Publications

Northpoint Legal, September 20, 2019 – In two recent decisions of the British Columbia Court of Appeal, the Court has reversed the trend in awarding special costs against an insurer which unsuccessfully contests a duty to defend, choosing to not follow The Ontario and Newfoundland courts of Appeal, setting the stage for forum shopping by litigants in coverage disputes and a...

Cox & Palmer, New Brunswick, Newfoundland & Labrador, Nova Scotia, Prince Edward Island, June 25, 2019 – As a result of the Cannabis Act, cannabis was legalized on October 17, 2018. Prior to that, cannabis was regulated under the Controlled Drugs and Substances Act. There was, however, a legal exemption for the medical use of cannabis. Despite the recent legalization of cannabis, a framework for access to cannabis for medical purposes still...

Donati Maisonneuve, Quebec, June 25, 2019 – Dupras v. Municipalité de Ripon, 2019 QCCQ 714 – Ms. Ginette Dupras (“Ms. Dupras” or “the Plaintiff”) claimed $15,000 from the municipality of Ripon (the “municipality,” “Ripon” or “the Defendant”) following an accident that occurred on a hill the municipality had set up for the purpose of sledding. Key issues of contention involved determining whether the municipality...

Donati Maisonneuve, Quebec, June 25, 2019 – D.C. v. Ivari, 2019 QCCA 496 – Claim by the appealing party, D.C. (“Appellant” or “D.C.”), for leave to appeal following a decision rendered during the proceedings on January 31, 2019, by the Superior Court, having denied its application for dismissal and declaration of abuse. The Facts Seven years after the disappearance of her husband, H.I., D.C....