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September 24, 2021 – Product liability claims are often rooted in provincial sale of goods legislation. Sale of goods statutes afford consumers a set of protections, which are fairly uniform across jurisdictions. Depending on the circumstances of the case, a manufacturer faced with a sale of goods claim may have a number of available defences. The absence of contractual...

September 24, 2021 – In Nova Scotia, generally a person has two years from the date a claim is discovered to begin an action. Those who wait to achieve certainty regarding their claim may find the two year period has already elapsed. In a recent Supreme Court of Canada case the Province of New Brunswick brought a claim against...

August 23, 2021 – On July 23, 2021, the Supreme Court of Canada released its decision in Corner Brook (City) v Bailey, 2021 SCC 29. The Court allowed the appeal and reinstated the stay of the third party claim. Background Bailey suffered injuries when she struck pedestrian worker, Temple, and Temple’s employer’s vehicle. Bailey sued Temple’s employer (the City...

August 23, 2021 – Whether there is coverage for a loss depends on its cause: did the roof collapse because of snow or wind? Was the plaintiff injured because of the insured’s negligent driving or because of some other act? Insurers issue policies that set out the type of risk they are willing to insure, and exclude those perils...