Publications

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

Kelly Santini LLP, Ontario, January 21, 2019 – In the province of Ontario, anyone injured in an automobile accident has two avenues for compensation: they can sue the “at-fault” driver in a civil tort action, or they can apply for Statutory Accident Benefits (“SABs”), which are the mandatory automobile insurance “no fault” benefits. While these two forms of compensation are independent of one...

McKercher LLP, Saskatchewan, January 21, 2019 – When Mr. Lawrence Moore died, he left behind a messy legal issue for his surviving spouse and ex-wife to deal with: Who gets the life insurance proceeds? This legal dispute made its way to the Supreme Court of Canada, which took this opportunity to review the law regarding unjust enrichment in its decision in Moore v...

Kelly Santini LLP, Ontario, January 21, 2019 – Kelly Santini’s Shawn O’Connor brought a successful motion before the Ontario Superior Court to have a claim against a leasing company dismissed by summary judgment.  The plaintiff brought the claim after he was injured by a snapped cable on the used tow truck that he financed through a lease. Read More