox & Palmer, Nova Scotia, March 15, 2013 – – Awalt v Blanchard, 2013 NSCA 11 Michelle Kelly, a partner in Cox & Palmer’s Halifax office, was recently successful in arguing to uphold a trial judge’s finding that the plaintiff had suffered a minor injury in a motor vehicle accident, limiting her general damages to $2,500.00 (the minor injury cap in place at the...

Cox & Palmer, Newfoundland & Labrador, March 15, 2013 – – Quinlan Brothers Limited v Coady, 2012 NLTD(G) 194 This case involved an application pursuant to Rule 20A, seeking an award of costs greater than the party and party costs awarded at trial on the basis that an Offer to Settle, in the amount of $5,000.00, had been made by defendants. The plaintiff, Quinlan Brothers’,...

Cox & Palmer, New Brunswick, February 20, 2013 – I. Introduction Businesspersons and other litigants exhaust time, money and human resources to establish their right to a sum of money by obtaining a judgment in court. Once a judgment is obtained, the party owed becomes the judgment creditor, the party owing becomes the judgment debtor and the amount owing becomes the judgment debt. Often,...

Cox & Palmer, Prince Edward Island, December 05, 2012 – Shepard v. Sanderson & Govt of PEI 2012 PESC 20 The plaintiff Shepard suffered injuries after being struck by heavy snow thrown onto her by a snowplow. She commenced two separate actions against the defendants for payment of Section B benefits pursuant to a standard policy of automobile insurance, and in negligence. The court found...