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Cox & Palmer, November 29, 2012 – Annapolis County District School Board v. Marshall, 2012 SCC 27 Four-year-old Johnathan Marshall, was struck by a school bus driven by the applicant Feener. Johnathan ran onto the highway and into its path. Feener braked immediately upon seeing the boy but Johnathan was struck, suffering serious injuries. At age 19, Johnathan, through his litigation guardian,... -
Cox & Palmer, New Brunswick, January 16, 2012 – I. INTRODUCTION The principle of recovery in a tort action is to compensate the injured party as completely as possible for the loss suffered as a result of the negligence of a tortfeasor. Typically the plaintiff is not entitled to recover twice for any loss arising from the injury (known as a limitation on double...