Publications

Cox & Palmer, New Brunswick, February 16, 2017 – As of January 1, 2017, Rule 22 of the New Brunswick Rules of Court for ‘Summary Judgment’ was repealed and replaced. Rule 22 for Summary Judgment has now been transformed from a means to weed out unmeritorious claims to a significant alternative model of adjudication. When faced with a lawsuit, a Summary Judgment Motion is...

Cox & Palmer, Newfoundland & Labrador, February 16, 2017 – Unifund Assurance Company v Churchill, 2016 NLCA 73 In this case, the Newfoundland & Labrador Court of Appeal considered the scope of the implied undertaking rule in circumstance involving an independent medical examination. Churchill, who was injured in a motor vehicle accident, commenced a tort claim against the other driver. He also claimed, and initially...

Donati Maisonneuve, Quebec, January 20, 2017 – Maison Jean-Yves Lemay Assurances Inc. v. Bar et spectacles Jules et Jim Inc. 2016 QCCA 1494 The Court of Appeal was recently asked to rule on the obligations and responsibilities of brokers and appraisers in the context of a damage insurance policy renewal and following, among other faults, a mistake in the valuation of the...

Donati Maisonneuve, Quebec, January 20, 2017 – Ledcor Construction Ltd. v. Société d’assurance d’indemnisation Northbridge, 2016 SCC 37 Station Lands Ltd. (“Station Lands”), the owner of an office building that was recently constructed in Edmonton, and Ledcor Construction Limited (“Ledcor”), the general contractor responsible for erecting the building (collectively, the “Insureds”), are appealing a judgment by the Alberta Court of Appeal where...