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November 13, 2013 – INTRODUCTION Over the last thirty years, courts and legislatures across Canada have embraced the discoverability principle when considering limitations periods: that, generally speaking, a limitation period should not begin until a loss is discovered rather than starting at the time the wrong occurred regardless of whether the loss is recognized at that time or not....

April 16, 2013 – In Branco v. American Home Assurance Company, Cameco Corporation, Kumtor Operating Company and Zurich Life Insurance Company of Canada Limited 2013 SKQB 98, the Plaintiff submitted claims for disability benefits to the Defendant insurers after suffering an injury to his foot while working at a mine in Kyrgystan. Finding that the insurers had discontinued benefits...

November 19, 2012 – Court Rules Amendments related to Concurrent Expert Evidence  and “Hot-tubbing” of Experts. While the usual vision of hot-tubbing more often than not would include relaxation, water, jets, and maybe some bubbling beverages, the idea of “hot-tubbing” experts illustrates a far different picture.  With its roots in Australia, “hot-tubbing”, or “concurrent expert evidence”, involves a collaborative...

August 29, 2012 – The appellants argued the certification judge erred in determining a class action would be the preferable procedure in light of the number of individual issues that remain outstanding. The Court found it is not unusual to have a class action where liability turns on a determination of the common issues, but where individual damages may...