Publications

Cox & Palmer, November 29, 2012 – Annapolis County District School Board v. Marshall, 2012 SCC 27 Four-year-old Johnathan Marshall, was struck by a school bus driven by the applicant Feener. Johnathan ran onto the highway and into its path. Feener braked immediately upon seeing the boy but Johnathan was struck, suffering serious injuries. At age 19, Johnathan, through his litigation guardian,...

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...

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...