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case3 09 09 2026 09 00 09 780
09
Sep

Nova Scotia Court of Appeal confirms that only one Fatal Accidents claim can be made per deceased

Gabriel v. Dimichele, 2026 NSCA 58 Reading Time: 4 minutes (approx.) By: Sarah Richard In this case, the Nova Scotia Court of Appeal considered whether multiple people could bring separate claims under the Fatal Injuries Act arising from the same deaths. The case arose from a serious motor vehicle collision on October 21, 2023, which...
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case2 09 09 2026 09 00 09 604
09
Sep

BCCA Finds No Error in Judge’s Refusal to Dismiss Action Against Insurer for Delay

HUB International Canada West ULC v. Forgotten Treasures International Inc., 2026 BCCA 230  Reading time: 4 minutes (approx.) By: Hayley Gardner This matter arose from the denial of an insurance claim for allegedly stolen sculptures. Forgotten Treasures International Inc. had commenced an action against its insurance provider, Lloyd’s Underwriters, and its insurance broker, HUB International,...
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case1 09 09 2026 09 00 09 890
09
Sep

New Brunswick Court of Appeal Provides Guidance to Insurers on Proof of Loss Requirements and Pre-Trial Policy Determinations

Bernard v. The Personal Insurance Company, 2026 NBCA 94 (CanLII) Reading Time: 4 minutes (approx.) By: Fiona Costello Denise Bernard’s home was damaged by fire in May 2023. She was insured under a homeowner’s policy issued by The Personal Insurance Company (“The Personal”). Section 127 of New Brunswick’s Insurance Act requires every fire insurance policy...
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case3 (1)
04
Aug

City of Campbellton Successfully Relies on Statutory Notice Requirement to Dismiss Slip-and-Fall Action

Girard v Campbellton (City), 2026 NBKB 136 (CanLII) Reading Time: 4 minutes (approx.) By: Fiona Costello The Plaintiff, Armand Girard, commenced an action against the City of Campbellton following an alleged slip and fall while ascending the stairs to the Memorial Civic Centre on February 25, 2022. He claimed the City was negligent in failing...
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case2 (1)
04
Aug

Ontario Court of Appeal Outlines the Requirements of Causation Analysis in Denial of Coverage Scenarios

Ontario Court of Appeal Outlines the Requirements of Causation Analysis in Denial of Coverage Scenarios Green Rise Foods Inc. v. N.V. Hagelunie, 2026 ONCA 334 Reading time: 5 minutes (approx.) By: Hayley Gardner Green Rise Foods Inc., the Plaintiff / Appellant in this action, is an agricultural company that grows greenhouse tomatoes. After purchasing a...
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case1 (1)
04
Aug

The Ontario Court of Appeal Clarifies the Limits of the Two-Year Incontestability Rule

Trebell v. Canada Life Assurance Company, 2026 ONCA 481 Reading time: 4 minutes (approx.) By: Sarah Richard The case began when Elizabeth Trebell applied for a life insurance policy with Canada Life. Before the policy was delivered, her health was alleged to have changed. Even so, Canada Life issued the policy and accepted premium payments...
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69
02
Jul

New Brunswick Court of King’s Bench Examines the Responsibility of Pedestrians to Exercise due Care in Personal Injury Case

Sabneet Kaur v. Alexandre LeBlanc, 2026 NBKB 041 Reading Time: 3 minutes (approx.) By: Krista Nasartschuk The New Brunswick Court of King’s Bench recently considered the statutory provisions and common law principles governing the level of care and responsibilities of motorists and pedestrians in the context of a personal injury case which occurred in Dieppe,...
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68
02
Jul

New Brunswick Court Confirms Insurer Authority to Set Reasonable Kilometric Allowances under Section B

Prestidge v. Definity Insurance Company, 2026 NBCA 49 Reading time: 3 minutes (approx.) By: Sarah Richard This case is an appeal of the New Brunswick Court of King’s Bench’s 2025 decision, which we previously covered in our October 2025 newsletter (see here). At the Court of King’s Bench, an application was filed seeking $0.57 per...
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67
02
Jul

Amendments to NB’s Rules of Court Present Major Changes for Costs Awards

Reading time: 4 minutes (approx.) By: Hayley Gardner On June 9, 2026, the Legislative Assembly of New Brunswick introduced significant amendments to Rule 59 of New Brunswick’s Rules of Court. Rule 59 pertains to the award and calculation of costs following the resolution of legal proceedings in the province. These amendments represent a long-awaited modernization...
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