Publications

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...

McKercher LLP, Saskatchewan, August 29, 2012 – The appellants argued the certification judge erred in determining a class action would be the preferable procedure in light of the number of individual issues that remain outstanding. The Court found it is not unusual to have a class action where liability turns on a determination of the common issues, but where individual damages may...

McKercher LLP, Saskatchewan, April 28, 2012 – The certification application in a proposed class action against four travel companies alleging they negligently sold the Plaintiffs vacations to resorts in Cuba during a drought was dismissed because the pleadings failed to disclose a cause of action in negligence or negligent misrepresentation, failed to establish an identifiable class, failed to raise sufficient common issues...