RSSCategory Archives: Important Court Decisions
Court Rules that Defendant Must Pay Interest on Litigation Expenses
March 25, 2010 – 9:00 am
In Milne v. Clarke, [2010] BCSC 317, the Supreme Court Judge ordered the Defendant to pay interest on expenses incurred by the plaintiff's lawyer in pursing the personal injury litigation.This was a claim for personal injuries arising out of a motor vehicle accident. The injured person's lawyer had paid for litigation expenses (in this case two MRIs) using a loan from third party provider. At the time of… Continue reading
Facebook and Motor Vehicle Accident Injury Claims
January 24, 2010 – 4:51 pm
In 2009 social networking websites, such as Facebook and MySpace, rose to prominence in motor vehicle accident injury litigation. In an earlier post, I discussed Leduc v. Roman, which was the first Canadian court decision to require an injured person to disclose information and photographs from his "private" Facebook account. Since that time, there have been two… Continue reading
Supreme Court of Canada Slams Door on Minor Injury Cap Challenges
December 17, 2009 – 3:07 pm
What a difference a day makes. Yesterday I was making predictions that it would take 5-18 months to get a final decision on Nova Scotia's $2500 Cap. Well, the Supreme Court of Canada made the decision, and it only took one day! It appears the court challenge to Nova Scotia's $2500 Cap has hit the… Continue reading
Walji v. Boudreau: Judge Declines Advance Payment in Car Accident Case
November 30, 2009 – 7:51 pm
In Walji v. Boudreau, Justice Wright of the Supreme Court of Nova Scotia declined the injured person's request for an advance payment of compensation in a rear-end car accident injury case. While the judge ruled that the Defendant was liable to pay some amount of compensation to the injured person, he declined to order advance payment of compensation because the case was too complicated -- the applicant had… Continue reading
HRM v. Nicholson: Court of Appeal Applies Limitation Period to Motorcycle Accident Injury Claim
November 5, 2009 – 7:53 pm
In Halifax Regional Municipality v. Nicholson, the Nova Scotia Court of Appeal recently enforced the limitation period in a personal injury case involving a motorcycle accident. This decision is interesting because those who are familiar with limitation deadlines in Nova Scotia know that it is rare for the Court to enforce a missed limitation deadline, as long as the claim is still within the 4-year grace period allowed… Continue reading
David Brannen is a personal injury lawyer from Halifax, Nova Scotia who practices exclusively in the areas of personal injury and insurance cases. 
