Archives

November 29, 2012 – Clements v. Clements, 2012 SCC 32 The plaintiff, Clements, drove over a nail while driving his motorcycle with his wife.  The nail damaged the tire, which resulted in Clements losing control of the motorcycle. Clements’s wife suffered a brain injury in the crash and sued her husband, alleging that her injury was caused by his...

November 29, 2012 – Annapolis County District School Board v. Marshall, 2012 SCC 27 Four-year-old Johnathan Marshall, was struck by a school bus driven by the applicant Feener. Johnathan ran onto the highway and into its path. Feener braked immediately upon seeing the boy but Johnathan was struck, suffering serious injuries. At age 19, Johnathan, through his litigation guardian,...

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...

October 22, 2012 – The Supreme Court of Canada rendered its decision in Stewart v. Pettie, infra. 17 years ago and it has been almost 30 years since Jordan House Ltd. v. Menow, infra.; however the law in the area of host liability is far from defined.  At a fundamental level, a commercial host will be liable for failing...