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Injury and Criminal Law Blog

The firm’s lawyers write this injury and criminal law blog for people with a claim, or a charge, in New Brunswick, Nova Scotia, Prince Edward Island or Newfoundland and Labrador. Each post answers one question a client asked, in plain language, and names the statute. The posts are listed below this introduction, newest first.

The Injury and Criminal Law Blog Covers Caps, Benefits, Process and Defence

The posts fall into four groups: caps, benefits, process and defence.

The first group explains a rule that changes how much a claim pays. The minor personal injury cap in New Brunswick and the minor injury cap in Nova Scotia put a ceiling on pain and suffering damages for injuries the regulations call minor. Newfoundland and Labrador has no cap and uses a deductible instead. Prince Edward Island has its own settlement deductions.

The second group covers the benefits that pay before anyone decides fault: Section B benefits in PEI, Section B benefits in Newfoundland, no-fault car insurance in New Brunswick and long-term disability claims.

The third group is process: the discovery process in New Brunswick, what to expect from mediation, the independent medical evaluation, and insurer surveillance and social media.

The fourth group is criminal defence: the complete guide to assault in Canada, drug charges in Canada, drinking and driving laws and theft charges.

Read the Post for Your Province, Then the Practice-Area Page

Start with your province. A post about the New Brunswick cap says nothing about Nova Scotia. A post about Section B in Newfoundland describes an optional benefit that is mandatory in the three Maritime provinces. Where a post names a statute, the province is in the title or the first paragraph.

Then read the practice-area page for your claim. Every post links to one. The pages under injury law areas set out the limitation period, the insurance regime, the court and the benefits for that claim in that province. The post gives the detail. The practice-area page gives the frame.

Two posts describe the firm’s own reported decisions. Allen v. Doiron, 2026 NBKB 049, is the largest personal injury decision in Atlantic Canada. Trainor v. DeArcos, 2025 NBCA 131, is the second. Both are summarised at injury law results.

The Lawyer Who Wrote Each Post Is Named and the Post Is Dated

Each post carries the name of the lawyer who wrote it and a link to their profile under the team. Posts on New Brunswick law come from the Moncton office, posts on Nova Scotia law from Halifax, and criminal posts from the lawyer who leads criminal defence in Saint John. Every post is dated. The law can change after that date. The practice-area page is kept current, so read it alongside any older post.

Nothing on this injury and criminal law blog is legal advice about your own claim. If a post raises a question about your situation, call the nearest office or start a claim at contact. Intake is free.

How to Appeal an Impaired Driving Conviction in Atlantic Canada

You can appeal an impaired driving conviction, but the deadline is short and the appeal is not a second trial. The courts, the grounds and the prohibition.

Impaired Driving

Can You Change Lawyers in the Middle of a Case

You can change lawyers at almost any point in a case. What it costs, what happens to the file, and the two moments when the timing makes it harder to do.

Legal Process

Can You Still Sue While the Insurer Is Paying?

You can sue while the insurer is paying. No-fault benefits come from your own policy and settle nothing. What actually ends an injury claim is a release.

Car Accidents · Personal Injury

What to Do If You Cannot Afford a Criminal Lawyer

Refused legal aid and cannot afford a criminal lawyer? Duty counsel, limited retainers and court-ordered counsel in Nova Scotia and New Brunswick.

Criminal Defence

What Happens to Your Car Insurance After a DUI

No law says car insurance after a DUI stays high for ten years. Here is what actually drives the rate in Nova Scotia and New Brunswick.

Impaired Driving

What Costs Awards Mean If You Lose a Case

Costs awards make the losing side pay part of the winner's legal expenses.

Legal Process

How Criminal Defence Lawyer Fees Are Set

Criminal defence lawyer fees are never contingency. How block fees, hourly rates and trust retainers work, what drives the cost of a charge.

Criminal Defence

When You Need a Lawyer and When You Do Not

Do you need a lawyer, or can you handle it yourself? The four tests that decide it, the matters people handle alone.

Legal Process

Do You Need a Lawyer for an Injury Claim, or Can You File It Yourself?

When you need a lawyer for an injury claim and when you can deal with the adjuster yourself. The claims that go wrong unrepresented, and what it costs.

Personal Injury

Does a DUI Affect Employment in Nova Scotia and New Brunswick?

