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Blaney McMurtry LLP, CBM LLP, Cox & Palmer, Donati Maisonneuve, Fillmore Riley LLP, Kelly Santini LLP, McKercher LLP, Northpoint Legal, Stein Monast, Alberta, Manitoba, New Brunswick, Newfoundland & Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec, Saskatchewan, January 27, 2022 – COVID-19 led to the suspension of limitation periods in many Canadian provinces. Below you will find the details on how the pandemic impacted limitation periods in each province. Updated January 2022 Alberta Suspension of Limitation Periods During COVID-19 in Alberta In Alberta, limitations were suspended from March 17, 2020 to June 1, 2020, pursuant to...
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Cox & Palmer, Nova Scotia, January 20, 2022 – Will Your Limitation of Liability Clause Stand Up To Court Scrutiny? In 6362222 Canada Inc. v Prelco Inc., 2021 SCC 39 (38904) (“Createch v Prelco“), the Supreme Court of Canada considered the issue of whether a limitation of liability clause in a contract between the two parties was invalid on the basis of the doctrine of breach...
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Cox & Palmer, Newfoundland & Labrador, January 20, 2022 – Fennelly v. Lloyd’s Underwriters, 2021 NLSC 160, involved an application by the First and Second Defendants, Lloyd’s Underwriters (“Lloyd’s”) and Anthony & Associates Inc. (“Anthony”), pursuant to Rule 40.11 of the Rules of the Supreme Court, 1986, S.N.L. 1986, c. 42, Sch. D, to dismiss the insured Plaintiff’s claim for want of prosecution. This was...
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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...
