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

    October 19, 2017 – 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, breach of contract, and breach of any statutory duty or other duty (the “Waiver”). Read...
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  • Sharing the Blame: Joint and Several Liability

    August 17, 2017 – A person may be injured by the shared act of two or more joint tortfeasors or by the independent acts of several, concurrent tortfeasors. Defendants in a civil suit can be held jointly and severally liable if their combined actions brought about the harm to the plaintiff. When defendants are jointly and severally liable they...
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  • Court of Appeal expands the definition of prejudice to include non-litigation prejudice

    August 17, 2017 – This Court of Appeal decision arises from an unsuccessful application brought by the Defendants to strike an action due to delay. In this case, the Defendants were accused of liable for fraud and breaches of contract. Read more
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  • Grocer Deemed to be Occupier of Sidewalk in Front of Store

    July 17, 2017 – This follows an appeal from a successful Summary Judgment Application in Master’s Chambers by the Defendant, Sobey’s.  The matter arises out of a trip and fall incident on a sidewalk in front of the Sobey’s store after a dog lunged at the Plaintiff.  The dog in question had been tied to something outside of the...
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