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Cox & Palmer, Nova Scotia, March 22, 2019 – A recent Nova Scotia Supreme Court case, Gale v Purcell, 2018 NSSC 319, demonstrates how the credibility of a plaintiff can play a central role in assessing causation in a motor vehicle accident. On September 19, 2006, the Plaintiff, Angela Marie Gale (“Gale”) sustained injuries in a motor vehicle accident (“2006 MVA”). On March 23, 2010, Gale...
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SVR Lawyers, Alberta, February 20, 2019 – Civil Practice Note No. 7 – Vexatious Application/Proceeding Show Cause Procedure (General Powers to Stay or Dismiss a Frivolous, Vexatious, or Abusive Application or Proceeding) The number of self-represented litigants (“SRLs”) is on the rise in Canada. Data collected by the National Self-Represented Litigants Project in 2017 indicates that approximately 70% of SRLs are plaintiffs...
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Articles
Discovered damage: Bylaw coverage and the principles in Roth v Economical Mutual Insurance Co.
McKercher LLP, Saskatchewan, February 20, 2019 – Prospective property owners are often drawn to older buildings for their charming facades or classic architectural features. Those same owners are likely aware that their charming old buildings were not built to current building code or bylaw standards. For that reason, savvy property owners will often choose to purchase bylaw insurance coverage. Read More -
Cox & Palmer, Nova Scotia, February 20, 2019 – The Nova Scotia Court of Appeal overturned a motion decision in Sparks v Holland, 2019 NSCA 3 (“Sparks”), holding that Canadian Pension Program (“CPP”) disability payments are deductible from future loss of income and earning capacity. Read More