Archives

July 24, 2016 – Maher c. Construction Hamel inc., [2016] QCCS 2209. The Superior Court was seized of a motion to dismiss submitted by Construction Hamel inc. (“Hamel”) in respect of an action in damages in the amount of $205,511.06 instituted by plaintiffs Lucie Maher and Philippe Bussières (the “plaintiffs”) on the ground that the Court lacked the jurisdiction...

July 24, 2016 – Since 2012, all class action securities litigation claims that have been brought in Canada have been for statutory secondary market cases (SSM cases).1  Accordingly insurers and brokers ought to have a keen understanding of SSM cases when discussing directors and officers liability insurance limits with prospective insureds. Essentially, SSM claims are a statutory creature and...

July 24, 2016 – Shannon v. Canadian Medical Protective Association, 2016 NBQB 4 The plaintiff, Shirley Shannon, had been sexually assaulted by her psychiatrist Dr. Akoto.  Shannon suffered emotional and mental distress as a result of the sexual assaults and attempted suicide resulting in extensive physical injuries.  Dr. Akoto fled the jurisdiction.  Shannon obtained a default judgment against Dr....

July 24, 2016 – Over the past year or so, a series of Canadian decisions have caused lawyers, judges and legal commentators to refocus on the issue of expert evidence in litigation.  From the interaction of expert witnesses with the people who pay their fees, to concerns with the quality and usefulness of the evidence they provide, our system...