Nancy Murray, Q.C., named Best Lawyers ® 2016 Halifax Personal Injury Litigation “Lawyer of the Year”

Congratulations to Nancy Murray! C3 Legal is pleased to announce that Nancy Murray has been named the Best Lawyers® 2016 Halifax Personal Injury Litigation “Lawyer of the Year”. Nancy has also been selected by her peers in the legal community for inclusion in the 2016 edition of Best Lawyers in Canada© for Corporate and Commercial Litigation, Insurance Law, Personal Injury Litigation, and Product Liability Law. We are proud to have Nancy as a member of the C3 Legal team and delighted to se...
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Nova Scotia’s new Limitation of Actions Act becomes effective September 1

Nova Scotia’s new Limitation of Actions Act has been awaiting Proclamation since it received Royal Assent on November 20, 2014. The Government of Nova Scotia announced this week that the new Act will be proclaimed and come into effect on September 1, 2015. This will significantly change the civil litigation landscape in this province. A limitation period is the period of time between the date of a person’s injury, loss, or damage and the date after which he or she can no longer bring a claim....
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Litigation Privilege: “Do we really have to show them that?”

Hatch Ltd. v Factory Mutual Insurance Company, 2015 NSCA 60 A necessary part of the civil litigation process is the exchange of documents between parties, which normally occurs after all pleadings are filed. Privileged documents do not have to be produced. Privilege falls into two general categories—solicitor-client privilege and litigation privilege. Solicitor-client privilege is communication between clients and their lawyers for the purpose of obtaining legal advice. Solicitor-client pr...
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Take It To The Limit

The Nova Scotia Bar is anticipating proclamation of amendments to the Limitation of Actions Act, contained in Bill 64, although a date has not been announced and there are currently some further amendments to the final wording under contemplation. The main reform will be the implementation a basic two-year limitation period from the discovery of the cause of action with a 15-year ultimate cutoff from the time the incident occurred (with some exceptions, e.g. sexual abuse, aboriginal equitable...
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The Crowd

A recent Nova Scotia case caught the attention of the insurance community following a decision of the Nova Scotia Supreme Court in Garden View Restaurant v. The Portage La Prairie Mutual Insurance Co. The circumstances of the case are not particularly novel. An oil spill occurred at the Plaintiff’s property after a length of copper pipe was stolen from the heating oil system by vandals. The Defendant insurer denied coverage for remediation of the land under the building affected by the esc...
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CASE COMMENT: Moore v. Getahun, 2015 ONCA 55

The Ontario Court of Appeal’s recent decision in Moore v. Getahun has wide-ranging implications across Canada for all parties who engage experts. We anticipate the decision being followed in Nova Scotia. It holds that while impartiality of experts is of critical importance in litigation, this does not require a ban on communication between experts and the lawyers who retain them. In fact, lawyers play an important role in assisting experts to deliver a report that is intelligible and responsi...
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Does the front end know what the back end’s doing?

You probably won’t hear a lot of insurance defence lawyers saying this, but we have a lot in common with farmers. We tend to reap what we sow. We don’t do it for the glamour. And you might say that we get to see the back end of a lot of claims, as well as the “products of digestion” through the judicial system. Many times, we see files where unfortunate policy wordings, indifferent investigation, or stubborn resistance to obvious truths, have derailed the makings of a good defenc...
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C3 News: Press Release

C3 Legal is pleased to announce that Franco Tarulli has joined the firm. Franco has 18 years’ experience and has been admitted to the Bars of Alberta, New Brunswick and Nova Scotia. A seasoned trial lawyer, Franco speaks three languages and has appeared before numerous courts and tribunals. Franco will be a welcome addition to our insurance litigation practice and will complement our forward-thinking approach
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C3 Legal’s Nancy Murray named in “Best Lawyers in Canada 2015”

C3 Legal is delighted to announce that Nancy Murray has been selected by her peers in the legal community for inclusion in the 2015 edition of “Best Lawyers in Canada” for Corporate and Commercial Litigation, Insurance Law, Personal Injury Litigation, and Product Liability Law. We are proud to have Nancy as a colleague and glad to see her receive this richly-deserved recognition.
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Hold That Claim

The Small Claims Court of Nova Scotia recently had reason to consider the new s. 138A of the Insurance Act, which came in force on April 1, 2013. That section allows for direct compensation from an insured’s own insurer for property damage in a no-fault manner. In the case of MacCallum v. Gamache, the adjudicator held that the Claimant, who had sustained damage to her vehicle in a minor collision and who did not have collision insurance, could not simply pursue the Defendant but had to follo...
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