Publications

Donati Maisonneuve, Quebec, January 21, 2019 – Dahan v. Poirier, 2018 QCCQ 5154 Professional and medical liability |Disciplinary process | Production of evidence | Lack of relevance | Striking out of allegations | Exclusion of exhibits Dr. Paul Poirier (“the Defendant”), was sued for medical malpractice by Abdallah Ali Dahan (“the Claimant”), and filed an application to strike certain allegations from the Amended Originating Motion and requested...

Fillmore Riley LLP, Manitoba, December 17, 2018 – In 2014, the Supreme Court of Canada in Bhasin v. Hrynew recognized good faith as the general organising principle of the common law of contract and that the duty of honest performance of a contract was a manifestation of the general organizing principle. This holds true in the insurance realm and this duty of an...

Cox & Palmer, New Brunswick, Newfoundland & Labrador, Nova Scotia, Prince Edward Island, December 17, 2018 – A question that we frequently hear from our colleagues in the insurance industry is: what benefits can we deduct in tort claims seeking damages for loss of income? Consider the plaintiff who has suffered a disabling injury and is unable to work as a result of either a slip and fall accident or an automobile...

Northpoint Legal, November 26, 2018 – Introduction In litigation, there are no guarantees of success and failure can be prohibitively expensive for those involved in a legal proceeding.  Even the best cases are faced with uncertainty and risk when a dispute proceeds to trial and the decision is ultimately left in the hands of a judge or jury.  While attempts can...