Publications

SVR Lawyers, Alberta, September 16, 2024 – In the recent case of Jackson v. Cooper, 2024 ABCA 272, the Alberta Court of Appeal addressed the issues related to the application of pre-judgment interest under the Judgment Interest Act, providing clarity for insurers for implications related to sums awarded to plaintiffs. Background of the Case The dispute in Jackson v. Cooper arose from...

Kelly Santini LLP, Ontario, July 30, 2024 – Kelly Santini’s Shawn O’Connor represented a film producer in a personal injury action brought by an actor in the film who suffered a dog bite on the film set during filming. After a two-day hearing before the Workplace Safety and Insurance Tribunal we were successful in obtaining a declaration that the actor was a worker...

Fillmore Riley LLP, Manitoba, July 30, 2024 – In May 2016, a company called Land Pride gave notice of a liability claim arising from a water breach caused while it was conducting demolition work in a building.  Land Pride was subcontracted for the work to a contractor called G.E.S, who was an Additional Insured under Land Pride’s policy, and who was also the...

CBM LLP, Alberta, June 25, 2024 – As a general rule, a successful party to litigation will be entitled to costs payable by the unsuccessful party. In cases where there are only plaintiff(s) and defendant(s), costs are relatively straightforward and follow the default rule: the unsuccessful party pays costs of the successful party. The principle behind costs awards is logical: a successful...