Does a DUI affect employment? It shows on a record check, it can reach a security clearance, and it removes your licence.

Impaired Driving

How Drug Impaired Driving Is Proven, and Why Cannabis Is Different

Drug impaired driving is proven by blood concentration or by an officer's evaluation, not by a metabolite test.

Impaired Driving · Drug Charges

How to Find Witnesses After a Car Accident

How to find witnesses after a car accident in Atlantic Canada: the police list, security video before it is overwritten, appeals, and preservation letters.

Car Accidents

How a Fire or Flood Insurance Claim in Nova Scotia Works

A fire or flood insurance claim in Nova Scotia runs on the proof of loss, the contents inventory and the adjuster. What the statutory conditions require.

Insurance Claims

Where to Get Free Legal Help in Atlantic Canada

Free legal help exists in Atlantic Canada beyond legal aid: duty counsel, public legal information services, tribunals you can use yourself.

Legal Process

You Were Hit by a Car While You Had No Insurance

Rear ended while your own policy had lapsed? You can still sue the driver who hit you.

Car Accidents

How a Contingency Fee Works in an Injury Claim

A contingency fee means the lawyer is paid out of what the claim recovers, and only if it recovers.

Personal Injury

How Fault Is Decided After a Car Accident

How fault is decided after a car accident in Atlantic Canada: the insurer's fault determination rules, why a ticket does not settle it.

Car Accidents

How to Choose a Lawyer, and What to Check First

How to choose a lawyer without relying on advertising: verify the licence, match the area of law, ask the six questions.

Legal Process

Is Impaired Driving on a Bicycle a Criminal Charge?

Impaired driving on a bicycle is not a Criminal Code offence, because a pedal bike is not a conveyance.

Impaired Driving

Injuries That Appear Days After a Car Accident

Injuries that appear days after a car accident are common and still compensable. What to watch for, why the delay hurts a claim, and how to fix the record.

Personal Injury

Bringing an Injury Claim on Behalf of a Child

An injury claim on behalf of a child is brought by a parent as litigation guardian, approved by a judge, and held in trust until the age of majority.

Personal Injury

Lane Splitting in Nova Scotia and What It Does to a Claim

Lane splitting in Nova Scotia is not permitted. The laned traffic rule requires a vehicle to stay within one lane, and the claim is reduced, not lost.

Car Accidents

Do You Qualify for Legal Aid for a Criminal Charge?

Legal aid for a criminal charge in Nova Scotia and New Brunswick turns on your income and on whether jail is realistic.

Criminal Defence

Long COVID Disability Claims and the Objective Evidence Argument

A long COVID disability claim is denied for lack of objective findings. The policy asks whether you can do the work, and function is what proves it.

Long-Term Disability

Medical Malpractice in Canada Is Not the American Version

Medical malpractice in Canada has no punitive jackpots and a capped non-pecuniary award. Why these claims are investigated before they are ever filed.

Personal Injury

Not Wearing a Seatbelt and What It Costs an Injury Claim

Not wearing a seatbelt reduces damages by a fixed twenty-five per cent in New Brunswick. The other Atlantic provinces leave the reduction to the judge.

Car Accidents

Parking Lot Accident Fault Is Not Automatic, and the Claim Is Real

Parking lot accident fault is decided by negligence, not by a rule that the reversing driver always loses. Why these claims count like any other collision.

Car Accidents

Paying Bills While Your Injury Claim Is Pending

Paying bills while your injury claim is pending: accident benefits, EI sickness, disability plans, CPP.

Personal Injury

Your Rights at a Police Check Stop in Nova Scotia and New Brunswick

Police can pull over any driver at a police check stop without suspicion.

Impaired Driving

Riding a Bicycle on the Sidewalk in Nova Scotia and Your Claim

Riding a bicycle on the sidewalk is prohibited by the Nova Scotia Motor Vehicle Act, with an exception for young children. What it means after a collision.

Personal Injury

Does a Roadside Suspension Give You a Criminal Record?

A roadside suspension is an administrative penalty, not a conviction. What a warn range costs you in Nova Scotia and New Brunswick, and what it does not.

Impaired Driving

Should You Settle a Car Accident Without Insurance?

The other driver offers cash to settle a car accident without insurance. What you must still report, what a release signs away, and when the offer is safe.

