Publications

McKercher LLP, Saskatchewan, March 25, 2020 – The novel Coronavirus (COVID-19) was first reported in Wuhan, China, on December 31, 2019, and has been rapidly spreading since. Now the outbreak has been declared a pandemic by the World Health Organization (W.H.O). The extent to which specific events relating to COVID-19 trigger a particular force majeure clause is a matter of contractual interpretation,...

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...

McKercher LLP, Saskatchewan, November 25, 2019 – A participant expert witness has relevant expertise and was involved in the events that underlie the litigation. Participant experts are generally permitted to provide both fact and limited opinion evidence. Occasionally, a participant expert is also a litigant. In Westerhof v Gee Estate, the Ontario Court of Appeal addressed whether the Ontario Rules of Civil Procedure1 relating to...

Kelly Santini LLP, McKercher LLP, Ontario, Saskatchewan, October 29, 2019 – At some point on many insurance claims, a decision must be made to bring in external counsel. In this YRMC Boot Camp webinar, insurance lawyers Robert Affleck and Kamara Willett from McKercher LLP in Saskatchewan and Jennifer Therrien from Kelly Santini LLP in Ottawa, provide a series of helpful recommendations on how to work most...