Archives

March 14, 2012 – In the 2003 decisions of KP Pacific Holdings Ltd. V. Guardian Insurance Co. of Canada, [2003] S.C.J. No. 24 and Churchland. Gore Mutual Insurance Co., [2003] S.C.J. No. 25, the Supreme Court of Canada called for legislative changes to the existing insurance scheme that would address the outdated insurance contract classification system imposed by provincial...

January 29, 2012 – The Court granted the interlocutory injunction in respect to breach of fiduciary duties so as to prevent the respondent from soliciting or aiding in the solicitation of the applicant’s clients and soliciting the applicant’s employees until the disposition of the action. The Court was satisfied that the applicant had established a strong prima facie case...

January 16, 2012 – I. INTRODUCTION The principle of recovery in a tort action is to compensate the injured party as completely as possible for the loss suffered as a result of the negligence of a tortfeasor. Typically the plaintiff is not entitled to recover twice for any loss arising from the injury (known as a limitation on double...

November 17, 2011 – Broadly speaking, over the past ten years, the media has increased its coverage and focus on personal injuries sustained in sports, both professional and amateur.  In conjunction, health professionals have cautioned the public about the dangers of sports injuries and the courts have scrutinized the legal implications of personal injuries sustained during organized sports.  As...