Publications

CBM LLP, Alberta, February 11, 2015 – The driver of the insured vehicle was involved in an accident after leaving a worksite. The insured had two passengers/coworkers with him who were injured as a result of the accident. In separate rulings for each of the passengers, the Appeals Commission determined that both passengers sustained injuries that arose out of and occurred during...

CBM LLP, Alberta, February 11, 2015 – In Harding v Hudsons Canadian Hospitality Ltd, 2015 ABQB 38, CBM Lawyers successfully defended an Edmonton bar in a claim for injuries arising from a patron-patron assault. The claim was dismissed following a summary judgment application on the grounds that the Plaintiff had failed to provide any evidence that the bar breached the standard of...

Blaney McMurtry LLP, Ontario, January 13, 2015 – In a very recent decision – Elias v. Koochek – the Court addressed the issue whether the insurer of a renter of a vehicle who is not named as a defendant in the main action, but has been brought into the action as a third party, has priority over the insurer of the owner of the...

Cox & Palmer, New Brunswick, January 12, 2015 – In a decision that will be of interest to anyone involved with fatality claims, the New Brunswick Court of Appeal has ruled that the loss of the income that a deceased person could have earned had he or she survived is not recoverable by the deceased person’s estate. The recoverability of damages representing the income...