Publications

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  • Damage Awards Jeopardy – Chronic Pain and Psychological Damages Claims

    Blaney McMurtry LLP, CBM LLP, Donati Maisonneuve, Fillmore Riley LLP, Lindsay LLP, Alberta, British Columbia, Manitoba, Ontario, Quebec, June 14, 2024 –Our panel of RMC lawyers from across Canada explore how damage awards for chronic pain and psychological injuries are treated in different jurisdictions. During the webinar, panelists present five recent case examples from the Courts. Each case will conclude with a discussion on how other jurisdiction would likely treat a claim with similar facts.  ...
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  • Cost Implications in Failing to Make a Reasonable Offer to Settle

    Kelly Santini LLP, Ontario, May 17, 2024 –In assessing costs, in Ontario, there have been two recent decisions where the Court has awarded costs on the basis that the defendants failed to make reasonable offers to settle.   In Lawless v Joanovits, 2024 ONSC 1561, Justice Edwards of the Ontario Superior Court of Justice awarded costs exceeding the general damages in a...
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  • Collision to Courtroom: The Significance of Russell v Russell in Personal Injury Litigation

    SVR Lawyers, Alberta, April 27, 2024 –In Russell v Russell, 2024 ABKB 182, Ms. Russell was injured in a single vehicle collision and sought $200,000.00 in general damages for pain and suffering. On December 24, 2015, Ms. Russell was riding in a truck, seated on the single bench seat between her mother and stepfather. Her stepfather, Mr. Chiefmoon, lost control of...
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  • Determining Costs in Medical Malpractice – Khaleel v. Indar

    SVR Lawyers, Alberta, April 27, 2024 –The recent case of Khaleel v. Indar, 2024 ABKB 203, acts as a good reminder in respect of costs and Calderbank Offers. In Khaleel, the plaintiff sought recovery of several costs, including double costs for a Calderbank Offer, costs for questioning other defendants, costs for non-testifying experts, as well as costs for a videographer, medical...
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