Publications

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  • An Alberta Response to the Rise in Vexatious and Abusive Litigation

    SVR Lawyers, Alberta, February 20, 2019 – Civil Practice Note No. 7 – Vexatious Application/Proceeding Show Cause Procedure (General Powers to Stay or Dismiss a Frivolous, Vexatious, or Abusive Application or Proceeding) The number of self-represented litigants (“SRLs”) is on the rise in Canada. Data collected by the National Self-Represented Litigants Project in 2017 indicates that approximately 70% of SRLs are plaintiffs...
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  • Discovered damage: Bylaw coverage and the principles in Roth v Economical Mutual Insurance Co.

    McKercher LLP, Saskatchewan, February 20, 2019 – Prospective property owners are often drawn to older buildings for their charming facades or classic architectural features. Those same owners are likely aware that their charming old buildings were not built to current building code or bylaw standards.  For that reason, savvy property owners will often choose to purchase bylaw insurance coverage. Read More
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  • CPP Disability Payments Deductible From Future Loss

    Cox & Palmer, Nova Scotia, February 20, 2019 – The Nova Scotia Court of Appeal overturned a motion decision in Sparks v Holland, 2019 NSCA 3 (“Sparks”), holding that Canadian Pension Program (“CPP”) disability payments are deductible from future loss of income and earning capacity. Read More
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  • Deducting Statutory Accident Benefits from Tort Awards in Ontario

    Kelly Santini LLP, Ontario, January 21, 2019 – In the province of Ontario, anyone injured in an automobile accident has two avenues for compensation: they can sue the “at-fault” driver in a civil tort action, or they can apply for Statutory Accident Benefits (“SABs”), which are the mandatory automobile insurance “no fault” benefits. While these two forms of compensation are independent of one...
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