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  • Just When You Thought it was Safe to go Back into the Water!

    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...
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  • Examining Autonomy at the Office Party: Employer Host Liability

    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...
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  • Beyond the Border: Motor Vehicle Liability in Quebec

    September 23, 2012 – For nearly 35 years, Quebec drivers have been benefiting from a unique civil liability situation when it comes to driving a motor vehicle. The no-fault legal liability scheme for bodily injury and Quebec’s Direct Compensation Agreement for property damage create a financial safety net for Quebec residents and it can be easy to forget that...
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  • Benc v. Parker, 2012 ABCA 249: Certified Examination and the time allowed under the MIR

    August 30, 2012 – In Benc v. Parker, 2012 ABCA 249, David Pick, on behalf of the appellant, appeared before the Court of Appeal in a matter that involves the scheduling of a Certified Examination (“CE”), and specifically what happens if the plaintiff or plaintiff’s counsel do not feel that the appointed examiner has made reasonable efforts to schedule...
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