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Searching Content indexed under Insurance Laws and Products by McInnes Cooper ordered by Published Date Descending.
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Future-Focused: N.S. Appeal Court Confirms Future CPP Disability Benefits Are Deductible From Future Income Loss Awards In MVA Claims In Holland v. Sparks
On January 18, 2019, the Nova Scotia Court of Appeal rendered its unanimous (5-0) decision in Holland v. Sparks, overturning a motion decision that carried significant consequences for the calculation of future income loss awards in Nova Scotia.
Canada
24 Jan 2019
2
N.S. Court Decides Future Wage Loss Calculated On Gross – Not Net – Basis In MacDonald v. MacVicar
On October 24, 2018, the N.S. Supreme Court issued Supplemental Reasons explaining why it decided that future income loss under section 113BA(1) of the N.S. Insurance Act, RSNS 1989, c. 231 must be calculated on a gross, and not a net, basis.
Canada
26 Oct 2018
3
N.S. Court Of Appeal Offers 5 Key Insights Into The New N.S. Limitations Act's Saving Provision In Barry v. Halifax (Regional Municipality)
On October 11, 2018, the Nova Scotia Court of Appeal released its first decision considering the saving provision in Section 12 of Nova Scotia's new Limitations of Actions Act.
Canada
16 Oct 2018
4
A N.S. First: Extended Earning-Replacement Benefits Are Deductible From N.S. Section B Weekly Income Replacement Benefits In Mclean v. Portage La Prairie Mutual Insurance Company
On May 8, 2018, for the first time, the Nova Scotia Supreme Court has ruled on the deductibility of Workers' Compensation Board EERBs from weekly income replacement benefits available under Section B...
Canada
16 May 2018
5
Watching Your Claims Go Up In Smoke? Five Key Medical Cannabis Cost Of Care Considerations
Insurers facing cost of care claims should also consider the possible upsides to medical cannabis if not now, then down the road.
Canada
17 Jul 2017
6
Supreme Court Of Canada Puts Insurers On Notice In Saadati v. Moorhead: Proof Of A Recognized Psychiatric Injury Is Not A Precondition To Recovery
On June 2, 2017, the Supreme Court of Canada decided that where a plaintiff advances a claim for negligently caused psychological or psychiatric injury, it is generally sufficient the pleadings allege...
Canada
6 Jun 2017
7
Are Future CPP Disability Benefits Deductible? N.S. Court Of Appeal Says Yes In Motor Vehicle Accident Claims In Tibbetts v. Murphy
On May 2, 2017, the N.S. Court of Appeal decided another case involving the deductibility of CPP disability benefits – but this time, in the context of a tort claim.
Canada
4 May 2017
8
Estate Planning In The Age Of Assisted Dying
In three years (lightning speed in the law), medically assisted dying went from being illegal to being legal. A great deal has changed, a great deal will still change, and a great deal of uncertainty...
Canada
2 May 2017
9
It's Settled: SCC Says Future CPP Disability Benefits Are Not Deductible Under SEF 44 Endorsement In Sabean v. Portage La Prairie Mutual Insurance Co.
On January 27, 2017, the Supreme Court of Canada decided in Sabean v. Portage La Prairie Mutual Insurance Co. that future CPP disability benefits are not deductible from coverage afforded by an SEF 44 Endorsement.
Canada
1 Feb 2017
10
Supreme Court Of Canada Gives A Lesson In Insurance Contract Interpretation In Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co.
On September 15, 2016, the Supreme Court of Canada decided certain damage to a building under construction was covered under the relevant builders' risk policy in a decision that's particularly relevant to builder's risk insurers.
Canada
23 Sep 2016
11
Limitation Periods: Avoiding Hitting The Reset Button In Tuck v. Supreme Holdings
The Newfoundland and Labrador Court of Appeal recently affirmed the test for confirming a cause of action and thus resetting a limitation period under the NL Limitations Act.
Canada
18 Aug 2016
12
Realtor Risk Management: 10 Practical Tips To Help Realtors Manage Litigation Risk
Obtaining and communicating information is one of the realtor's key objectives because it allows the realtor to protect her client's interests.
Canada
21 Jun 2016
13
PEI Amends Insurance Act’s Schedule B And Cap Provisions
The amendments to the PE Insurance Act are expected to apply to all motor vehicle accidents occurring after October 1, 2014.
Canada
6 Nov 2014
14
Canada
6 Nov 2014
15
NS Proposes New Limitation Of Actions Act – The Top 3 Benefits & The 10 Key Changes
On October 29, 2014, the NS Government introduced Bill 64. When passed into law, Bill 64 will replace the current NS Limitation of Actions Act.
Canada
6 Nov 2014
16
Court Voids Testamentary Bequest To Neo-Nazi Group As Against Public Policy – What About Life Insurance Bequests?
The decision makes it clear that there are limits to both what a person can leave her money for and to whom she leaves it.
Canada
10 Oct 2014
17
What’s In The Pipe? Municipal Liability For Flood And Sewage Back-Up Claims
April showers bring … flood and sewage back-up claims.
Canada
6 Oct 2014
18
Legal Update: PE Amends Insurance Act’s Schedule B And Cap Provisions
The amendments to the PE Insurance Act are expected to apply to all motor vehicle accidents occurring after October 1, 2014.
Canada
16 Sep 2014
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