Publications

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  • Claims for Loss of Income and the Family Business: The Impact of an Ownership Interest on a Plaintiff’s Claim

    Cox & Palmer, 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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  • Application to Add Defendant to Existing Action Successfully Opposed

    CBM LLP, Alberta, 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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  • When does an insured’s claim under the SEF 44 endorsement become limitations barred?

    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...
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  • New Court of Queen’s Bench Tariff of Costs

    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...
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