Car Accidents

What Solicitor-Client Privilege Covers and What Breaks It

Solicitor client privilege protects what you tell a lawyer, from the first consultation onward.

Legal Process

Subrogation After a Car Accident and Why Your Insurer Wants Its Money Back

Subrogation after a car accident is your own insurer recovering what it paid you from the driver at fault. Who controls the action and who gets paid first.

Car Accidents · Insurance Claims

What a Legal Retainer Is and How One Works

A legal retainer is two different things: the agreement that hires the lawyer, and the money held in trust.

Legal Process

How Settlement Money Is Paid Out to a Client

A settlement statement is the one page showing where every dollar of a settlement goes: the fee, the disbursements.

Personal Injury

What Happens at a Free Consultation with a Lawyer

What a free consultation with a lawyer actually involves, what to bring to it, what the lawyer is assessing.

Legal Process

What to Do After a Minor Car Accident

The steps after a minor car accident in Atlantic Canada: what to exchange, when police must be called, what to photograph, and why you see a doctor anyway.

Car Accidents

What to Do When a Total Loss Is Declared on Your Vehicle or Home

When a total loss is declared, the insurer has valued the property rather than repaired it. How the figure is built, and how to answer one that is too low.

Insurance Claims

Who Pays When a Car Crashes Into Your House?

A car crashes into your house or yard. Which insurer pays, what happens to your deductible, and what you can claim if anyone inside was hurt or frightened.

Car Accidents

Which Conditions Qualify for Long Term Disability Benefits

No policy lists which conditions qualify for long term disability. The test is whether you can perform the duties of the occupation the policy names.

Long-Term Disability

Who Decides to Lay a Charge, the Police or the Crown?

Who decides to lay a charge differs between New Brunswick and Nova Scotia.

Criminal Defence

Who Pays the Disbursements in an Injury Claim

Disbursements are the out-of-pocket costs of running a claim. Who pays disbursements while the file runs.

Personal Injury

Why a Lawyer Declines a Case

A lawyer declines a case for reasons that are usually about the file, not about you: the limitation date, the evidence, a conflict, or the economics.

Legal Process

Filing a Sexual Assault Lawsuit in New Brunswick

A sexual assault lawsuit in New Brunswick: no limitation period, the balance of probabilities, who can be sued, the damages, discovery, and insurance.

Personal Injury

Long-Term Disability Claims in New Brunswick

A denied long term disability New Brunswick claim is not the end. How these policies work, why insurers deny, the two-year mark, and how to sue.

Long-Term Disability

How House Fire Insurance Claims Work in New Brunswick

How house fire insurance claims work in New Brunswick: the policy, proof of loss, the adjuster, appraisal, and when a denied claim needs a lawyer.

Personal Injury

Car Accident Dashcam Footage and Your NB Injury Claim

How car accident dashcam footage helps or hurts a personal injury claim in New Brunswick: liability, audio, telematics, admissibility and preservation.

Car Accidents

Injured in the USA as a Canadian: Your Legal Options

Injured in the USA as a Canadian from Atlantic Canada: US medical bills, Section B benefits, which court, and how a claim is run from home.

Personal Injury

Suing for a Slip and Fall on Ice in New Brunswick

Hurt in a slip and fall on ice in New Brunswick? What you must prove, the two-year limit, the municipal notice trap, and what a claim pays for.

Personal Injury

The Marine Liability Act and Boat Insurance Coverage

How the Marine Liability Act and boat insurance coverage shape an Atlantic Canada watercraft injury claim, from the crash to the limitation period.

Personal Injury

Insurer Surveillance of Your Daily Activities and Social Media

How insurer surveillance works after an injury claim in Atlantic Canada: investigators, social media checks, what is legal, and how to protect the claim.

Personal Injury

Minor Personal Injury Deductible and Insurance in Newfoundland

How the minor personal injury deductible works in Newfoundland and Labrador car accident claims, what it applies to, and what stays fully recoverable.

Personal Injury

Fatal Accident Lawyer in New Brunswick: Wrongful Death Claims

A fatal accident lawyer in New Brunswick on wrongful death claims: the Fatal Accidents Act, who can claim, what is paid, and the two-year limit.

Personal Injury

What to Expect From the Mediation Process in New Brunswick

The mediation process in a New Brunswick injury claim: when it happens, the joint session, caucusing, the mediator's role, and what follows without a deal.

