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January 22, 2016 – Treatment of income loss relating to business interests The present article deals with the potential treatment by the Courts of claims by plaintiffs alleging a loss of income relating to the plaintiff’s ownership interest as a shareholder in a closely held incorporated business1. In such scenarios, the plaintiff is often not only a major shareholder...
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January 19, 2016 – In McFaul v Ranch-Lewchuk, 2015 ABQB 706, Shawn R. Sipma of CBM Lawyers successfully opposed an Application by the Plaintiff (and the Administrator of the Motor Vehicle Accident Claims Act) to have the driver of a second unidentified vehicle (the “Proposed Defendant”) added as a new Defendant in an existing personal injury action arising out...
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November 18, 2015 – The Queen’s Bench Rules set out a tariff with respect to the “costs” an unsuccessful party has to pay to the successful party at the end of a lawsuit or court action. An award of costs is meant to reimburse the successful party for some of the legal costs that were incurred in having to...
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November 18, 2015 – In its recent decision Carioca’s Import & Export Inc. v. Canadian Pacific Railway, the Ontario Court of Appeal has sent a clear message that the passage of time – albeit egregious – is not sufficient to dismiss an action for delay. In that case, the Court restored an action to the trial list, despite a...