Category Archives: Important Court Decisions

Supreme Court of Canada Declines to Hear Nova Scotia’s $2,500 Cap Case

May 27, 2010 – 12:13 pm
End of the RoadAfter almost five years  -- the court challenge to Nova Scotia's $2,500 Cap on Minor Injuries is now officially over.  Earlier this morning the Supreme Court of Canada dismissed the application for leave to appeal the Hartling Case. An appeal to the Supreme Court of Canada was the last legal option open to… Continue reading
By David Brannen | Also posted in $2500 Minor Injury Cap | Tagged , , , , | Comments (0)

Hartling $2,500 Cap Appeal: Supreme Court of Canada to Release Decision Tomorrow

May 26, 2010 – 10:52 am
SCC2I just received word that the Supreme Court of Canada is set to release its decision on the leave to appeal application for the Nova Scotia $2,500 Cap Case -- Hartling v. Nova Scotia. If the court refuses to grant leave to appeal, then this is the end of the road for the court challenge to Nova Scotia's $2500 Cap. On the… Continue reading
By David Brannen | Also posted in $2500 Minor Injury Cap | Tagged , , , , , | Comments (0)

NS Court of Appeal Affirms Punitive Damages Against Insurance Company

May 19, 2010 – 8:31 am
When you buy insurance, part of the agreement in the policy is that both you and the insurer will act in good faith. This means that you as the policy-holder will be truthful in giving information to the insurance company so it can properly assess its risk, and it means that the insurance company must investigate and process any claims fairly and in good faith. If an insurance company does not handle a… Continue reading
By David Brannen | Tagged , , , , | Comments (0)

Nova Scotia Injury Lawsuit: What is the Worst Case Scenario if I Lose?

May 15, 2010 – 11:48 am
Broken bankPeople often ask me what is the worst case scenario for pursuing a personal injury lawsuit. The absolute worst case scenario is that you turn down an "official offer of settlement" from the other side, go to trial, and lose. In Nova Scotia all lawsuits, including personal injury cases, fall under the Nova Scotia Civil Procedure Rules. These Rules state… Continue reading
By David Brannen | Also posted in Understanding the Claims Process | Tagged , , | Comments (1)

The $2,500 Cap Strikes Back: The Devil is in the Details

April 25, 2010 – 9:32 pm
1Nova Scotia now have a second court decision imposing the $2,500 Cap to a person's injury claim. In Gillis v. MacKeigan, [2010] NSSC 109 a judge imposed the $2,500 on a person's claim by issuing an addendum to his earlier court decision (Gillis v. MacKeigan, [2010] NSSC 22) released on January 25, 2010. In the January decision, the judge awarded… Continue reading
By David Brannen | Also posted in $2500 Minor Injury Cap, Chronic Pain Injury Claims | Tagged , , , , | Comments (0)