Publications

McKercher LLP, Saskatchewan, November 17, 2011 – Broadly speaking, over the past ten years, the media has increased its coverage and focus on personal injuries sustained in sports, both professional and amateur.  In conjunction, health professionals have cautioned the public about the dangers of sports injuries and the courts have scrutinized the legal implications of personal injuries sustained during organized sports.  As...

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 &...