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April 15, 2025 – When commencing a lawsuit in Ontario, litigation fees may appear intimidating to the party initiating the claim. Rule 76 of the Rules of Civil Procedure outlines the Simplified Procedure process that makes litigation more cost-effective by restricting or eliminating specific civil procedures.[1] If your claim is for $200,000 or less then the Rules mandate that...
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March 28, 2025 – Cities and municipalities are required to keep roads and streets in a reasonable state of repair by The Municipalities Act, SS 2005, c M-36.1 and The Cities Act, SS 2002, c C-11.1. However, these same entities are statutorily immune from liability for things on, in, or adjacent to streets that are not on the travelled portion of the...
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March 25, 2025 – Quebec’s principles of insurance claims for latent defects have been firmly established for over a decade. However, insurers frequently receive claims or questions from policyholders about potential claims. This creates headaches for insurers and policyholders, because of the fine distinction between latent defects and consequential damages. Each and every claim is unique, which means that...
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February 26, 2025 – Click here to download a copy of the article. Near the end of 2024, the New Brunswick Court of King’s Bench delivered the ruling in Trainor v DeArcos, 2024 NBKB 158, which provides interesting insights into the assessment of causation and damages in a personal injury claim. This decision addresses several concepts that are prevalent...