Publications

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  • Medical Marijuana in Personal Injury Actions

    Northpoint Legal, July 23, 2018 – The purpose of this paper is to provide an overview of the current state of the law and jurisprudence on the current and potential future guidelines for authorization of medical marijuana by medical practitioners; judicial considerations for awarding versus denying medical marijuana claims; and the factual considerations that counsel should pay attention to when seeking...
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  • Lease Terms Govern Subrogation Rights says ONCA

    Kelly Santini LLP, Ontario, July 23, 2018 – Royal Host GP Inc. v. 1842259 Ontario Ltd., 2018 ONCA 467 – In Royal Host GP, the Ontario Court of Appeal overturned a decision of a motion judge and ruled that a tenant was not entitled to the benefit of the fire insurance that the landlord had covenanted to purchase where the loss was caused by the...
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  • Mitigation, Credibility and Deductions: A Case Comment on Ryan v. Curlew, 2018 NLSC 72

    Cox & Palmer, Newfoundland & Labrador, July 23, 2018 – In Ryan v. Curlew, 2018 NLSC 72, the Supreme Court of Newfoundland and Labrador assessed damages in the context of a personal injury claim. In doing so, the court addressed two key factors: mitigation and credibility. It also considered the application of a statutory provision regarding deductions for income related payments. Read More.
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  • Joinder of multiple actions against a manufacturer

    Stein Monast, Quebec, July 05, 2018 – In Industrielle Alliance, assurances auto et habitation inc. vs. Usines Giant inc.1, the Court had to rule on the procedural validity of a joinder of multiple claims, all involving the same water-heater manufacturer, Giant, in a single legal action. Industrielle Alliance, duly subrogated in the rights of its insureds, had in fact instituted a legal action by...
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