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Stein Monast, Quebec, August 19, 2020 – The appellant benefits from a group insurance contract between his employer and La Capitale Civil Service Insurer Inc., which contains a two-phase disability benefit. The first phase provides that within the first 24 months, benefits shall be paid when the total disability of the member prevents them from performing every single duty listed in their...
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Cox & Palmer, Newfoundland & Labrador, August 19, 2020 – In this case, the plaintiff suffered injuries when she struck a pedestrian worker and his employer’s vehicle. The plaintiff and her husband sued the employer for damages respecting her injuries and the property damage to their vehicle. The pedestrian defendant subsequently sued the plaintiff for damages for his injuries. The defendant’s employer settled the plaintiff’s...
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Cox & Palmer, Newfoundland & Labrador, August 19, 2020 – On July 24, 2020, the Supreme Court of Canada released its decision in Atlantic Lottery Corp. Inc. v. Babstock, 2020 SCC 19. The Court allowed the appeals, and struck the plaintiffs’ claims on the basis that they disclosed no reasonable cause of action. Background Atlantic Lottery Corporation (“ALC”), which is constituted by the four Atlantic...
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Stein Monast, Quebec, July 23, 2020 – Although the progressive reopening of the courts has been underway since June 1, it’s safe to say that the impressive technological advancements that led us to being able to hold virtual hearings and examinations are here to stay. In fact, using technology to hold hearings and examinations is expected to become common practice during the...
