Publications

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...

Kelly Santini LLP, Ontario, April 27, 2012 – Mitch Kitagawa successfully brought a summary judgment motion on behalf of an insurer to dismiss an action brought by Chrysler Financial Services seeking coverage under a motor vehicle policy.  Chrysler was the lessor of a vehicle owned by the insured.  The insured stated on the application that he owned the vehicle.  When the policy was cancelled...

Northpoint Legal, April 14, 2012 – Overview The B.C. Health Care Costs Recovery Act was passed on May 29, 2008 and came into force on April 1, 2009.  The Act effectively creates two new actionable heads of damage for victims of others’ negligence: the past and future costs of health care services that are ordinarily paid by the provincial government.  Further,...

SVR Lawyers, Alberta, March 14, 2012 – In the 2003 decisions of KP Pacific Holdings Ltd. V. Guardian Insurance Co. of Canada, [2003] S.C.J. No. 24 and Churchland. Gore Mutual Insurance Co., [2003] S.C.J. No. 25, the Supreme Court of Canada called for legislative changes to the existing insurance scheme that would address the outdated insurance contract classification system imposed by provincial...