“Who The Heck Are You People, Anyway??”: A Note To Insureds

If you landed on this post because your insurer informed you that we have been appointed as your legal counsel, rest assured that you are not the first person to have questions about our role. Maybe you were in a car accident and someone has sued you, or maybe you had an oil spill at your home or business and now your insurance company is looking to recover money paid out to you from some other party. There are numerous situations that might trigger our involvement, and they all stem from you...
More

CASE COMMENT: 3008361 Nova Scotia Ltd. v. Scotia Recycling Ltd., 2013 NSSC 256

This recent Supreme Court of Nova Scotia decision, on a motion by the plaintiff, reinforces the principle that a party seeking production carries the onus of establishing relevance. The case involves a 2007 fire at the defendant’s premises. It so happened that, subsequent to moving to a new location, the defendant experienced another fire in 2009 at the new premises. The plaintiff in the action regarding the 2007 fire made a motion to obtain documents relating to the 2009 fire. In holding...
More

UPDATED CASE COMMENT: Ocean v. Economical Mutual Insurance Co.

UPDATE - Registrar’s motion for dismissal adjourned until October 31, 2013. In a written decision released on August 7, 2013, the Nova Scotia Court of Appeal has refused to set the issue of liability in this longstanding matter down for appeal. The self-represented appellant, Ms. Ocean, had earlier lost a Registrar’s motion in which she had sought to be exempted from the obligation to produce a transcript of the trial. This would appear to put this appeal at a standstill in a case that...
More

Subrogation – has nothing to do with subs, bros, or…gation?

News stories frequently surface which tug at readers’ heartstrings. Landlord sues tenant whose unattended candle burned the apartment down. Property owner sues estate of driver who was killed when his car ran into a cottage. Multinational corporation sues small-town local business for shoddy roof repairs. Often these stories are accompanied by descriptions of the dismay and consternation experienced by the defendant in these cases. While those of us in the insurance industry are nodding sa...
More

The barbarians at the legal gate

That is how the CEO of one of the UK’s new-model law firms was introduced at a recent conference. http://bit.ly/14shDt1 While it may be amusing to picture us at C3 Legal wielding pitchforks and cudgels, there is a grain of truth to the “radical departure from the norm” spectre. We have decided that at our firm, investing in technology will take priority over investing in high-rent real estate. We have decided that we will act exclusively for insurers. We have decided that we will not be inter...
More

C3 News: Press Release

For immediate release June 11, 2013 Senior litigator joins new insurance defence boutique C3 Legal is welcoming a new member. Formerly of Stewart McKelvey, Nancy Murray, Q.C. joins Greg Hardy and Margot Ferguson in the new firm, which primarily provides legal services to insurers. The transition to a boutique using technology to deliver legal services efficiently to a sophisticated insurance market is timely, says Murray. Hardy states, “Nancy Murray’s reputation as a top litigator is we...
More