Nicholls, 2004 NBCA 59, stands for the propos- ition that an adjuster with no privity of contract with an insured may nonetheless be a proper party in a tort action for bad faith. LeBlanc v. Atlantic Blue Cross Care similarly holds that a plan admin- istrator may likewise be a proper party in a tort action for bad faith.
In the end, the court found that Blue Cross had not discharged the burden of establishing that it was not a proper party or that the plaintiff's claims against Blue Cross were without merit.
This decision was appealed in Atlantic Blue Cross Care v. LeBlanc, 2012 NBCA 55, however,
ANGELS W
IN ATLANTIC CANADA
By Allison McCarthy, Gavin Stuttard and Adam Bata
6 WINTER 2012 DOING BUSINESS IN ATLANTIC CANADA $
the appeal was quashed on a technicality. The decision, as it now stands, serves as a re- minder for insurance companies who enter into ASO contracts to ensure from the outset that the administrative role they take on is one for which they are prepared to assume the associated legal risks.
Tyana Caplan, associate Halifax, N.S.
902.420.3356 tcaplan@stewartmckelvey.com
ith entrepreneurship on the rise in Can- ada, it's an excel- lent time for angel investors to develop
new relationships with emerging start-ups. This is particularly true in Atlantic Canada where several recent high profi le exit transactions illustrate the opportunities for an- gel investors working with startup businesses in the region. This article is intended to provide a brief over- view of certain elements of the legal
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