Publications

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...

Stein Monast, Quebec, September 17, 2011 – In the late 19th century, the invention of the telephone ushered in a new age of communications. In 2004, little more than a century later, the advent of Web 2.0 revolutionized the way individuals interact, both privately and in the workplace. The word “productivity” has taken on a new meaning. Popular social networks, such as Facebook, MySpace,...

Fillmore Riley LLP, Manitoba, July 18, 2011 – This article considers insurance issues which arise on the insolvency of an insured.  In particular, we look at the obligation of trustees in bankruptcy to maintain existing coverage, and the competing concern which some insurers have, that the insolvency of the insured constitutes a material change of the risk. Section 24(1) of the Bankruptcy &...

Blaney McMurtry LLP, Ontario, June 18, 2011 – Introduction In the 1835 Monograph Democracy in America, French political observer Alexis de Tocqueville wrote, “I do not know whether the jury is useful to those who are in litigation; but I am certain it is highly beneficial to those who decide the litigation…”1  Tocqueville was referring to the importance of participation in democratic society....