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.
Section D Denied: The Tucker Cases
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.
Trial by Jury when defending an Action by the Crown
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).
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.
The ABCs of Damage Apportionment
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.
Archive
Stewart McKelvey is pleased to announce the creation of Discovery: Atlantic Education and the Law, a publication specifically designed for universities and colleges. We know it is not always easy for institutions in Atlantic Canada…
Read MoreRick Dunlop and Kevin Landry New Brunswick’s Final Report of the Select Committee on Cannabis was released September 1, 2017. The Committee was appointed by the Legislature of New Brunswick and was mandated to conduct…
Read MoreJennifer Taylor A child and her adoptive parents “found themselves caught up in a judge-made vortex of uncertainty and delay” when a judge made a “self-directed constitutional reference” instead of issuing an adoption order, prolonging…
Read MoreJennifer Taylor Introduction The recent Nova Scotia Supreme Court decision in Dyack v Lincoln is a nice case study on how to work through a limitations issue. It arrives almost two years after the “new”…
Read MoreBrian G. Johnston, QC While the concept of good faith is not new to employment law, its limits and implications remain uncertain. In a recent decision, Avalon Ford v Evans 2017 NLCA 9, the Newfoundland…
Read MoreLevel Chan and Dante Manna On August 9, 2017, the Nova Scotia Superintendent of Pensions announced temporary solvency relief for defined benefit pension plans available effective August 8, 2017. The changes allow pension plan sponsors…
Read MoreKevin Landry Edmonton wants “Cannabis Lounges”, Nova Scotia Landlords don’t want tenants to smoke marijuana in their rental homes, and Calgary City Council contemplates a private recreational cannabis system. The old adage of “Location. Location.…
Read MoreJon O’Kane and Jamie Watson Legal cannabis will have numerous implications for insurers. The federal Cannabis Act (discussed here), the provincial acts (discussed here) and the regulations (discussed here) are all going to add layers…
Read MoreVasu Sivapalan and Ben Whitney Legalized and regulated cannabis is on track to become a reality in Canada in just under a year (on or before July 1, 2018). This will create a number of…
Read MoreFurther to our Client Update on June 15 titled, “Requirement to register as a lobbyist in New Brunswick”, the deadline for initial registration under the Lobbyists’ Registration Act of New Brunswick has been extended from…
Read More