Tibbetts v Murphy, 2017 NSCA 35 In this decision, the Nova Scotia Court of Appeal determined that past CPP disability benefits remain deductible from a Plaintiff’s award for lost earning capacity. The plaintiff, Shirley Tibbetts, was injured following a motorcycle-vehicle collision in Antigonish County, Nova Scotia. At trial, it was held that past CPP disability...Read More

Shannon v. Canadian Medical Protective Association, 2017 NBCA 17 In a follow up to our February 2016 Newsletter, the New Brunswick Court of Appeal ruled on whether the Canadian Medical Protective Association (CMPA) has an obligation to indemnify a former physician for a civil claim for damages arising from a sexual assault. Most interesting was...Read More

J.I.L.M. Enterprises & Investments Limited v. INTACT Insurance, 2017 ONSC 357 This case stands as a warning to insurers who maintain a denial of insurance benefits on suspicion of arson after no persuasive evidence is led by police or other investigators proving this to be likely. Here, punitive damages were awarded in the context of...Read More