Publications

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...

McKercher LLP, Saskatchewan, January 29, 2012 – The Court granted the interlocutory injunction in respect to breach of fiduciary duties so as to prevent the respondent from soliciting or aiding in the solicitation of the applicant’s clients and soliciting the applicant’s employees until the disposition of the action. The Court was satisfied that the applicant had established a strong prima facie case...

McKercher LLP, Saskatchewan, November 17, 2011 – Broadly speaking, over the past ten years, the media has increased its coverage and focus on personal injuries sustained in sports, both professional and amateur.  In conjunction, health professionals have cautioned the public about the dangers of sports injuries and the courts have scrutinized the legal implications of personal injuries sustained during organized sports.  As...