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September 16, 2014 – This article examines prevalent issues stemming from the “tripartite” relationship, which often arises when an insurer retains legal counsel to defend a court action against its insured or to pursue a subrogated action.  Generally speaking, the “tripartite” relationship refers to the relationship among an insurer, its insured and legal counsel retained by the insurer.  As...

July 16, 2014 – Introduction If you have been handling personal injury claims for any length of time you have acquired a basic knowledge of the law of damages. You innately know what a plaintiff needs to prove to recover damages and what steps can be undertaken by the defence to attack the plaintiff’s damages claims. However, in my...

July 16, 2014 – At common law, no survivors had a right of action in tort for their loss due to the death of a family member.  As a result, many Provinces enacted wrongful death statutes that created a cause of action for certain survivors of a person wrongfully killed.  This article compares damage awards for non-pecuniary loss/ bereavement...

July 16, 2014 – The Government of Alberta is working to implement some important changes to the procedures and processes in the Provincial Court of Alberta – Civil Division.  As of August 1, 2014, the Provincial Court ‘s jurisdiction to award damages will be increased from $25,000.00 to $50,000.00. This increased damages limit will have a significant impact on...