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Cox & Palmer, Newfoundland & Labrador, November 13, 2017 – A Summary of Key Principles: The duty of an occupier is to take such care as in all of the circumstances is reasonable to ensure that lawful visitors are reasonably safe. The fact that a slip and fall occurs does not create a presumption of negligence. The onus is upon the plaintiff to establish that...
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Blaney McMurtry LLP, Ontario, November 13, 2017 – Dominic Clarke, along with Blaneys’ associate Zack Garcia, authored an Insurance & Reinsurance ‘Thought Leadership’ piece for the 2017/2018 Expert Guides’ Guide to the World’s Leading Insurance & Reinsurance Lawyers publication. Read More -
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Joshua Vickery, Articling Student
Kelly Santini LLP, Ontario, November 13, 2017 – Wilk v Arbour, 2017 ONCA 21. This is an appeal from an order of Faieta J. dismissing the Plaintiff’s motion for summary judgement under the Dog Owner’s Liability Act and granting the Plaintiff’s cross-motion, finding that she was entitled to damages. The appeal was allowed. Read More -
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Philip Samman
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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... -
