Personal Injuries in Canadian Motor Vehicle Insurance Policies and the Conflict of Laws: An Introductory Foray

At one time the personal injuries aspects of a motor vehicle insurance policy were relatively simple. The insurer agreed to meet the cost of personal injuries caused to a third party by the fault of the insured. These are normally referred to as Section A benefits. In time, however, the coverage of the policy could be increased by the payment of additional sums so as to permit: i) the insured persons to recover against their own insurer for injuries or loss caused by an uninsured or under-insured driver in circumstances in which liability existed at common law; ii) recovery by the owner or driver regardless of proof of fault for injury or loss arising out of the use or operation of a car; iii) persons other than the driver or owner of a car (who came within the extended definition of insured person) to recover defined amounts from the insurer in circumstances (i) and (ii). The so-called Section B or no-fault benefits usually benefitted the owner or driver of a car (first-party claims) and members of his family or others riding in the insured\u27s car but could cover other passengers. The inclusion of some no-fault benefits has become mandatory in motor insurance policies. This increase in coverage runs into actual or potential conflict with common law or statutory defences such as those restricting or preventing actions between spouses or gratuitous passengers and the driver who volunteered to drive them

Family Violence-Investigating child abuse and learning from British Mistakes

It seems appropriate at the onset to set out something of what the disciplines of law, medicine and social work know about family violence and when, during recent years, this knowledge came to the attention of professionals, the public and legislature. We can then, perhaps, judge whether our existing laws, rules of evidence and procedure take this information adequately into account in dealing with cases of violence within the family. Whilst solving these problems takes time, and law often lags behind the behavioural sciences, the question arises whether the lag is too long and whether differences between experts in the behavioural sciences have become an excuse for inactivity. Moreover, many ostensibly neutral legal rules have differential impact on the family members. For example, in the field of spousal violence if the existing criminal law rules on self defence and provocation, with their emphasis on imminent danger, reasonable force, the dignity to retreat and immediacy of response, do not provide women with as useful a defence to a woman who commits an assault following repeated assaults by her partners as they do a man who finds his partner having sexual relations with another person and seriously injures or kills either or both of them. The existing rules arose in a different age when it was judged appropriate to make allowance for assaults between males done in the heat of the moment. \u27 The obvious solution of excluding violent husbands and fathers from the family home has been beset, in Nova Scotia and some other provinces, by the problem of constitutional restrictions on Provincial Family Court Judges\u27 powers to make the necessary orders. In an attempt to overcome this difficulty, the Report of the Nova Scotia Court Structure Task Force recommended the creation of a Unified Family Court, a view recently approved by the Law Reform Commission of Nova Scotia. The Law Reform Commission\u27s recommendation shows how interlinked are the needs of children and parents in cases of family violence

Whatever Happened to Exempt Property? An Overview of the Matrimonial Property Act of Nova Scotia

As it is five years since the introduction of the Matrimonial Property Act, it may be appropriate before turning to the title of my paper to outline the general philosophy of the Act. The philosophy is to allow either spouse to apply to the court on the occurrence of one of the four triggering events (death, divorce, nullity or separation) to seek an equal division of the matrimonial assets. Where a merely equal division of matrimonial assets would be unfair or unconscionable a court may divide the matrimonial assets up unequally or have recourse to the exempt property

Malignant mesothelioma

Malignant mesothelioma is a fatal asbestos-associated malignancy originating from the lining cells (mesothelium) of the pleural and peritoneal cavities, as well as the pericardium and the tunica vaginalis. The exact prevalence is unknown but it is estimated that mesotheliomas represent less than 1% of all cancers. Its incidence is increasing, with an expected peak in the next 10–20 years. Pleural malignant mesothelioma is the most common form of mesothelioma. Typical presenting features are those of chest pain and dyspnoea. Breathlessness due to a pleural effusion without chest pain is reported in about 30% of patients. A chest wall mass, weight loss, sweating, abdominal pain and ascites (due to peritoneal involvement) are less common presentations. Mesothelioma is directly attributable to occupational asbestos exposure with a history of exposure in over 90% of cases. There is also evidence that mesothelioma may result from both para-occupational exposure and non-occupational "environmental" exposure. Idiopathic or spontaneous mesothelioma can also occur in the absence of any exposure to asbestos, with a spontaneous rate in humans of around one per million. A combination of accurate exposure history, along with examination radiology and pathology are essential to make the diagnosis. Distinguishing malignant from benign pleural disease can be challenging. The most helpful CT findings suggesting malignant pleural disease are 1) a circumferential pleural rind, 2) nodular pleural thickening, 3) pleural thickening of > 1 cm and 4) mediastinal pleural involvement. Involvement of a multidisciplinary team is recommended to ensure prompt and appropriate management, using a framework of radiotherapy, chemotherapy, surgery and symptom palliation with end of life care. Compensation issues must also be considered. Life expectancy in malignant mesothelioma is poor, with a median survival of about one year following diagnosis

