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  • The Breach of a Statutory Provision Does Not Determine Negligence

    Northpoint Legal, January 19, 2018 – Haynes v Haynes, 2017 BCCA 131 In cases such as motor vehicle accident claims, it is tempting for parties (and even courts) to infer negligence from a breach of a statutory regulation; however, we are reminded in the recent case of Haynes v. Haynes, 2017 BCCA 131 that the factual matrix and evidence of surrounding...
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  • Full Liability Upheld Where Jury’s Conclusions and the Admission of Expert Evidence Not Patently Unreasonable

    Kelly Santini LLP, Ontario, January 19, 2018 – Hamilton v Bluewater Recycling Association et al (2016 ONCA 805) involved a motorcyclist (Hamilton) who tried to overtake a recycling truck as the truck turned left. The vehicles collided and Hamilton was grievously injured. Hamilton brought a personal injury action for damages. Read More
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  • Duty to Defend Applied Despite Exclusions for the Insured’s Work

    Kelly Santini LLP, Ontario, January 19, 2018 – Parkhill Excavating Ltd v Royal & Sunalliance Insurance Co of Canada (2016 ONCA 832) – Parkhill, designed and installed septic systems. It had commercial liability policies between 2004 to 2010 with a number of insurers. Parkhill’s septic systems were found to be defective and 36 septic systems had to be replaced. Parkhill was sued for negligence...
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  • Changes to the Saskatchewan’s Small Claims Court

    McKercher LLP, Saskatchewan, January 19, 2018 – The procedure in Saskatchewan’s Small Claims Court will undergo some significant changes as of January 1, 2018, when The Small Claims Act, 2016 comes into force.  The amendments follow the recent increase of the limit for monetary claims in Small Claims Court from $20,000 to $30,000. Read More
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