Publications

McKercher LLP, Saskatchewan, January 28, 2020 – The important concept of “jurisdiction” relates to a decision maker’s authority or power to interpret and apply the law. Jurisdiction is based on the nature of the specific matter as well as on the geographic region or territory to which it relates. The first consideration, the subject matter involved, may determine what judicial or quasi-judicial...

Blaney McMurtry LLP, Ontario, January 28, 2020 – Blaney McMurtry partner Sheldon Inkol was successful in having a Statement of Claim dismissed via summary judgment in the matter of Swan v. Durham Condominium Corporation No. 45. The plaintiff – a unit owner in a residential condominium and a former member of the Board of Directors of the condo corporation – had a lengthy history of litigation...

Kelly Santini LLP, Ontario, January 28, 2020 – On September 30, 2019, the Ontario Court of Appeal upheld the Ontario Superior Court decision of Justice Ryan Bell in Mississippi River Power Corporation v. WSP Canada Inc., 2018 ONSC 6104. This is an important case for owners, consultants and contractors because it means that a limitation of liability clause in a consultant’s contract may also be...

Stein Monast, Quebec, January 28, 2020 – In a judgment rendered on April 15, 2019, the Superior Court stated on a claim by the owners of a building that had caught fire against their insurer, denying coverage on the ground that the insureds had been growing marijuana in the building, and that therefore the exclusion clause related to the use of an...