Custody Disputes - Evaluation and Intervention

Mediation of custody disputes has become a buzz word of late. The duty of lawyers to discuss with clients the possibility of mediation is referred to in the new Divorce Act However, little research is available and this book is therefore a valuable contribution to the Canadian literature on dealing with custody disputes

Whatever Happened to Exempt Property? An Overview of the Matrimonial Property Act of Nova Scotia

As it is five years since the introduction of the Matrimonial Property Act, it may be appropriate before turning to the title of my paper to outline the general philosophy of the Act. The philosophy is to allow either spouse to apply to the court on the occurrence of one of the four triggering events (death, divorce, nullity or separation) to seek an equal division of the matrimonial assets. Where a merely equal division of matrimonial assets would be unfair or unconscionable a court may divide the matrimonial assets up unequally or have recourse to the exempt property

Personal Injuries in Canadian Motor Vehicle Insurance Policies and the Conflict of Laws: An Introductory Foray

At one time the personal injuries aspects of a motor vehicle insurance policy were relatively simple. The insurer agreed to meet the cost of personal injuries caused to a third party by the fault of the insured. These are normally referred to as Section A benefits. In time, however, the coverage of the policy could be increased by the payment of additional sums so as to permit: i) the insured persons to recover against their own insurer for injuries or loss caused by an uninsured or under-insured driver in circumstances in which liability existed at common law; ii) recovery by the owner or driver regardless of proof of fault for injury or loss arising out of the use or operation of a car; iii) persons other than the driver or owner of a car (who came within the extended definition of insured person) to recover defined amounts from the insurer in circumstances (i) and (ii). The so-called Section B or no-fault benefits usually benefitted the owner or driver of a car (first-party claims) and members of his family or others riding in the insured\u27s car but could cover other passengers. The inclusion of some no-fault benefits has become mandatory in motor insurance policies. This increase in coverage runs into actual or potential conflict with common law or statutory defences such as those restricting or preventing actions between spouses or gratuitous passengers and the driver who volunteered to drive them

Family Violence-Investigating child abuse and learning from British Mistakes

It seems appropriate at the onset to set out something of what the disciplines of law, medicine and social work know about family violence and when, during recent years, this knowledge came to the attention of professionals, the public and legislature. We can then, perhaps, judge whether our existing laws, rules of evidence and procedure take this information adequately into account in dealing with cases of violence within the family. Whilst solving these problems takes time, and law often lags behind the behavioural sciences, the question arises whether the lag is too long and whether differences between experts in the behavioural sciences have become an excuse for inactivity. Moreover, many ostensibly neutral legal rules have differential impact on the family members. For example, in the field of spousal violence if the existing criminal law rules on self defence and provocation, with their emphasis on imminent danger, reasonable force, the dignity to retreat and immediacy of response, do not provide women with as useful a defence to a woman who commits an assault following repeated assaults by her partners as they do a man who finds his partner having sexual relations with another person and seriously injures or kills either or both of them. The existing rules arose in a different age when it was judged appropriate to make allowance for assaults between males done in the heat of the moment. \u27 The obvious solution of excluding violent husbands and fathers from the family home has been beset, in Nova Scotia and some other provinces, by the problem of constitutional restrictions on Provincial Family Court Judges\u27 powers to make the necessary orders. In an attempt to overcome this difficulty, the Report of the Nova Scotia Court Structure Task Force recommended the creation of a Unified Family Court, a view recently approved by the Law Reform Commission of Nova Scotia. The Law Reform Commission\u27s recommendation shows how interlinked are the needs of children and parents in cases of family violence