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  • Corner Brook (City) v Bailey: Insurers and Defence Counsel Breathe a Sigh of Release

    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...
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  • Concurrent Causes: the Confluence of Covered and Excluded Perils

    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...
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  • Confidentiality Clauses: The “Pinky Promise” With a Backbone

    July 26, 2021 – Childhood was simple. You trusted your best friend with confidential information simply by swearing a “pinky promise”. In settlements, a “pinky promise” will rarely do the trick. Instead, a confidentiality clause is a more appropriate tool to stop the parties from sharing confidential information regarding a settlement. But what happens when a confidentiality clause is...
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  • Manufacturers’ Defences to Product Liability Claims

    July 26, 2021 – Product liability law is the name placed on a combination of several branches of the law, including contract, tort, government regulation, damages, and insurance. It is based on the theory that consumers rely on producers and sellers to ensure products are safe for use. This leads to a wide range of claims, issues and parties....
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