Publications

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...

McKercher LLP, Saskatchewan, October 14, 2016 – In a decision released September 15, 2016 the Supreme Court of Canada ruled on the interpretation of the exclusion found in most all-risk policies for the cost of making good faulty workmanship. The Supreme Court of Canada simplified the analysis, yet narrowed the interpretation of that exclusion clause such that it will likely apply less...

McKercher LLP, November 18, 2015 – Many insurers across Canada provide the SEF 44 family protection endorsement with their automobile insurance products. When collisions occur, the extent of an insured’s claim may not become clear until time has passed allowing the insured to recover from physical injuries. While one might assume that the limitation period for an individual to launch a...

McKercher LLP, Saskatchewan, November 18, 2015 – The Queen’s Bench Rules set out a tariff with respect to the “costs” an unsuccessful party has to pay to the successful party at the end of a lawsuit or court action. An award of costs is meant to reimburse the successful party for some of the legal costs that were incurred in having to...