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Solidary Responsibility When There are Several Defendants, Faults, and Injuries: Playing Short-Handed?
  • Fasken
  • Canada
  • June 19 2018

Should rioters be held solidarily liable for the whole of the damage done to a patrol car, whether because they had "jointly taken part in a


Municipality Slides Away from Liability... Again
  • Borden Ladner Gervais LLP
  • Canada
  • June 13 2018

In the recent decision of Martin v. Barrie (City), 2018 ONCA 499, the Court of Appeal upheld the trial judge’s decision confirming that the standard


Case Summary: The insured sought coverage under his Ontario automobile insurance policy following an accident on an uninsured ATV in British Columbia. The ATV was not covered by the policy because the ATV was not an “automobile” under the Ontario policy.
  • Harper Grey LLP
  • Canada
  • June 12 2018

The insured was a passenger on an ATV in British Columbia when he fell off the ATV. The ATV was owned by a resident of British Columbia and the owner


Supreme Court of Canada Confirms Fine Against Company in Forest Worker’s Death
  • Borden Ladner Gervais LLP
  • Canada
  • June 4 2018

A recent decision by the Supreme Court of Canada confirmed the broad powers of the B.C. Workers Compensation Board to adopt and enforce regulations


Supreme Court of Canada Reinforces Reasonable Foreseeability of Harm as Critical Limiting Principle in the Law of Negligence
  • Borden Ladner Gervais LLP
  • Canada
  • May 17 2018

A recent decision of the Supreme Court of Canada, Rankin (Rankin’s Garage & Sales) v. J.J., 2018 SCC 19, reinforces that foreseeability of harm


Case Summary: Elevator maintenance company required to defend owner and property manager of building based on covenant to insure in contract with property manager
  • Harper Grey LLP
  • Canada
  • May 8 2018

The plaintiff sued the owner, property manager, and elevator maintenance company of a residential apartment building following an accident as she


Statutory Deductible Significantly Reduces Jury Award in Recent Post-Trial Ruling
  • Borden Ladner Gervais LLP
  • Canada
  • May 3 2018

On April 4, 2018, the Ontario Superior Court released a post-trial ruling in A.B. v. Waite, 2018 ONSC 2151. The Court reduced the jury verdict of $118


The Occupiers’ Liability Act Takes A Bite Out Of The Consumer Protection Act, 2002
  • Lerners LLP
  • Canada
  • April 13 2018

Operators of ski hills, and other land owners, can breathe a little easier. In Schnarr v. Blue Mountain Resorts Ltd.,1 the Court of Appeal confirmed


Insurer Obtains Assignment of Long-Term Disability Benefits Following Motor Vehicle Accident Trial
  • Borden Ladner Gervais LLP
  • Canada
  • April 12 2018

On April 5, 2018, Madame Justice Sylvia Corthorn released a post-trial ruling in Nemchin v. Green, 2018 ONSC 2185, awarding an insurer an assignment


Case Summary: The insurer was added as a defendant to an action after the limitation period running from the date of the motor vehicle accident had expired due to discoverability issues but the insurer was at liberty to plead a limitation defence
  • Harper Grey LLP
  • Canada
  • April 10 2018

The plaintiffs were passengers on a bus on June 13, 2014 and were injured when the bus made an abrupt stop. On January 18, 2016, the plaintiffs