Publications

CBM LLP, Alberta, October 19, 2017 – Mr. Birss (the “Plaintiff”) was a taekwondo member with the Tien Lung Taekwon-Do Club and Authentic South Side Taekwon-Do Club (the “Defendant Clubs”). The agreement between the Plaintiff and Defendant Clubs contained a waiver of liability covering negligence, gross negligence, breach of contract, and breach of any statutory duty or other duty (the “Waiver”). Read...

Kelly Santini LLP, Ontario, October 19, 2017 – Caithesan v. Amjad, 2016 ONSC 5720 In this case the Plaintiffs brought  motions for summary judgment against the Defendant, Saad Amjad (Amjad) who was 16 years old at the time of the incident.  He had taken his mother’s car without consent and then lost control of the car injuring two of his passengers.  Based on his...

McKercher LLP, Saskatchewan, September 11, 2017 – In the recent decision of Saadati v. Moorhead, 2017 SCC 28, the Supreme Court of Canada clarified the evidentiary requirements for a plaintiff to prove mental injury in a negligence claim. Previously, it was commonly understood that establishing mental injury required proof of a recognized psychiatric illness through expert evidence establishing both the injury and...

Donati Maisonneuve, Quebec, September 11, 2017 – Ace European Group Ltd. v. Canadian National Railway Company, [2017] QCCS 2531 Ace European Group Ltd. (“Ace”) claimed 593,606 USD from Canadian National Railway Company (“CN”) as compensation for an insurance claim after two subway cars under its care were derailed. The Facts Ace is the insurer for Bombardier Transportation Canada (“Bombardier”). Bombardier had asked CN to...