Publications

McKercher LLP, Saskatchewan, November 13, 2013 – INTRODUCTION Over the last thirty years, courts and legislatures across Canada have embraced the discoverability principle when considering limitations periods: that, generally speaking, a limitation period should not begin until a loss is discovered rather than starting at the time the wrong occurred regardless of whether the loss is recognized at that time or not....

McKercher LLP, Saskatchewan, April 16, 2013 – In Branco v. American Home Assurance Company, Cameco Corporation, Kumtor Operating Company and Zurich Life Insurance Company of Canada Limited 2013 SKQB 98, the Plaintiff submitted claims for disability benefits to the Defendant insurers after suffering an injury to his foot while working at a mine in Kyrgystan. Finding that the insurers had discontinued benefits...

Cox & Palmer, Donati Maisonneuve, McKercher LLP, April 02, 2013 – The role of digital evidence on an increasingly wide range of insurance claim disputes continues to grow.  For many insurers, the challenge of keeping up with changes in technology, trends in social media and the proliferation of data is matched by the constantly evolving legal framework that affects how insurance claims involving digital evidence can...

McKercher LLP, Saskatchewan, November 19, 2012 – Court Rules Amendments related to Concurrent Expert Evidence  and “Hot-tubbing” of Experts. While the usual vision of hot-tubbing more often than not would include relaxation, water, jets, and maybe some bubbling beverages, the idea of “hot-tubbing” experts illustrates a far different picture.  With its roots in Australia, “hot-tubbing”, or “concurrent expert evidence”, involves a collaborative...