Publications

CBM LLP, Alberta, October 22, 2012 – The Supreme Court of Canada rendered its decision in Stewart v. Pettie, infra. 17 years ago and it has been almost 30 years since Jordan House Ltd. v. Menow, infra.; however the law in the area of host liability is far from defined.  At a fundamental level, a commercial host will be liable for failing...

Stein Monast, Quebec, September 23, 2012 – For nearly 35 years, Quebec drivers have been benefiting from a unique civil liability situation when it comes to driving a motor vehicle. The no-fault legal liability scheme for bodily injury and Quebec’s Direct Compensation Agreement for property damage create a financial safety net for Quebec residents and it can be easy to forget that...

SVR Lawyers, Alberta, August 30, 2012 – In Benc v. Parker, 2012 ABCA 249, David Pick, on behalf of the appellant, appeared before the Court of Appeal in a matter that involves the scheduling of a Certified Examination (“CE”), and specifically what happens if the plaintiff or plaintiff’s counsel do not feel that the appointed examiner has made reasonable efforts to schedule...

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...