Publications

McKercher LLP, Saskatchewan, January 29, 2012 – The Court granted the interlocutory injunction in respect to breach of fiduciary duties so as to prevent the respondent from soliciting or aiding in the solicitation of the applicant’s clients and soliciting the applicant’s employees until the disposition of the action. The Court was satisfied that the applicant had established a strong prima facie case...

Cox & Palmer, New Brunswick, January 16, 2012 – I. INTRODUCTION The principle of recovery in a tort action is to compensate the injured party as completely as possible for the loss suffered as a result of the negligence of a tortfeasor. Typically the plaintiff is not entitled to recover twice for any loss arising from the injury (known as a limitation on double...

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...