Skip to content

Atlantic Insurance Counsel – Winter 2014

PEI Auto Accident Benefits – Behind the Times No More

Nicole McKenna and Janet Clark

Significant changes are coming to the standard automobile policy in Prince Edward Island (“PEI”), including increases to the accident benefits available under Section B and an increase to the so-called “cap” for minor personal injury.

In the fall 2013 sitting of the provincial legislature, the government introduced a bill that would make significant changes to PEI’s accident benefits, cap and definition of “minor personal injury”, with some of these changes being consistent with what has been done in Nova Scotia and others being consistent with prior changes in New Brunswick.

Read more


Section D Denied: The Tucker Cases

Matthew N. Craig

In September 2012, the Supreme Court of Newfoundland and Labrador released two concurrent decisions related to a collision between a pedestrian on a crosswalk and an unknown vehicle. The first decision, Tucker v. Unknown Person, dismissed the plaintiff’s application to add his own automobile insurer as a defendant to the action. In the second decision, Tucker v. AXA Insurance, the Court dismissed Tucker’s direct action against his own automobile insurer for Section D policy benefits as the limitation period had expired.

Read more


Trial by Jury when defending an Action by the Crown

Ian Breneman 

Most Canadian provinces have specific legislation dealing with procedural requirements that must be followed when bringing lawsuits against the Crown. In Nova Scotia, that legislation is the Proceedings Against the Crown Act (“PACA”). Exactly what constitutes a “proceeding against the Crown” is broad, and includes claims made by set-off or counterclaim. Even where the Crown initiates a lawsuit, PACA will apply if the defendant countersues or defends on the basis that it owes the Crown less due to a set-off (i.e. because the Crown owes the defendant something as well).

Read more


The Jury Knows Best

Of late, juries in Nova Scotia have taken quite a beating. Over the past couple of years, courts have been more and more likely to strike jury notices on the basis that the issues are too complex for the average citizen. Despite the view that juries are simply not as equipped to handle complex legal claims as a judge, recent experience with a jury trial proved otherwise.

Read more


The ABCs of Damage Apportionment

Sydney Blackmore

Oftentimes, litigation involves multiple tortfeasors. The apportionment of damages between multiple tortfeasors relies on the degree of fault attributable to each of the defendants.

This article will outline the necessary steps and considerations that arise during apportionment calculations.

Read more

SHARE

Archive

Search Archive


 
 

Recognizing subtle discrimination in the workplace: insights from recent legal cases

March 4, 2024

By Sheila Mecking and Michiko Gartshore Subtle discrimination can have a much stronger and longer effect on employees when not properly addressed. It can also result in costly consequences for an employer who does not…

Read More

Immediate changes to travel eligibility for citizens of Mexico

February 29, 2024

By Brittany Trafford and Brendan Sheridan Today Immigration, Refugees and Citizenship Canada (“IRCC”) has announced significant changes to the travel requirements for Mexican citizens. As of February 29, 2024 at 11:30p.m. Eastern Time, all electronic…

Read More

Updated guidance on business reporting obligations under Canada’s supply chain transparency legislation

February 23, 2024

By Christine Pound, ICD.D., Twila Reid, ICD.D., Sarah Dever Letson, CIPP/C, Hilary Newman and Daniel Roth Introduction As we reported on November 30, 2023, the Fighting Against Forced Labour and Child Labour in Supply Chains…

Read More

Trustees beware! New trust reporting and disclosure requirements under the Income Tax Act are here – are you ready for them?

February 21, 2024

By Richard Niedermayer, K.C., TEP  & Rackelle Awad New trust disclosure rules originally announced on February 27, 2018, are now in force, and trusts with taxation years ending on or after December 31, 2023 are…

Read More

Proposed Criminal Interest Rate Regulations: exemptions to the lower criminal interest rate

February 14, 2024

By David Wedlake and Andrew Paul In late December 2023, the Federal Government issued draft Criminal Interest Rate Regulations under the Criminal Code. These proposed regulations follow the Budget Implementation Act, 2023, No. 1 which…

Read More

Outlook for 2024 Proxy Season

February 9, 2024

By Andrew Burke, Colleen Keyes, Gavin Stuttard, David Slipp and Logan Walters With proxy season on the horizon, many public companies are once again preparing their annual disclosure documents and shareholder materials for their annual…

Read More

Significant changes announced for new study permit applications

February 6, 2024

By Brendan Sheridan and Tiegan Scott The Government of Canada recently announced further changes to the international student program that not only limits the number of new study permit applicants per year, but also increases…

Read More

Plans of arrangement come to Newfoundland and Labrador

January 30, 2024

By Tauna Staniland, K.C., ICD.D, Joe Thorne, and Nadine Otten What can you do when your corporation wants to complete a complex transaction requiring significant corporate restructuring that cannot be easily completed under the corporation’s…

Read More

Energy Watch

January 29, 2024

Stewart McKelvey is pleased to present Energy Watch – a review of key legislative and policy advancements in the renewable energy sector in 2023 in each of Newfoundland and Labrador, Nova Scotia and New Brunswick…

Read More

Beyond the border: A year end immigration wrap-up

December 21, 2023

We are pleased to present Beyond the border: A year end immigration wrap-up. Compiled by Lawyers from our Immigration team, this 2023 update covers topics including the Government of Canada’s ambitious immigration plans for the future;…

Read More

Search Archive


Scroll To Top