Publications

Northpoint Legal, September 24, 2021 – Case: Corner Brook (City) v. Bailey, 2021 SCC 29  On March 3, 2009, while driving her husband’s car, Mrs. Mary Bailey struck a Corner Brook City (the “City”) employee who was performing road work. The employee sued Mrs. Bailey for injuries he sustained in the accident. In a separate action, Mrs. Bailey and her husband sued...

SVR Lawyers, Alberta, September 24, 2021 – The Alberta Court of Queen’s Bench decision in Duraguard Fence Ltd. v. Badry, 2019 ABQB 783, is another in the line of case authorities dealing with the duties and standard of care that insurance brokers owe to their clients. The case promises to have far-reaching consequences. The Duraguard case concerns a claim brought by the plaintiff Duraguard Fence Ltd...

Cox & Palmer, Nova Scotia, September 24, 2021 – Product liability claims are often rooted in provincial sale of goods legislation. Sale of goods statutes afford consumers a set of protections, which are fairly uniform across jurisdictions. Depending on the circumstances of the case, a manufacturer faced with a sale of goods claim may have a number of available defences. The absence of contractual...

Cox & Palmer, Nova Scotia, September 24, 2021 – In Nova Scotia, generally a person has two years from the date a claim is discovered to begin an action. Those who wait to achieve certainty regarding their claim may find the two year period has already elapsed. In a recent Supreme Court of Canada case the Province of New Brunswick brought a claim against...