Publications

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  • Defending Psychological Claims – Webinar Recording

    CBM LLP, Cox & Palmer, Northpoint Legal, Alberta, New Brunswick, April 08, 2022 – Psychological claims have been on the rise for many years. High-profile athletes withdrawing from competition, greater awareness of the symptoms and long-term impact of concussions and PTSD, and the increased focus on mental health in the workplace during the pandemic have increased the likeliness of a further rise in claims in the years to come....
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  • The 5% Rule in Ontario – Applying the Bank Rate to Non-Pecuniary Damages in Personal Injury Actions?

    Blaney McMurtry LLP, Ontario, March 24, 2022 – Canadians, for over a decade, and especially over the course of the recent pandemic, have experienced a low interest rate environment. While interest rates are in the news again, with a possibility of a slight rate movement upward, many litigants, from a Defendant’s perspective, hope the movement in the context of personal injury litigation is...
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  • Business Interruption Insurance and the COVID-19 Pandemic: The Canadian Experience

    Blaney McMurtry LLP, Ontario, March 24, 2022 – There is no doubt that the COVID-19 pandemic has given rise to some of the most contentious legal issues of our time on a global scale. Justice Belobaba, for the Ontario Superior Court of Justice, began his determination regarding a class action carriage motion by stating, “[t]he impact of the Covid-19 pandemic on business operations...
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  • How far does the insured’s duty to cooperate go?

    Stein Monast, Quebec, March 24, 2022 – Does the insured’s duty to cooperate allow an insurer to access data stored on their cellphone? The Court of Quebec recently ruled on this issue in Murray v. Promutuel de l’Estuaire, société mutuelle d’assurance générale. André Murray (“Murray”) sued his insurer, Promutuel de l’Estuaire, Société mutuelle d’assurance Générale (“Promutuel”) after his vehicle was allegedly stolen....
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