Publications

Donati Maisonneuve, Quebec, October 19, 2017 – In the recent decision of Wärtsilä Canada Inc. v. Transport Desgagnés Inc., 2017 QCCA 1471, the Quebec Court of Appeal decided that the trial judge had erred in law by determining that the contract between the parties was governed by the Quebec Civil Code as opposed to Canadian maritime law and as such, reduced the...

CBM LLP, Alberta, October 19, 2017 – The Appellant, Andrew Sabean, was injured in a motor vehicle accident in 2004. In May 2013, a jury awarded Mr. Sabean damages for his injuries in the amount of $465,400.00. The amount he received from the Tortfeasor’s Insurer was about $382,000.00, leaving a shortfall of more than $83,000.00. Mr. Sabean subsequently claimed under the excess...

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...