Personal Injury

ATV Accident in New Brunswick: Liability and Insurance

Injured in an ATV accident in New Brunswick? Liability, the Off-Road Vehicle Act insurance rules and Section B benefits, explained by the firm's lawyers.

Personal Injury

Motorcycle Accident Claim in New Brunswick: Compensation and Rights

Filing a motorcycle accident claim in New Brunswick? Learn about Section B benefits, types of compensation, and limitation deadlines. Free case review.

Car Accidents · Personal Injury

What Happens If Your Uber Gets in an Accident?

What happens if your uber gets in an accident in Atlantic Canada: the four insurance phases, Section B benefits, the two-year limit, and who pays.

Car Accidents

Historical Sexual Assault Defence in New Brunswick

Historical sexual assault defence in New Brunswick: no limitation period, arrest, bail and no-contact orders, disclosure, section 276, and sentencing.

Sexual Assault Defence

Choosing a Motorcycle Accident Lawyer in New Brunswick

Choosing a motorcycle accident lawyer in New Brunswick: what to ask, what a claim involves, Section B benefits, and the two-year limitation period.

Personal Injury

Suing After a Workplace Injury in New Brunswick: WCB and Your Rights

After a workplace injury in New Brunswick: when WorkSafeNB benefits are the only option, when you can sue a third party, and the election deadline.

Personal Injury

The Minor Personal Injury Cap in New Brunswick, Explained

How the minor personal injury cap in New Brunswick limits pain and suffering damages, the six listed injuries, and the serious impairment exception.

Personal Injury

Bicycle Accident in New Brunswick: Injury Claims

Hit by a car while cycling? How a bicycle accident in New Brunswick becomes an injury claim: Section B, fault, the deadline and what the claim pays for.

Personal Injury

Hit and Run Insurance Claims in New Brunswick

Filing a hit and run insurance claim in New Brunswick: Section D unidentified motorist coverage, the Insurance Act, the police report and the deadlines.

Personal Injury

Independent Medical Evaluations in a Personal Injury Lawsuit

What an independent medical evaluation is, who orders it in a New Brunswick personal injury lawsuit, how to prepare, and the traps that cost claimants.

Personal Injury

What Happens to a Lawsuit When the Plaintiff Dies?

What happens to a lawsuit when the plaintiff dies in Atlantic Canada: the estate steps in, which damages survive, and the Fatal Accidents Act deadlines.

Personal Injury

Employee Theft in New Brunswick: Defences & Consequences

Charged with employee theft under $5000 or over $5000 in NB? Learn about breach of trust, New Brunswick diversion programs, and possible sentences.

Theft & Property Crime

What to Expect From the Discovery Process in New Brunswick

Wondering what to expect from my discovery process in New Brunswick? Learn how to prepare for legal questions and protect your injury claim.

Personal Injury

Drug Trafficking vs. Possession in New Brunswick

Understand drug trafficking vs. possession in New Brunswick. Learn the penalties, CDSA schedules, diversion programs, and how a defence lawyer can help.

Drug Charges

Domestic Assault in New Brunswick: What Happens After Arrest?

Charged with domestic assault in New Brunswick? What happens after the arrest: bail, no-contact conditions, IPV policy, sentence ranges and the defences.

Assault & Domestic Violence

How to Handle a DUI License Suspension in New Brunswick

Facing a DUI license suspension in New Brunswick? Learn how to navigate Service New Brunswick penalties and the Interlock program to get driving again.

Impaired Driving

What Happens When a Pedestrian Is Hit by Car in New Brunswick?

Injured as a pedestrian hit by car in New Brunswick? Learn about Section B benefits, legal rights, and how to protect your claim.

Car Accidents · Personal Injury

Dog Bite Claims in New Brunswick: Your Legal Rights and Options

Injured in a dog attack? Learn how to file a dog bite claim in New Brunswick, understand the one-bite rule, and protect your right to fair compensation.

Personal Injury

Understanding the Minor Injury Cap in Nova Scotia

How the minor injury cap in Nova Scotia limits pain and suffering damages after a car accident, the serious impairment exception, and what stays uncapped.

Car Accidents

Can You File a Personal Injury Claim If You Are Partially at Fault?

