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
Rick Dunlop and Kevin Landry The Federal government has released a new report titled: Proposed Approach to the Regulation of Cannabis: Summary of Comments Received During the Public Consultation (the “new report”) which outlines the…
Read MoreSean Kelly and Michelle Black Employers across Canada are facing a series of recently-announced plans for substantial minimum wage hikes in several provinces. Notably, Ontario, Alberta and British Columbia have all committed to raising their minimum…
Read MoreWe are pleased to present the second issue of Discovery, our very own legal publication targeted to educational institutions in Atlantic Canada. In this issue, our lawyers discuss student associations, sports-related concussions, freedom of expression,…
Read MoreIn preparing for the 2018 proxy season, you should be aware of some regulatory changes and institutional investor guidance that may impact disclosure to, and interactions with, your shareholders. This update highlights what is new…
Read MoreBrian Tabor, QC and Simon McCormick In May 2012, the Nova Scotia Legislature passed the Mortgage Regulation Act (“MRA”). The MRA has not yet come into force, but, when it does, it will replace the…
Read MoreThe Legislative Services Branch of the Province of New Brunswick has announced in issue 40 of the Law Reform Note, available online, its intention to reform the Mechanics’ Lien Act. The Note draws on similar…
Read MoreJonathan Coady and Chenchen Yu 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 Edward…
Read MorePerlene Morrison and Hilary Newman On October 11, 2017, the Chief Judge of the Provincial Court of Prince Edward Island gave her decision in R v. Community of Brackley. The Community of Brackley (the “Municipality”) was…
Read MoreIan Wallace The Occupational Health and Safety (“OHS”) legislation in Atlantic Canada and across the country recognizes the internal responsibility system. Everyone in the workplace is responsible for their own safety and the safety of…
Read MoreRick Dunlop, Kevin Landry and Justin Song Following October’s public consultation, which resulted in over 31,000 responses, Nova Scotia has revealed the first hints of its cannabis regulatory regime. While Nova Scotia’s proposed provincial legislation…
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