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July 23, 2018 – 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 of a statutory provision regarding deductions for income related payments. Read More.
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February 12, 2018 – Travelers Canada v. Elite Builders Inc., 2017 NLTD(G) 214 – This case involved competing claims to insurance proceeds payable following a fire loss to a building (the “Property”) owned by Elite Builders Inc. (“Elite”). The Property was insured by Travelers Canada (“Travelers”). Read More
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November 13, 2017 – A Summary of Key Principles: The duty of an occupier is to take such care as in all of the circumstances is reasonable to ensure that lawful visitors are reasonably safe. The fact that a slip and fall occurs does not create a presumption of negligence. The onus is upon the plaintiff to establish that...
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April 19, 2017 – Downer v Pitcher, 2017 NLCA 13 In this case, the Newfoundland and Labrador Court of Appeal considered the validity and enforceability of a full and final release involving two unrepresented individuals. Read More