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Searching Content indexed under Litigation, Mediation & Arbitration by Field LLP ordered by Published Date Descending.
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Date
1
Minor Injury Regulation Changes
Changes to the Minor Injury Regulation (AR 123.2004) ("MIR") are expected shortly, which clarify certain misinterpretations of the wording of the MIR to date.
Canada
24 May 2018
2
What Is The Duty Of Care Owed By Bailee Of A Vehicle To Innocent Third Parties On The Road?
Does a garage owner owe a duty of care to a third party who comes onto the businesses private property, steals a vehicle and is injured in a subsequent motor vehicle accident?
Canada
22 May 2018
3
Case Summary: Core Ventures Inc v Trio Chute Inc (Aluminum Planet)
Where the lease specifies that the Landlord is obligated to take out fire insurance, the tenant is presumed to generally from the insurance proceeds (even where the fire is caused by the tenant's negligence) ...
Canada
17 May 2018
4
Case Summary: Tuffnail et al v Meekes et al
A claimant is not required to sue all tort-feasors in order to collect under the OCPF 44 Endorsement (and the Alberta SEF 44 Endorsement).
Canada
17 May 2018
5
Case Summary: Biggar v. Enns
The Plaintiff and Defendant were long-time friends on a two-week motorcycle trip through the Western United States in August 2014.
Canada
17 May 2018
6
Case Summary: Nasr Hospitality Services Inc. v Intact Insurance
Nasr Hospitality Services Inc. [NHS] was flooded January 31, 2013 in Ontario. The loss was immediately reported to the insurer, Intact.
Canada
17 May 2018
7
Case Summary: Glover v. Leaky
An admission of liability in an action is not a formal admission binding the party making it in a subsequent action relating to the same accident, but is only evidence in the second action to be attributed...
Canada
17 May 2018
8
Case Summary: Tree-Techol Tree Technology And Research Co. v Via Rail Canada Inc.
An Insured has no obligation to include an Insurer's subrogated claim in an action to recover losses in excess of its insurance coverage.
Canada
17 May 2018
9
Case Summary: Stefanyk v Sobeys Capital Incorporated
A tenant of a shopping centre may be an "occupier" of a sidewalk in front of its leased premises in some circumstances, or owe visitors a common law duty of care regarding same ...
Canada
17 May 2018
10
Case Summary: Jones v. I.F. Propco
An Ontario court declined to order a personal injury Plaintiff who had posted pre-accident activities on her public Facebook profile to produce her private profile, even where she planned to call...
Canada
17 May 2018
11
Rolling The Dice On Costs Of Estate Litigation
Alberta Courts have been busy on the topic of costs in estate litigation in the past few months
Canada
21 Mar 2018
12
Unauthorized Practice: Strategies That Work
Regulators have an obligation to protect the public from unqualified, unauthorized persons practicing the profession
Canada
20 Mar 2018
13
Case Summary: Valard Construction Ltd. V Bird Construction Co.
Supreme Court of Canada finds obligee/trustee under a Labour and Material Payment Bond breached the fiduciary duty owed to a claimant by failing to disclose existence of the Bond.
Canada
2 Mar 2018
14
Case Summary: Aviva Insurance Company Of Canada V Intact Insurance Company
The Court held that a duty to defend was triggered by pleadings alleging an escape of fuel oil onto neighbouring property despite a pollution exclusion clause in the policies ...
Canada
1 Mar 2018
15
Case Summary: Halley v McCann
Where a hospital employee leaked the fact that the Plaintiff patient to family members, she was held liable for the tort of publication of embarrassing facts and damages of $7,500 were awarded...
Canada
28 Feb 2018
16
Case Summary: Vanderveen v Waterbridge Media Inc.
None of the exceptions mentioned earlier based on the public's right to Information is applicable here.
Canada
28 Feb 2018
17
Case Summary: Stefanyk v Stevens
A tenant was found to be an "occupier" of its premises and potentially liable when a dog lunged at a party on the adjacent sidewalk, causing her to fall on the basis of allegedly having allowed....
Canada
28 Feb 2018
18
Case Summary: Hartley v Security National Insurance Company
The Hartleys retained Minnesota counsel and sued the State of Minnesota for damages.
Canada
28 Feb 2018
19
Case Summary: Alberta v Suncor Energy Inc.
Documents generated for an internal investigation of an accident can be protected by litigation privilege if they were created for the dominant purpose of litigation but that does not mean...
Canada
28 Feb 2018
20
Case Summary: Cardinal v Alberta Motor Association Insurance Company
The SEF 44 Endorsement is not a standalone policy and exclusions in the underlying policy apply to it such that a claimant passenger of a stolen vehicle is entitled to benefits if he/she did not know nor...
Canada
28 Feb 2018
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