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Articles
Implied consent and a waiver of liability does not guarantee a successful Summary Dismissal
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... -
CBM LLP, Alberta, August 17, 2017 – A person may be injured by the shared act of two or more joint tortfeasors or by the independent acts of several, concurrent tortfeasors. Defendants in a civil suit can be held jointly and severally liable if their combined actions brought about the harm to the plaintiff. When defendants are jointly and severally liable they...
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CBM LLP, August 17, 2017 – Unlike Automobile Policies, the contents of Homeowners Policies are not standardized. Policies often have different wording and, even where the differences are subtle, this can lead to very different outcomes. As a result, the interpretation of Homeowner’s policies is very complex and uncertain. It is often not clear whether an exclusion clause can be relied...
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CBM LLP, Alberta, August 17, 2017 – This Court of Appeal decision arises from an unsuccessful application brought by the Defendants to strike an action due to delay. In this case, the Defendants were accused of liable for fraud and breaches of contract. Read more