Corey Smith, Articled Student
Lindsay LLP, British Columbia, September 24, 2021 –Resting your phone or other electronic device on or under your leg may be an offence under the Motor Vehicle Act (the “MVA”). In R. v. Rajani, 2021 BCCA 292, the Court of Appeal held that using a cell phone is not limited to having it in a person’s hands. In other words, if someone is supporting a phone...Articles
The Consequences of a Recent Court Ruling on the Duties and Standard of Care for Insurance Brokers
SVR Lawyers, Alberta, September 24, 2021 –The Alberta Court of Queen’s Bench decision in Duraguard Fence Ltd. v. Badry, 2019 ABQB 783, is another in the line of case authorities dealing with the duties and standard of care that insurance brokers owe to their clients. The case promises to have far-reaching consequences. The Duraguard case concerns a claim brought by the plaintiff Duraguard Fence Ltd...- Cox & Palmer, Nova Scotia, September 24, 2021 –Product liability claims are often rooted in provincial sale of goods legislation. Sale of goods statutes afford consumers a set of protections, which are fairly uniform across jurisdictions. Depending on the circumstances of the case, a manufacturer faced with a sale of goods claim may have a number of available defences. The absence of contractual...
- Cox & Palmer, Nova Scotia, September 24, 2021 –In Nova Scotia, generally a person has two years from the date a claim is discovered to begin an action. Those who wait to achieve certainty regarding their claim may find the two year period has already elapsed. In a recent Supreme Court of Canada case the Province of New Brunswick brought a claim against...
