Publications

Blaney McMurtry LLP, Ontario, May 27, 2019 – While there is growing acceptance within the Canadian insurance market of the need for cyber-insurance, knowledge and understanding of third party risks remain limited. This article reviews relevant decisions to date and discusses causes of action and associated hurdles, as well as the increased importance of “nominal damages” in the context of data/privacy breach class...

Cox & Palmer, New Brunswick, May 27, 2019 – The recent decision of the New Brunswick Court of Appeal in Higgins v. Arseneau, 2019 NBCA 21, will be of interest for anyone involved with fatality claims in New Brunswick. The Court upheld the trial decision dismissing a claim brought on behalf of siblings for loss of inheritance arising out of the accidental death of their sister, Caroline Higgins.  The Court...

Cox & Palmer, Prince Edward Island, May 27, 2019 – The recent decision of McKenna v Stewart sheds light on how courts interpret the impact of amendments that are made outside of the limits provided by the Statute of Limitations2, and that potentially raise a new cause of action. On Prince Edward Island, there is a two year limitation period for a claim arising out of a motor vehicle...

Cox & Palmer, Newfoundland & Labrador, May 27, 2019 – In Temple v. Aviva Insurance Company of Canada, the Supreme Court of Newfoundland and Labrador determined that the plaintiff, a seasonal worker, was not employed at the date of the motor vehicle accident. As a result, he did not qualify for loss of income payments under Section B of Newfoundland and Labrador’s standard automobile insurance policy. In...