Can you file a personal injury claim partially at fault in Atlantic Canada? Learn how contributory negligence works and what it means for your.

Personal Injury

Complete Guide to Drinking and Driving Laws in Canada

Charged with impaired driving? Understand drinking and driving laws in Canada including penalties, care and control, and defences. Free consultation.

Impaired Driving

Complete Guide to Drug Charges in Canada

Facing drug charges in Canada? Learn about possession, trafficking, penalties, and your legal rights. An experienced defence team explains your options.

Drug Charges

Complete Guide to Sexual Assault Penalties in Canada

Learn about sexual assault penalties in Canada including jail time, the sex offender registry, and your legal rights. Free consultation available.

Sexual Assault Defence

Complete Guide to Theft Charges in Canada

Theft charges in Canada: theft under and over $5,000, robbery, the penalties, the defences that work, and what to do when police call.

Theft & Property Crime

Understanding Pain and Suffering Compensation in Canada

Learn how pain and suffering compensation in Canada is calculated in Atlantic Canada. Understand non-pecuniary damages and how courts value suffering.

Car Accidents · Personal Injury

What to Know About the Thin Skull Rule in Canadian Personal Injury Law

Hurt in an accident with a pre-existing condition? The thin skull rule makes the at-fault party pay for the full harm. How it works in Atlantic Canada.

Car Accidents · Personal Injury

How to Protect Your Disability Benefits in a Car Accident

Learn how disability benefits in a car accident settlement work in Newfoundland. Understand CPP, LTD, and insurance offsets that could reduce your payout.

Insurance Claims

Avoiding Unfair PEI Car Accident Settlement Deductions

Learn how PEI car accident settlement deductions affect your claim. Understand CPP offsets, Section B, and collateral benefits in Prince Edward Island.

Car Accidents · Personal Injury

The Essential Differences for Section B Benefits in Newfoundland

Understand how Section B benefits in Newfoundland protect you after a car accident. Get trusted advice on no-fault insurance limits and claims.

Insurance Claims

The Need-to-Know About Section B Benefits in PEI

Discover how Section B benefits in PEI cover your medical costs after a car accident.

Car Accidents · Insurance Claims · Personal Injury

Overcoming Challenges as a Slip and Fall Lawyer in Newfoundland

Need a slip and fall lawyer in Newfoundland? Learn the 120-day notice rule and how to build a strong premises liability claim in NL.

Personal Injury

What a Slip and Fall Lawyer in PEI Does for Your Claim

A slip and fall lawyer in PEI explains the Occupiers' Liability Act, contributory negligence, the notice deadlines and what a claim pays.

Personal Injury

CPP Disability Benefits Denied Twice: Murphy Wins at Appeal Division

A financial analyst with a brain injury had his CPP disability benefits denied twice. In March 2026 the Appeal Division confirmed his pension.

Car Accidents · Long-Term Disability

Assault in Canada: Charges, Defences and Sentences

Facing assault in Canada? Learn the types of assault under the Criminal Code, the penalties, the defences, and your rights from criminal defence lawyers.

Assault & Domestic Violence

Explaining No Fault Car Insurance in New Brunswick

Need to understand no fault car insurance in New Brunswick? Learn how Section B accident benefits work to protect your physical and financial recovery.

Car Accidents · Insurance Claims · Personal Injury

$2.3M Personal Injury Result: Trainor v. DeArcos

Trainor v. DeArcos, 2025 NBCA 131: the Court of Appeal replaced a $325K award with about $2.3 million for chronic pain and PTSD after a car accident.

Car Accidents · Personal Injury

$3.3M Car Accident Injury Claim Decision: Allen v. Doiron

Allen v. Doiron, 2026 NBKB 049: the Court of King's Bench assessed $3.3 million for spinal fractures and a brain injury after a New Brunswick car accident.

Car Accidents · Personal Injury

Catastrophic Injury Car Accident Claims: What You Need to Know

A catastrophic injury car accident claim can be worth millions. Learn what qualifies, how damages work, and how to protect your rights under the law.

Car Accidents · Personal Injury

Chronic Pain After a Car Accident: What Your Claim Could Be Worth

Chronic pain after a car accident can be worth millions. Learn how Canadian law protects victims with chronic pain, PTSD, and pre-existing conditions.

Car Accidents · Personal Injury

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