• Summary Judgments and Insurance Claims in Saskatchewan

    McKercher LLP, July 23, 2018 – 1 – Background Information A summary judgment procedure is designed to improve the efficiency of civil litigation. Used properly by the plaintiff, it can be utilized to receive judgment without the time and cost associated with a full trial. Used properly by the defendant, it can be utilized to dispose of an action without the...
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  • Changes to the Saskatchewan’s Small Claims Court

    McKercher LLP, January 19, 2018 – The procedure in Saskatchewan’s Small Claims Court will undergo some significant changes as of January 1, 2018, when The Small Claims Act, 2016 comes into force.  The amendments follow the recent increase of the limit for monetary claims in Small Claims Court from $20,000 to $30,000. Read More
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  • Supreme Court Clarifies Evidentiary Burden for Mental Injury

    McKercher LLP, September 11, 2017 – In the recent decision of Saadati v. Moorhead, 2017 SCC 28, the Supreme Court of Canada clarified the evidentiary requirements for a plaintiff to prove mental injury in a negligence claim. Previously, it was commonly understood that establishing mental injury required proof of a recognized psychiatric illness through expert evidence establishing both the injury and...
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  • SCC clarifies interpretation of ‘cost of making good faulty workmanship’ clause

    McKercher LLP, October 14, 2016 – In a decision released September 15, 2016 the Supreme Court of Canada ruled on the interpretation of the exclusion found in most all-risk policies for the cost of making good faulty workmanship. The Supreme Court of Canada simplified the analysis, yet narrowed the interpretation of that exclusion clause such that it will likely apply less...
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