Publications

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  • Avoiding Affirmation: Preserving Rights Following Misrepresentation

    Fillmore Riley LLP, Manitoba, July 30, 2024 –In May 2016, a company called Land Pride gave notice of a liability claim arising from a water breach caused while it was conducting demolition work in a building.  Land Pride was subcontracted for the work to a contractor called G.E.S, who was an Additional Insured under Land Pride’s policy, and who was also the...
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  • Third Party Costs: Who Pays?

    CBM LLP, Alberta, June 25, 2024 –As a general rule, a successful party to litigation will be entitled to costs payable by the unsuccessful party. In cases where there are only plaintiff(s) and defendant(s), costs are relatively straightforward and follow the default rule: the unsuccessful party pays costs of the successful party. The principle behind costs awards is logical: a successful...
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  • Does Credibility Count?: A Discussion of Artindale-Eeles v Mercer, 2024 ABKB 233

    SVR Lawyers, Alberta, June 25, 2024 –The Plaintiff, Ms. Artindale-Eeles, was involved in two collisions as she was driving her vehicle to work in the early morning of April 9, 2010 near Canadian Forces Base Wainwright where she served as the Cleaning Services Supervisor. Read more
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  • Baker v Blue Cross: A Cautionary Tale of Bad Faith

    SVR Lawyers, Alberta, June 25, 2024 –In Baker v Blue Cross Life Insurance Company of Canada, 2023 ONCA 842, the Ontario Court of Appeal upheld a substantial punitive damages award – $1.5 million. This is the highest punitive damages award in Canada since the $1 million award in Whiten v Pilot Insurance Co., 2002 SCC 18. Read more
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