Knowledge Centre

Tibbetts v Murphy, 2015 NSSC 280 Tibbetts was injured following a motorcycle/motor vehicle accident with Murphy.  The court concluded that although Tibbetts was primarily responsible for the collision, Murphy was one-third liable for the accident. Read More

Grafton Connor Property Inc. v Murphy, 2015 NSSC 195 In 2007, the North-End Pub in Halifax was destroyed by fire.  It was owned by Grafton Connor and insured by Lloyd’s of London Underwriters under an insurance policy that had been … Read more »

There has always been some difficulty finding a balance between providing adequate prosecution and defense of civil files versus the trend towards early dispute resolution (and alternate dispute resolution). Recently, our highest court has espoused the benefits of a culture … Read more »

Richard Morris, QC of McKercher LLP acted for the successful applicant in a decision clarifying when the limitation period begins to run in Aspen Village Properties Ltd. v. Saskatchewan Government Insurance 2014 SKQB 180. In that application, the question to … Read more »

The Guarantee Company v Dong Do et al., 2015 ONSC 1891 – This is an application for judicial review that arose after the Director’s Delegate of the Financial Services Commission of Ontario (“Director’s Delegate”) upheld the arbitrator’s preliminary arbitration order, … Read more »

Intact Insurance Company v Kisel, 2015 ONCA 205 – This is an appeal of the refusal of the motion judge to set aside a noting in default and a default judgement against Intact Insurance Company (“Intact”).  The Plaintiffs, Rade Bijelic … Read more »

Forsythe v Westfall 2015 ONSC 758 – During a road trip through British Columbia, the Ontario plaintiff was riding as a passenger on the Alberta defendant’s motorcycle, when an unidentified motorist swerved into the motorcycle’s lane. Though the vehicle did … Read more »

Lingard v. Milne-McIsaac, 2015 ONCA 213 – This Court of Appeal case arises from a motor vehicle accident which occurred on October 28, 2008. The plaintiff sustained injuries when his vehicle was rear-ended by an uninsured vehicle. The Motor Vehicle … Read more »

Mayco Financial Corporation v. Rosenberg, 2015 QCCA 1231 The new Code of Civil Procedure raises the jurisdictional threshold of the Small Claims Division of the Court of Quebec from $7,000 to $15,000. However, it is not possible to transfer a … Read more »

Fers et métaux américains, s.e.c. v. Picard, 2015 QCCS 2366 Even if an expert makes certain inappropriate comments, and his report includes certain omissions for which he could be criticized, this is not sufficient to automatically disqualify the expert or … Read more »