• Nursing Home Claims in Canada

    CBM LLP, Alberta, September 24, 2021 –INTRODUCTION There is growing trend in Canada of claims being brought against nursing homes and long-term care facilities (collectively referred to throughout as “Care Homes”). These claims can take several different forms and must be responded to accordingly. This paper will address several aspects of Care Home claims, including: The law; Types of Care Home...
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  • Clarification from the Supreme Court of Canada on the Interpretation of Releases

    Lindsay LLP, British Columbia, September 24, 2021 –Case: Corner Brook (City) v. Bailey, 2021 SCC 29  On March 3, 2009, while driving her husband’s car, Mrs. Mary Bailey struck a Corner Brook City (the “City”) employee who was performing road work. The employee sued Mrs. Bailey for injuries he sustained in the accident. In a separate action, Mrs. Bailey and her husband sued...
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  • What counts as “using” a cell phone under the Motor Vehicle Act?

    Lindsay LLP, British Columbia, September 24, 2021 –Resting your phone or other electronic device on or under your leg may be an offence under the Motor Vehicle Act (the “MVA”). In R. v. Rajani, 2021 BCCA 292, the Court of Appeal held that using a cell phone is not limited to having it in a person’s hands. In other words, if someone is supporting a phone...
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  • The Consequences of a Recent Court Ruling on the Duties and Standard of Care for Insurance Brokers

    SVR Lawyers, Alberta, September 24, 2021 –The Alberta Court of Queen’s Bench decision in Duraguard Fence Ltd. v. Badry, 2019 ABQB 783, is another in the line of case authorities dealing with the duties and standard of care that insurance brokers owe to their clients. The case promises to have far-reaching consequences. The Duraguard case concerns a claim brought by the plaintiff Duraguard Fence Ltd...
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