Archives

June 25, 2019 – In Lewandowska v Vander Woude, 2019 ABPC 115, the Plaintiff slipped and fell on the sidewalk adjacent to our clients’ property. The Plaintiff claimed that our clients caused ice build up on the sidewalk due to the existence of an eavestrough that pointed down the driveway toward the sidewalk thereby making them liable for the...

June 25, 2019 – MacDonald v MacVicar, 2018 NSSC 272 provides judicial guidance on s. 113BA(1) of the Insurance Act, RSNS 1989, c 231 (“Act”), holding that future loss of income damages for plaintiffs injured in motor vehicle accidents should be calculated on a gross, rather than net basis. In MacDonald v MacVicar, 2018 NSSC 271, the court held that the Plaintiff,...

May 27, 2019 – The Saskatchewan Court of Appeal recently released an important decision regarding losses caused by multiple parties: Sound Stage Entertainment Inc v Burns (Sound Stage). In Sound Stage, the Saskatchewan Court of Appeal held that under Saskatchewan’s Contributory Negligence Act (the Saskatchewan Act), a defendant can claim contribution towards payment of the plaintiff’s damages from others...

May 27, 2019 – While there is growing acceptance within the Canadian insurance market of the need for cyber-insurance, knowledge and understanding of third party risks remain limited. This article reviews relevant decisions to date and discusses causes of action and associated hurdles, as well as the increased importance of “nominal damages” in the context of data/privacy breach class...