Publications

Cox & Palmer, New Brunswick, April 19, 2017 – Are payments offered through a conciliation process designed to make moral amends covered by commercial general liability (CGL) insurance?  Such was the novel issue considered by the New Brunswick Court of Queen’s Bench in L’Évêque Catholique Romain de Bathurst v. Aviva Insurance Company of Canada and Co-Operators General Insurance Company (intervenor), 2016 NBQB 174. Read More

Cox & Palmer, Newfoundland & Labrador, April 19, 2017 – Downer v Pitcher, 2017 NLCA 13 In this case, the Newfoundland and Labrador Court of Appeal considered the validity and enforceability of a full and final release involving two unrepresented individuals. Read More

Northpoint Legal, March 14, 2017 – Introduction Generally, the rules of civil procedure mandate broad disclosure during the discovery process. The “rationale behind a broad discovery process is that it advances the due administration of justice” and helps to narrow the scope of the dispute by disclosing all of the fundamental issues.1 Broad disclosure rules also serve to reduce surprise, “leading...

Donati Maisonneuve, Quebec, March 14, 2017 – Roy v. Québec (Attorney General), 2016 QCCS 5475 The plaintiff was accused of driving under the influence and being above the legal alcohol limit. Less than two months later, criminal charges were brought against him, but proceedings were stayed four years after the charges were laid. He then instituted legal action for damages against the...