Publications

Blaney McMurtry LLP, Ontario, April 23, 2019 – When an opposing party brings a motion to add an insured to existing litigation, the courts usually allows the party to be added, unless there are clear reasons not to do so, such as an expired limitation period. Consent is usually provided, as the threshold to add a party is low. Yet, recent developments show...

Cox & Palmer, Prince Edward Island, April 23, 2019 – In Fraser v. Runighan 2018 PESC 26, Chief Justice T. L. Clements of the Supreme Court of Prince Edward Island considered, for the first time on PEI, a motor vehicle accident plaintiff’s motion2 for an advance payment under Rules 20.10 – 20.12 (now Rule 22.1) of PEI’s Rules of Civil Procedure. Read more

Cox & Palmer, Newfoundland & Labrador, April 23, 2019 – In White v. Meiting, the Supreme Court of Newfoundland and Labrador denied a plaintiff’s application for an advance or periodic payment. In doing so, the court clarified the criteria which must be satisfied by a plaintiff who seeks an advance payment of special damages pursuant to Rule 44A of the Rules of the Supreme Court, 1986. It also...

CBM LLP, Alberta, March 22, 2019 – We have all heard the terms “solicitor-client privilege” and “litigation privilege”, but what they mean and how they are applied can get confused or twisted in practice. This article is an attempt to clarify these categories and provide a bit of a guide practically. So often when the topic of privilege arises, eyes will start...