INSURANCE ISSUES
A. In a commercial lease, the covenant of the tenant to insure the landlord along with itself fixes the tenant with the risk of loss. Failure to add the landlord to the policy, as required by the lease, does not allow the tenant to escape liability
Deslaurier Custom Cabinets Inc. v. 1728106 Ontario Inc., 2016 ONCA 246, per Cronk J.A. [4195]
Read MoreII. LIABILITY ISSUES
A. Reverse Onus Provisions of the Traffic Safety Act: Section 186 of the Traffic Safety Act applies over Section 185 in accidents involving a motorist and a non-motorist (such as a pedestrian or cyclist). Section 185 applies to accidents between motorists
Bradford v. Snyder, 2016 ABCA 94 [4190]
B. There is no vicarious liability for an occupier of land for the negligence of an independent contractor on the basis of agency
Heikkila v. Apex Land Corporation, 2016 ABCA 126 [4191]
C. In cases involving injuries caused by one player to another during a sporting event, there must be a deliberate intent to cause injury or reckless disregard for liability to be found
Henderson v. Canadian Hockey Assn Inc., 2016 MBQB 51, per McCawley J. [4192]
D. Canadian court recognizes new tort of public disclosure of embarrassing private facts and awards damages totaling $100,000 and issues an injunction against the Defendant
Jane Doe 464533 v. D.(N.), 2016 ONSC 541, per Stinson, J.
Read MoreII. QUANTUM/DAMAGES ISSUES
A.Quantification of a loss of future income earning capacity on the capital asset approach must take into account negative contingencies, even where the loss cannot be calculated by a mathematical approach
Dunbar v. Mendez, 2016 BCCA 211, per Harris, J.A. [4193]
IV. PRACTICE ISSUES
A. While the verdict of a criminal case can preclude the litigation of the issues involved in that criminal case in the related civil proceeding, issues that were not involved or decided in the criminal case (such as contributory negligence and the apportionment of civil liability) can still be litigated in the civil case
Dalrymple v. McKay, 2016 NSSC 95, per Wright, J. [4189]
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
