Publications

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  • Reason Restored by Ont. C.A. – Consultation Between Counsel and Expert Witnesses Permitted

    Kelly Santini LLP, Ontario, March 20, 2015 – Lawyers were taken aback by the January 2014 decision at trial in Moore v. Getahun.  The trial judge held that it was improper for counsel to assist an expert witness in the preparation of the expert’s report.  The extent to which this ruling was of concern is demonstrated by the number of intervenors (six) who...
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  • Modernizing Insurance Regulation in Saskatchewan: Proposed changes to focus largely on Consumer Protection

    McKercher LLP, Saskatchewan, March 20, 2015 – The Government of Saskatchewan has announced changes to Insurance Regulation aimed to modernize the legislation and increase consumer protection. Bill 177, The Insurance Act, has passed its first reading and will eventually replace The Saskatchewan Insurance Act.  The Government has suggested the changes are in line with Alberta’s regulation which is very similar to British...
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  • Data Breach: What’s ahead for Cyber and Privacy Liability Claims and Coverage

    CBM LLP, Alberta, February 17, 2015 – Introduction In September, 2014, the home-improvement retail chain, Home Depot, confirmed the theft of customers’ financial information in the United States and Canada.1 Home Depot joins a growing list of high profile companies to have data stolen as the result of cyber-attacks.2 The incidence of cyber-attacks is increasing and the form and scope of cyber...
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  • Ontario Court of Appeal Clarifies Rules Regarding Contact with Experts

    Blaney McMurtry LLP, Ontario, February 11, 2015 – In January, the Ontario Court of Appeal handed down its highly anticipated decision in Moore v. Getahun. The decision provides much needed guidance for litigators and their clients in relation to the role of counsel in interacting with an expert witness in the preparation of an expert’s report.  The underlying trial dealt with a medical...
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