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  • Force Majeure Clauses and the Doctrine of Frustration: Flattening the Liability Curve

    March 25, 2020 – As both provincial and federal governments across Canada continue to impose restrictions on business and travel in an attempt to curtail the spread of COVID-19, parties to contracts, especially service or sale of goods contracts, may find it increasingly more challenging to complete their contractual obligations. In this context, it may be useful to review...
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  • Future Care Costs for Cannabis in Personal Injury Claims

    June 25, 2019 – 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 the recent legalization of cannabis, a framework for access to cannabis for medical purposes still...
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  • Damages Arising From Future Loss of Income Determined on Gross, Not Net Basis

    June 25, 2019 – 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, rather than net basis. In MacDonald v MacVicar, 2018 NSSC 271, the court held that the Plaintiff,...
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  • The Importance of Plaintiff Credibility in Determining Causation

    March 22, 2019 – A recent Nova Scotia Supreme Court case, Gale v Purcell, 2018 NSSC 319, demonstrates how the credibility of a plaintiff can play a central role in assessing causation in a motor vehicle accident. On September 19, 2006, the Plaintiff, Angela Marie Gale (“Gale”) sustained injuries in a motor vehicle accident (“2006 MVA”). On March 23, 2010, Gale...
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