Publications

Northpoint Legal, September 22, 2014 – Expert evidence is getting considerable judicial attention recently. There is considerable concern that experts are not fulfilling their role as unbiased providers of assistance to the courts, and several Canadian jurisdictions have tackled the concerns in recent revisions to court rules. Examples include Ontario rule 53.03 and B.C. rule 11. Read more.

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...