Publications

Cox & Palmer, Prince Edward Island, July 14, 2022 – The recent decision in Stevens v. Oyster Bed sheds light on the efficacy of waiver/assumption of risk forms in fatal accidents on Prince Edward Island.[1] Background In Stevens v. Oyster Bed, Mr. Stevens tragically passed away following a stock car race accident. An action was commenced under the Fatal Accidents Act (FAA) by the surviving spouse, on behalf of the...

Cox & Palmer, Newfoundland & Labrador, May 25, 2022 – In Balsom v. Rideout, 2022 NLCA 20, Cox & Palmer was successful in the appeal of a lower court decision which denied an application to dismiss the action for being commenced outside the limitation period. There were two broad issues: (1) whether an insurance adjuster’s communications were protected by settlement privilege, and (2) if not, whether they...

CBM LLP, Cox & Palmer, Kelly Santini LLP, Alberta, New Brunswick, Ontario, May 06, 2022 – Click below to download the slides. RMC – Handling Claims with Uninsured, Under-Insured and Unknown Motorists Insurance claims involving uninsured motorists bring up numerous legal issues and claims management steps not found in other MVA claims. Whether it is an accident involving your own insured who is denied coverage or an accident involving another driver...

Cox & Palmer, New Brunswick, April 19, 2022 – The presence of ice during the winter in New Brunswick is not unusual. Neither are slip and falls. Every year, business owners run the risk that an individual might slip and fall on their property, suffer an injury, and bring a legal action against them, as the owner of the property, for damages. These damages...