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Donati Maisonneuve, Quebec, April 28, 2020 – In this case, the court was seized of a claim for damages by Jacques Rioux (“the Plaintiff” or “Rioux”) against Voyages à Rabais (“the Defendant” or “Voyages”). The main issue of the dispute involved ruling on whether the Defendant had a duty to inform the Plaintiff about the condition of the hotel beaches where he...
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SVR Lawyers, Alberta, April 21, 2020 – COVID-19 has impacted every aspect of our economy. Educational institutions are closed. Retail operations, bars, restaurants, hotels and service providers are also closed or, in some cases, operating at significantly reduced hours. Public forms of travel are discouraged. Supply chains have been interrupted. These developments will likely result in coverage disputes and litigation surrounding the...
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SVR Lawyers, Alberta, April 21, 2020 – The Rules of Court provide that a successful party in litigation is entitled to its costs (Rule 10.29(1)(a)). In the absence of litigation misconduct, allegations of fraud, or a contractual entitlement, the Court often turns to Schedule C to assess the quantum of those costs. However, the Court always retains discretion (pursuant to the Judicature Act and...
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Blaney McMurtry LLP, Ontario, April 21, 2020 – On April 3rd Justice Leiper, of the Superior Court of Justice, released her reasons for decision in Chavez v Economical Mutual Insurance Company, 2020 ONSC 2005, dismissing the plaintiff’s coverage application. Stephen Moore and Harrison Nemirov of our firm represented Economical. Chavez was seeking coverage from Economical for an SUV/motorcycle accident which occurred in August of...