Publications

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  • Plaintiff Denied Right to Videotape Medical Examination

    CBM LLP, Alberta, February 24, 2014 – This case involved a Plaintiff who was involved in four separate motor vehicle accidents. Since the Plaintiff and the Defendants did not agree on a certified examiner, physicians were appointed by the Superintendent of Insurance. The Plaintiff then insisted that the examinations be videotaped, while the Defendants took the position that the Plaintiff had no...
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  • Three Years On: Insight and Guidance on Alberta’s New Rules of Court

    CBM LLP, Alberta, July 19, 2013 – The three-year mark is nearing since the overhaul of the Alberta Rules of Court (New Rules).  These rules were implemented with the goal of making the court process more efficient and more cost effective. The transition period from the previous rules to the New Rules has had the growing pains expected with any change in...
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  • Examining Autonomy at the Office Party: Employer Host Liability

    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...
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  • Recent Alberta Court of Appeal Decision Confuses our Understanding of an Occupier’s Duty of Care

    CBM LLP, Alberta, October 17, 2011 – Historical Development of Occupiers’ Liability in Canada Long before the modern principles of negligence were developed, the common law held owners of land, buildings or other structures, liable for personal injuries or damage to the property of certain types of visitors. The issues of when and who could be held liable became very complex and...
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