Plaintiff Recovery Limited When Contributorily Negligent
FIRM:Cox & Palmer
JURISDICTION:Nova Scotia
DATE:July 2016
CATEGORIES:Articles, Knowledge Centre
Perrin v Blake, 2016 NSSC 88 The Nova Scotia Supreme Court recently reaffirmed the law that, in Nova Scotia, where a plaintiff has been found to be contributorily negligent, his or her recovery is limited to the liability apportioned to … Read more »
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Court Denies Plaintiff’s Application to Add Another Plaintiff
FIRM:Cox & Palmer
JURISDICTION:Newfoundland & Labrador
DATE:July 2016
CATEGORIES:Articles, Knowledge Centre
Western Regional Integrated Health Authority v Marine Contractors Inc., 2016 NLTD(G) 1. The Health Authority sued a contractor and the City of Corner Brook with regards to damage to a hospital building and its contents, due to flooding from a … Read more »
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Involving the professionals in an action between the project owner and the contractor: A step that can turn out to be costly
FIRM:Stein Monast
JURISDICTION:Quebec
DATE:July 2016
CATEGORIES:Articles, Knowledge Centre
Hôpital Maisonneuve-Rosemont c. Buesco Construction inc., 2016 QCCA 739 In 2002, the Maisonneuve-Rosemont Hospital (hereinafter “MRH”) awarded a fixed-price contract to Buesco Construction Inc. (hereinafter “Buesco”) to erect the structure for a building that would become an ambulatory care centre. … Read more »
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U.S. District Court finds Insured’s Vice-President to be Independent Contractor falling outside Crime Policy’s Employee Theft Coverage
FIRM:Blaney McMurtry LLP
JURISDICTION:Ontario
DATE:June 2016
CATEGORIES:Articles, Knowledge Centre
In Telamon Corp. v. Charter Oak Fire Ins. Co., the U.S. District Court for the Southern District of Indiana held that a Vice-President of Major Accounts who provided management and marketing services to a telecommunications company was not an “Employee” … Read more »
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New Liability Trends, Potential New Risk for Sports Associations
FIRM:Blaney McMurtry LLP
JURISDICTION:Ontario
DATE:June 2016
CATEGORIES:Articles, Knowledge Centre
The legal tests for liability in the sports world have evolved. The new, less-predictable standards may mean increased risks for the associations which govern. So what has changed, and what can organizations do to protect themselves? Read more
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Limitation Period Begins with Knowledge of Material Facts Not Confirmation of Claim
FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:June 2016
CATEGORIES:Articles, Knowledge Centre
Cassidy v. Belleville (Police Services), 2015 ONCA 794 – This is an appeal from the order of a motion judge granting summary judgment and dismissing the Plaintiff’s action on the basis that it was statute-barred by operation of the 2-year … Read more »
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Limitation Period Cannot Start Until Professional Relationship with Patient Ends
FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:June 2016
CATEGORIES:Articles, Knowledge Centre
Chelli-Greco v. Rizk, 2015 ONSC 6963 – The defendant, Dr. Rizk brought a motion for summary judgement to dismiss the claim, on the basis that his former patient commenced the action after the two year limitation period had expired. The … Read more »
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Drug Insurance – The members of a student union must contribute to Quebec’s basic prescription drug insurance plan
FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:June 2016
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
Graillon v. Agence du revenu du Québec, 2016 QCCQ 430 The Court of Quebec rejected the appeal of two notices of assessment because the private group insurance purchased by a university student through his student union does not exonerate him … Read more »
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Critical Illness Insurance – A lack of disclosure is equivalent to false representations in an application to re-issue an insurance policy
FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:June 2016
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
Hamideh v. Industrielle Alliance, assurances et services financiers inc., 2016 QCCS 631 When an insurance policy is up for re-issue, there is a positive obligation to disclose lumbar pain, a medical investigation in progress, and a request for worker’s compensation … Read more »
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Disability Insurance – The insurance company successfully proves that the insured party no longer fits the description of “total disability” under the insurance contract
FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:June 2016
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
Forest v. Industrielle Alliance (L’), assurances et services financiers inc., 2016 QCCS 497 After eight days of hearings over which many experts were heard, and where medical reports and a video surveillance recording were produced, the insured testified in a … Read more »
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