Publications

Kelly Santini LLP, Ontario, May 17, 2024 – In assessing costs, in Ontario, there have been two recent decisions where the Court has awarded costs on the basis that the defendants failed to make reasonable offers to settle.   In Lawless v Joanovits, 2024 ONSC 1561, Justice Edwards of the Ontario Superior Court of Justice awarded costs exceeding the general damages in a...

SVR Lawyers, Alberta, April 27, 2024 – In Russell v Russell, 2024 ABKB 182, Ms. Russell was injured in a single vehicle collision and sought $200,000.00 in general damages for pain and suffering. On December 24, 2015, Ms. Russell was riding in a truck, seated on the single bench seat between her mother and stepfather. Her stepfather, Mr. Chiefmoon, lost control of...

SVR Lawyers, Alberta, April 27, 2024 – The recent case of Khaleel v. Indar, 2024 ABKB 203, acts as a good reminder in respect of costs and Calderbank Offers. In Khaleel, the plaintiff sought recovery of several costs, including double costs for a Calderbank Offer, costs for questioning other defendants, costs for non-testifying experts, as well as costs for a videographer, medical...

Fillmore Riley LLP, Manitoba, April 27, 2024 – As you step out of your vehicle, your foot skids across a treacherous icy surface, causing you to slip and fall and injure yourself. Instead of meeting your friends for dinner, you end up in the emergency room. This type of incident is not uncommon in the Canadian winter climate, and can often lead to...