Knowledge Centre

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Quebec Court of Appeal – Difference between common law and civil law rules regarding contractual limitation of liability results in more than $5.5M reduction of amount awarded

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:October 2017
AUTHOR: Philip Samman
CATEGORIES:Articles, Knowledge Centre

In the recent decision of Wärtsilä Canada Inc. v. Transport Desgagnés Inc., 2017 QCCA 1471, the Quebec Court of Appeal decided that the trial judge had erred in law by determining that the contract between the parties was governed by … Read more »

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No Reduction for CPP Disability Benefits on an SEF 44 Claim

FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:October 2017
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

The Appellant, Andrew Sabean, was injured in a motor vehicle accident in 2004. In May 2013, a jury awarded Mr. Sabean damages for his injuries in the amount of $465,400.00. The amount he received from the Tortfeasor’s Insurer was about … Read more »

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Implied consent and a waiver of liability does not guarantee a successful Summary Dismissal

FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:October 2017
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Mr. Birss (the “Plaintiff”) was a taekwondo member with the Tien Lung Taekwon-Do Club and Authentic South Side Taekwon-Do Club (the “Defendant Clubs”). The agreement between the Plaintiff and Defendant Clubs contained a waiver of liability covering negligence, gross negligence, … Read more »

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Not all Medical Examination Consent Forms are Created Equal

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:October 2017
AUTHOR: Mitch Kitagawa and Chantel Helwer
CATEGORIES:Articles, Knowledge Centre

Intact Insurance Company v Beaudry, 2016 ONSC 6127 This was an application brought by the Insurer, Intact Insurance Company (Intact), to determine the proper interpretation of section 44 of the Statutory Accident Benefits Schedule (SABS).  Section 44 of the SABS provides … Read more »

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Cost Savings in Summary Judgment Motions

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:October 2017
AUTHOR: Mitch Kitagawa and Chantel Helwer
CATEGORIES:Articles, Knowledge Centre

Caithesan v. Amjad, 2016 ONSC 5720 In this case the Plaintiffs brought  motions for summary judgment against the Defendant, Saad Amjad (Amjad) who was 16 years old at the time of the incident.  He had taken his mother’s car without consent … Read more »

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Unnamed Insured May be Able to Recover Damages For Denial for Benefits of Another Insured

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:October 2017
AUTHOR: Mitch Kitagawa and Chantel Helwer
CATEGORIES:Articles, Knowledge Centre

Watkins v Western Assurance Company, 2016 ONSC 2574 The Plaintiff’s mother was injured in a motor vehicle accident in 2003 when he was 15 years old. The Plaintiff was not in the car at the time of the accident.  In 2011 … Read more »

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The concept of replacement cost in 2017

FIRM:Stein Monast
JURISDICTION:Quebec
DATE:October 2017
CATEGORIES:Articles, Knowledge Centre

Although this seems to be a concept that is basically quite simple and well defined in the insurance industry, the courts of Quebec and Ontario have recently been called upon to rule on the concept of replacement cost. Accordingly, we are … Read more »

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Supreme Court Clarifies Evidentiary Burden for Mental Injury

FIRM:McKercher LLP
JURISDICTION:Canada
DATE:September 2017
CATEGORIES:Articles, Knowledge Centre

In the recent decision of Saadati v. Moorhead, 2017 SCC 28, the Supreme Court of Canada clarified the evidentiary requirements for a plaintiff to prove mental injury in a negligence claim. Previously, it was commonly understood that establishing mental injury … Read more »

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Skiing Accident – Trap – Duty to Exercise Supervision and Due Care – Expert Level Skier

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:September 2017
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Chiasson v. Station Mont-Sainte-Anne inc., [2016] QCCS 6873 Alain Chiasson (“Chiasson”) claimed $128,400 in damages from Station Mont-Sainte-Anne inc. (the “Station”) after he fell on a ski trail. It was the start of the season, and he had been skiing along the unpacked … Read more »

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Rail Accident – Derailing of Two Subway Cars – Subrogatory Action – Can a Rail Transporter Fully Exclude its Liability?

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:September 2017
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Ace European Group Ltd. v. Canadian National Railway Company, [2017] QCCS 2531 Ace European Group Ltd. (“Ace”) claimed 593,606 USD from Canadian National Railway Company (“CN”) as compensation for an insurance claim after two subway cars under its care were derailed. The … Read more »

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