Knowledge Centre

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Data Breach: What’s ahead for Cyber and Privacy Liability Claims and Coverage

FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:February 2015
AUTHOR: Galan Lund and Tyson Hallan
CATEGORIES:Articles, Coverage, Directors and officers, General, Knowledge Centre, Privacy

Introduction In September, 2014, the home-improvement retail chain, Home Depot, confirmed the theft of customers’ financial information in the United States and Canada.1 Home Depot joins a growing list of high profile companies to have data stolen as the result … Read more »

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Ontario Court of Appeal Clarifies Rules Regarding Contact with Experts

FIRM:Blaney McMurtry LLP
JURISDICTION:Ontario
DATE:February 2015
CATEGORIES:Articles, Knowledge Centre

In January, the Ontario Court of Appeal handed down its highly anticipated decision in Moore v. Getahun. The decision provides much needed guidance for litigators and their clients in relation to the role of counsel in interacting with an expert … Read more »

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A One-Engine Take-off from a Twin-Engine Aircraft… What are the Chances That This is an Accident?

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:February 2015
AUTHOR: Mitch Kitagawa and Madelaine Thurston
CATEGORIES:Articles, Aviation, Knowledge Centre

In Van Berlo v Aim Underwriting Limited, 2014 ONSC 4648, Mr. Van Berlo, the plaintiff, crashed his twin-engine aircraft during a take-off attempt on only one functioning engine. The main issue in this case was whether the crash was an … Read more »

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Third-Party Renter’s Insurer Ordered to Respond

FIRM:Kelly Santini LLP
DATE:February 2015
AUTHOR: Mitch Kitagawa and Brent Craswell
CATEGORIES:Articles, Automobile, Knowledge Centre

In Elias v Koocheck (2014 ONSC 5003), Mosa Moshe rented a car from Aviscar. Reza Koochek was listed as an additional driver on the rental agreement. Mr. Koochek was driving the car when it was involved in a collision. Other … Read more »

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Duty of care still owed to rescuers after end of imminent danger

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:February 2015
AUTHOR: Mitch Kitagawa and Jake Ruddy
CATEGORIES:Articles, Automobile, Knowledge Centre

The decision of Maguire v Padt 2014 ONSC 6099 was a motion for summary judgment brought by the defendant which asked whether, in the aftermath of a motor vehicle accident, a woman sitting in a police cruiser can remain liable … Read more »

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Changes to the Court of Appeal Rules in Alberta

FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:February 2015
CATEGORIES:Articles, General, Knowledge Centre

Effective September 1, 2014 The Alberta Rules Of Court Amendment Regulation (AR 41/2014) brought into force the new Alberta Court of Appeal rules (the “New Rules”), which form Part 14 of the Alberta Rules of Court. The New Rules are … Read more »

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Appeals Commission Confirms Bar on Claims From Coworkers Following MVA

FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:February 2015
AUTHOR: Nanette Kufeldt
CATEGORIES:Articles, Automobile, Knowledge Centre

The driver of the insured vehicle was involved in an accident after leaving a worksite. The insured had two passengers/coworkers with him who were injured as a result of the accident. In separate rulings for each of the passengers, the … Read more »

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Claim Against Bar Owner For Injuries Ends With Summary Dismissal

FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:February 2015
AUTHOR: Kunal Nand
CATEGORIES:Articles, Knowledge Centre, Liquor Liability, Personal Injury

In Harding v Hudsons Canadian Hospitality Ltd, 2015 ABQB 38, CBM Lawyers successfully defended an Edmonton bar in a claim for injuries arising from a patron-patron assault. The claim was dismissed following a summary judgment application on the grounds that … Read more »

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Priority Dispute: Third Party Vehicle Renter vs. the Defendant Vehicle Owner

FIRM:Blaney McMurtry LLP
JURISDICTION:Ontario
DATE:January 2015
CATEGORIES:Articles, Automobile, Knowledge Centre

In a very recent decision – Elias v. Koochek – the Court addressed the issue whether the insurer of a renter of a vehicle who is not named as a defendant in the main action, but has been brought into … Read more »

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PEI’s Health Services Act exempts QIA reports and evidence from any legal proceeding.

FIRM:Cox & Palmer
JURISDICTION:Prince Edward Island
DATE:January 2015
AUTHOR: No Author
CATEGORIES:Articles, Health law, Knowledge Centre, Medical Examinations

Carter (Estate), 2014 PESC 24. Carter’s Estate brought an action against the Queen Elizabeth Hospital (“QEH”) claiming negligence in Carter’s treatment. The QEH contracted with an external physician to conduct an independent review of the circumstances leading to Carter’s death … Read more »

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