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Mitigation, Credibility and Deductions: A Case Comment on Ryan v. Curlew, 2018 NLSC 72

FIRM:Cox & Palmer
JURISDICTION:Newfoundland & Labrador
DATE:July 2018
AUTHOR: Jorge Segovia
CATEGORIES:Articles, Knowledge Centre

In Ryan v. Curlew, 2018 NLSC 72, the Supreme Court of Newfoundland and Labrador assessed damages in the context of a personal injury claim. In doing so, the court addressed two key factors: mitigation and credibility. It also considered the application … Read more »

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Supreme Court of Canada Clarifies the Scope of Existing Duties of Care

FIRM:Cox & Palmer
DATE:July 2018
AUTHOR: Ian Whitcomb
CATEGORIES:Articles, Knowledge Centre

In Rankin (Rankin’s Garage and Sales) v. J.J., 2018 SCC 19, the Supreme Court of Canada clarified how it will interpret existing duties of care, in the context of a personal injury arising from the theft of a vehicle stored at … Read more »

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Joinder of multiple actions against a manufacturer

FIRM:Stein Monast
JURISDICTION:Quebec
DATE:July 2018
AUTHOR: Jessica Gauthier
CATEGORIES:Articles, Knowledge Centre

In Industrielle Alliance, assurances auto et habitation inc. vs. Usines Giant inc.1, the Court had to rule on the procedural validity of a joinder of multiple claims, all involving the same water-heater manufacturer, Giant, in a single legal action. Industrielle Alliance, duly … Read more »

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Pure Economic Loss – Issues Involving the Assessment and Calculation of Loss of Income/Future Earning Capacity of Self-Employed Plaintiffs/Small Business Owners

FIRM:CBM Lawyers
DATE:June 2018
AUTHOR: Debra Woodske and Kimberly Wasylenchuk
CATEGORIES:Articles, Knowledge Centre

Calculating income loss and earning capacity claims in personal injury matters comes with its usual struggles in the search for information and the battles with Plaintiff’s counsel over what is reasonable and how these claims should be assessed. Generally, both … Read more »

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SCC Rules Injuries Sustained During Car Theft Not Foreseeable

FIRM:CBM Lawyers
DATE:June 2018
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

This matter arises from a single motor vehicle collision. J, the Plaintiff, and his friend C were 15 and 16 years old, respectively, at the time of the collision. Prior to the accident, the two minors consumed alcohol and smoked … Read more »

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The Court of Appeal Speaks: Claims for Contribution and Indemnity are subject to discoverability

FIRM:Blaney McMurty LLP
JURISDICTION:Ontario
DATE:June 2018
AUTHOR: Bianca Pedro
CATEGORIES:Articles, Knowledge Centre

The Ontario Court of Appeal has now confirmed that claims for contribution and indemnity under section 18 of the Limitations Act, 2002 are subject to discoverability.  In its decision Mega International Commercial Bank (Canada) v. Yung released on May 7, 2018, the Court clarified the … Read more »

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ADAS and the insurance industry

FIRM:Blaney McMurty LLP
DATE:June 2018
AUTHOR: Stephen Moore
CATEGORIES:Articles, Knowledge Centre

Advanced driver assistance systems stand to have significant impact on premiums – and on litigation. Blaney McMurtry’s Stephen Moore explains how claims and underwriting approaches will need to be adjusted to accommodate these new technologies for Lexpert Magazine’s May ‘Change Agent’ column. Read … Read more »

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“Irreconcilable incongruity” in Plaintiff’s reporting disallows claim for loss of future income, Section B setoff avoids recovery of any damages

FIRM:Cox & Palmer
JURISDICTION:New Brunswick
DATE:June 2018
AUTHOR: Stéphanie Luce
CATEGORIES:Articles, Knowledge Centre

In Bent v. MacFarlane, contradictions in Bent’s self-reporting and her lack of attempt to seek a medical resolution to an alleged chronic pain syndrome proved extremely limiting to her claim for damages.  The case is remarkable for the severity of … Read more »

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Self-Represented Plaintiff Declared Vexatious Litigant

FIRM:Scott Venturo Rudakoff LLP
DATE:May 2018
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

In 2017, Domenic Venturo, Q.C., and Laura Bracco-Callaghan successfully applied to the Court of Queen’s Bench of Alberta to have a plaintiff declared a vexatious litigant (ET v Rocky Mountain Play Therapy Institute Inc, 2017 ABQB 475). The plaintiff’s subsequent leave to appeal application … Read more »

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An Insured’s Failure to Attend an IME pursuant to the Policy may result in a Denial of Section B Benefits

FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:May 2018
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Allstate Insurance Company (the “Insurer”), issued an SPF No.1 policy (the “Policy”) to a vehicle owned by Ms. Jenine Greenidge (the “Insured”). The Insured was involved in a motor vehicle accident. The Insured made a claim pursuant to Section B … Read more »

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