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case3 05 10 2026 10 59 07 977
06
Oct

PEI Supreme Court Judge Scrutinizes Contingency Fee Agreement Practices in that Province, Calls for Updates to Rules of Civil Procedure and Proactive Prothonotary Role

MacCallum as Litigation Guardian for Autumn MacCallum and Sierra MacCallum v Edwin Jos, 2026 PESC 20 Reading Time: 6 minutes (approx.) By: Krista Nasartschuk A recent motion before the Supreme Court of Prince Edward Island afforded Justice John K. Mitchell the opportunity to examine the use of contingency fee agreements (CFAs) by law firms in...
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case2 05 10 2026 10 59 07 995
06
Oct

Nova Scotia Supreme Court Addresses the Impact of Somatization on Causation and Damages

Morgan v. McCarthy, 2026 NSSC 248 Reading Time: 3 minutes (approx.) By: Fiona Costello Madison Morgan claimed over $4 million following a 2018 low-speed rear-end collision, alleging disabling chronic pain, headaches, fatigue and cognitive impairment. The Nova Scotia Supreme Court ultimately awarded $211,324.80. The Court found that the Plaintiff had pre-existing fibromyalgia, central sensitization and...
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case1 05 10 2026 10 59 07 979
06
Oct

Supreme Court of PEI Dismisses Medical Negligence Claim, Finding Surgeon Met the Standard of Care and Obtained Informed Consent

Clarey v. Gillis, 2026 PESC 15 Reading Time: 4 minutes (approx.) By: Sarah Richard The Supreme Court of Prince Edward Island considered a medical negligence claim arising from complications following bowel surgery. The plaintiff underwent a colonoscopy during which a large, pre-cancerous polyp was identified. Because of the size and location of the polyp, the...
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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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