Knowledge Centre

articles

Future Care Costs for Cannabis in Personal Injury Claims

FIRM:Cox & Palmer
DATE:June 2019
AUTHOR: Jorge Segovia
CATEGORIES:Articles, Knowledge Centre

As a result of the Cannabis Act, cannabis was legalized on October 17, 2018. Prior to that, cannabis was regulated under the Controlled Drugs and Substances Act. There was, however, a legal exemption for the medical use of cannabis. Despite … Read more »

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Hang on to Your Hat! – Sledding Accident – Civil Liability – Poor Maintenance – Major Injuries – When a municipality puts a sledding hill at the disposal of its residents, is it liable for damages resulting from an accident?

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:June 2019
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Dupras v. Municipalité de Ripon, 2019 QCCQ 714 – Ms. Ginette Dupras (“Ms. Dupras” or “the Plaintiff”) claimed $15,000 from the municipality of Ripon (the “municipality,” “Ripon” or “the Defendant”) following an accident that occurred on a hill the municipality had set … Read more »

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That’s not Allowed! – Appeal – Criteria for Leave to Appeal – Under What Conditions Can Leave to Appeal be Granted?

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:June 2019
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

D.C. v. Ivari, 2019 QCCA 496 – Claim by the appealing party, D.C. (“Appellant” or “D.C.”), for leave to appeal following a decision rendered during the proceedings on January 31, 2019, by the Superior Court, having denied its application for dismissal and … Read more »

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A Fake Investment Project Turns Sour – Class Action – Fraud – Insurance – How Might a Guilty Plea be Applied in a Quebec Civil Law Trial?

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:June 2019
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Brown v. Roy, 2019 QCCS 534 – In this case, the Court is seized of two class actions opposing David Brown (“the Plaintiff” or “Brown”) as representative of the class interests and François Roy (“Roy”), Marc Jémus (“Jémus”), and Lloyd’s Underwriters (“Lloyd’s”). … Read more »

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Self-Driving Cars in Quebec

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:June 2019
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Some will say that self-driving cars are a futuristic concept that won’t be hitting our roads anytime soon. But those people would be wrong, because self-driving cars are already here, and are gaining more and more traction in Quebec and … Read more »

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Slip & Fall Claim Dismissed with Summary Judgment

FIRM:SVR Lawyers
JURISDICTION:Alberta
DATE:June 2019
AUTHOR: Noah Hodgson
CATEGORIES:Articles, Knowledge Centre

In Lewandowska v Vander Woude, 2019 ABPC 115, the Plaintiff slipped and fell on the sidewalk adjacent to our clients’ property. The Plaintiff claimed that our clients caused ice build up on the sidewalk due to the existence of an … Read more »

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Damages Arising From Future Loss of Income Determined on Gross, Not Net Basis

FIRM:Cox & Palmer
JURISDICTION:Nova Scotia
DATE:June 2019
AUTHOR: Amy MacGregor
CATEGORIES:Articles, Knowledge Centre

MacDonald v MacVicar, 2018 NSSC 272 provides judicial guidance on s. 113BA(1) of the Insurance Act, RSNS 1989, c 231 (“Act”), holding that future loss of income damages for plaintiffs injured in motor vehicle accidents should be calculated on a gross, … Read more »

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Saskatchewan Court of Appeal Releases Important Decision on Contribution Between Parties who Helped Cause a Plaintiff’s Loss

FIRM:McKercher LLP
JURISDICTION:Saskatchewan
DATE:May 2019
AUTHOR: Caroline J. Smith
CATEGORIES:Articles, Knowledge Centre

The Saskatchewan Court of Appeal recently released an important decision regarding losses caused by multiple parties: Sound Stage Entertainment Inc v Burns (Sound Stage). In Sound Stage, the Saskatchewan Court of Appeal held that under Saskatchewan’s Contributory Negligence Act (the … Read more »

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Cyber Class Action Exposure in Canada

FIRM:Blaney McMurty LLP
JURISDICTION:Ontario
DATE:May 2019
AUTHOR: Dominic Clarke
CATEGORIES:Articles, Knowledge Centre

While there is growing acceptance within the Canadian insurance market of the need for cyber-insurance, knowledge and understanding of third party risks remain limited. This article reviews relevant decisions to date and discusses causes of action and associated hurdles, as … Read more »

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New Brunswick Court of Appeal Rejects Loss of Inheritance Claim Under Fatal Accidents Act in Absence of Proof of Reasonable Expectation of Inheriting

FIRM:Cox & Palmer
JURISDICTION:Newbrunswick
DATE:May 2019
AUTHOR: Patrick J.O. Dunn and David G. O’Brien, QC
CATEGORIES:Articles, Knowledge Centre

The recent decision of the New Brunswick Court of Appeal in Higgins v. Arseneau, 2019 NBCA 21, will be of interest for anyone involved with fatality claims in New Brunswick. The Court upheld the trial decision dismissing a claim brought on behalf of siblings for loss … Read more »

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