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.

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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.

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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).

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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.

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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.

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Client Update: Atlantic Canada pension and benefits countdown to 2019

December 28, 2018

Level Chan and Dante Manna As 2018 comes to an end, we countdown some pension and employee benefits developments in the last year that we anticipate may lead to developments in 2019. Discrimination in benefits…

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Client Update: Canada’s Proposed Cannabis Edibles, Extracts and Topicals Regulations Revealed

December 21, 2018

Kevin Landry The first look at regulations for cannabis edibles, extracts and topicals has arrived. The Federal Government has opened a 60-day consultation period respecting the strict regulation of additional cannabis products. Notice of the consultation was accompanied…

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Client Update: Recent Supreme Court of Nova Scotia decision drives home the importance of credibility

December 20, 2018

Erin Best and Kara Harrington “This case is about pain, how it was caused, by what accident and the opinions of dueling experts.”¹ “In this case, like so many, the assessment of the evidence depends…

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Client Update: Land use planning in Prince Edward Island: the year in review

December 20, 2018

Jonathan Coady and Michael Fleischmann Overview Once again, the time has come to review the year that was and to chart the course for the year ahead. For municipalities, developers and planning professionals throughout Prince…

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Client Update: Nova Scotia Labour Standard Code changes – domestic violence leave & pregnancy / parental eligibility

December 14, 2018

Following the various Stakeholder Consultations (which Stewart McKelvey participated in on behalf of Nova Scotia Employers), the Government has changed the Labour Standards Code Regulations effective January 1, 2019 to: a) provide for up to…

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Client Update: Coming to Canada? You may need biometrics / Mise à Jour : Vous pensez bientôt venir au Canada? Vous pourriez avoir besoin de fournir vos données biométriques

December 6, 2018

Version française à suivre Sara Espinal Henao Canada has expanded its permanent and temporary immigration requirements to include biometrics – the measurement of unique physical characteristics, such as fingerprints and facial features. The new requirements,…

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Proposed Changes to IP Law: Will they impact your business?

December 3, 2018

Many businesses rely on trade-mark, copyright, and patent law for the protection of their intellectual property (IP). The Federal Government recently proposed changes to IP laws, which may impact your business. Bill C-86, Budget Implementation Act,…

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Client Update: Supreme Court of Canada rules against Canada Revenue Agency in GST/HST deemed trust case

November 27, 2018

Julia Parent and David Wedlake (special thanks to Graham Haynes for his assistance) In a rare decision from the bench, the Supreme Court of Canada (“SCC”) allowed the appeal of Callidus Capital Corporation in the matter…

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Client Update: 12 tips for the company holiday party

November 23, 2018

Mark Tector and Killian McParland ‘Tis again the season for the company holiday party. And while the party planners are starting to break out the eggnog, there are some lessons learned from seasons past to…

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Client Update: Who is a constructor?

November 16, 2018

Mark Tector and Richard Jordan The Nova Scotia Occupational Health and Safety Act (the “Act”) provides that “contractors” and “constructors” have similar, but not identical, responsibilities, with a “Constructor” having greater authority and more responsibility for the health and…

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