Publications

McKercher LLP, Saskatchewan, September 16, 2014 – This article examines prevalent issues stemming from the “tripartite” relationship, which often arises when an insurer retains legal counsel to defend a court action against its insured or to pursue a subrogated action.  Generally speaking, the “tripartite” relationship refers to the relationship among an insurer, its insured and legal counsel retained by the insurer.  As...

Kelly Santini LLP, Ontario, August 17, 2014 – Kelly Santini‘s Mitch Kitagawa successfully brought a motion for summary judgment to dismiss the plaintiff’s action in Mississippi River Corporations v. Municipal Electric Association Reciprocal Insurance Exchange 2014 ONSC 3784. In the ruling, Justice M.Z. Charbonneau agreed that the costs associated with the plaintiff’s voluntary decision to conduct repairs to its hydroelectric facility in Almonte,...

Blaney McMurtry LLP, Ontario, July 16, 2014 – Introduction If you have been handling personal injury claims for any length of time you have acquired a basic knowledge of the law of damages. You innately know what a plaintiff needs to prove to recover damages and what steps can be undertaken by the defence to attack the plaintiff’s damages claims. However, in my...

CBM LLP, Alberta, July 16, 2014 – At common law, no survivors had a right of action in tort for their loss due to the death of a family member.  As a result, many Provinces enacted wrongful death statutes that created a cause of action for certain survivors of a person wrongfully killed.  This article compares damage awards for non-pecuniary loss/ bereavement...