Publications

McKercher LLP, November 18, 2015 – Many insurers across Canada provide the SEF 44 family protection endorsement with their automobile insurance products. When collisions occur, the extent of an insured’s claim may not become clear until time has passed allowing the insured to recover from physical injuries. While one might assume that the limitation period for an individual to launch a...

McKercher LLP, Saskatchewan, 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...

Blaney McMurtry LLP, Ontario, 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...

McKercher LLP, Saskatchewan, October 16, 2015 – Richard Morris, QC of McKercher LLP acted for the successful applicant in a decision clarifying when the limitation period begins to run in Aspen Village Properties Ltd. v. Saskatchewan Government Insurance 2014 SKQB 180. In that application, the question to be decided was whether the owner of a property damaged by fire was required to...