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Results:1-10 of 16

Knowing your limitations: a new NS case on limitation periods
  • Stewart McKelvey
  • Canada
  • August 17 2017

The recent Nova Scotia Supreme Court decision in Dyack v Lincoln is a nice case study on how to work through a limitations issue. It


How much is too much?: Disclosure in multiple accident litigation in English v House, 2017 NLTD(G) 93
  • Stewart McKelvey
  • Canada
  • June 14 2017

How far can an insurer dig into the Plaintiff’s history to defend a claim? And how much information is an insurer entitled to have in order to do so


Mental injury? Expert diagnosis not required
  • Stewart McKelvey
  • Canada
  • June 12 2017

On June 2, 2017 the Supreme Court of Canada released its decision in Saadati v. Moorhead, 2017 SCC 28, clarifying the evidence needed to establish


CPP disability benefits are deductible from awards for loss of earning capacity and loss of income in MVA claims
  • Stewart McKelvey
  • Canada
  • May 4 2017

On May 2, 2017, the Nova Scotia Court of Appeal issued a significant decision in Tibbetts v. Murphy, 2017 NSCA 35, on the proper interpretation of s


Damages for minor injuries in Nova Scotia: a new case on the new cap
  • Stewart McKelvey
  • Canada
  • April 20 2017

Damages for pain and suffering are capped for Nova Scotians who are injured in motor vehicle accidents if their injuries are considered “minor.” The


Municipality liable for failing to ensure visitor was reasonably safe in Municipal Public Park
  • Stewart McKelvey
  • Canada
  • April 19 2017

The Supreme Court of Canada recently declined to hear an appeal from the Ontario Court of Appeal decision in Campbell v Bruce (County), 2016 ONCA 371


Sometimes a bad deal is just a bad deal: unconscionability and insurance claim settlements in Downer v Pitcher, 2017 NLCA 13
  • Stewart McKelvey
  • Canada
  • March 16 2017

The doctrine of unconscionability is an equitable remedy available in exceptional circumstances where a bargain between parties, be it a settlement


Plaintiffs' medical reports - disclosure obligations in Unifund Assurance Company v. Churchill, 2016 NLCA 73
  • Stewart McKelvey
  • Canada
  • January 10 2017

In Unifund Assurance Company v Churchill, the Newfoundland and Labrador Court of Appeal considered the application of our rules of court and the


Westerhof v Gee Estate: more “expert” influence from Ontario
  • Stewart McKelvey
  • Canada
  • April 2 2015

When is an expert not really an expert? No, it’s not a riddle, but a question that the Court of Appeal for Ontario wrestled with in Westerhof v Gee


Personal injury claims and the Nova Scotia Limitation of Actions Act: everything old is new again?
  • Stewart McKelvey
  • Canada
  • December 16 2014

Nova Scotia's new Limitation of Actions Act, SNS 2014, c 35 received Royal Assent on November 20, 2014, but has not yet been proclaimed into force