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Searching Content indexed under Professional Negligence by Gowling WLG ordered by Published Date Descending.
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1
Skiers Beware: Limitations Of Liability On Lift Ticket Upheld
a recent decision, the British Columbia Supreme Court dismissed a claim brought against a ski resort by a guest who suffered catastrophic bodily injuries
United States
2 Jul 2019
2
Liability For Sports Organizations In The Diagnosis And Treatment Of Concussions
The perception of head injuries in sports has undergone a sea change with advancements in research of traumatic brain injuries and related long-term effects.
Canada
17 Dec 2018
3
Damages For Negligence? Go Back To Basics...
It is a well-established principle that a successful negligence claim will require a claimant to prove that the defendant's negligence caused the claimant to suffer loss.
UK
13 Dec 2017
4
Saadati v. Moorhead: SCC Clarifies Law On Required Proof Of Mental Injury
A unanimous decision of the Supreme Court in Saadati v. Moorhead1 released on June 2, 2017, clarified the law on the requirements for proof of mental injury in tort cases.
Canada
21 Jun 2017
5
Saadati V. Moorhead: The Repudiation Of A Dubious Perception Of Mental Illness
A unanimous decision of the Supreme Court released on June 2, 2017, filled a void in tort law when the Court stated that proof of a recognized psychiatric injury is no longer a precondition for...
Canada
20 Jun 2017
6
SAAMCO Revisited - What Losses Will A Negligent Professional Be Liable For?
In its decision last week in BPE Solicitors and another v Hughes-Holland (in substitution for Gabriel) [2017 UKSC 21, the UK Supreme Court revisited the leading case in this area, SAAMCO.
UK
6 Apr 2017
7
Accountability - January 2017
Gowling WLG's dedicated professional liability team bring you their regular update on the cases and issues affecting accountants and other financial professionals on a range of liability risk management issues.
Canada
16 Jan 2017
8
SCC Clarifies That Adverse Inference Regarding Causation In Medical Negligence Actions Is In Discretion Of The Trial Judge
In the recent case of Benhaim v. St-Germain (2016 SCC 48), the Supreme Court of Canada clarified that in medical negligence cases in which the defendant's negligence is alleged to have undermined...
Canada
29 Dec 2016
9
Adjudication Scheme For Professional Negligence Claims
A revised adjudication scheme for professional negligence claims has been launched recently, updating the original scheme that was launched in May 2015.
UK
31 Aug 2016
10
Accountability - May 2016
Gowling WLG's dedicated professional liability team bring you their regular update on the cases and issues affecting accountants and other financial professionals on a range of liability risk management issues.
Canada
9 Jun 2016
11
Measure Of Damages In Negligence And The Duty To Mitigate
The Court of Appeal has provided a helpful reminder that the general rule regarding recovery of damages in claims for negligence should not be applied mechanistically.
UK
25 Apr 2016
12
Accountability - April 2016
Gowling WLG's dedicated professional liability team bring you their monthly update on the cases and issues affecting accountants and other financial professionals on a range of liability risk management issues.
Canada
21 Apr 2016
13
When Is Incivility Professional Misconduct? The Appeal Decision In Groia V. The Law Society Of Upper Canada
On Feb. 2, 2015, the Ontario Divisional Court rejected Joseph Groia’s appeal of professional misconduct findings that have been the subject of much discussion and debate in legal and business circles across Canada.
Canada
20 Feb 2015
14
The Increasing Scope Of Auditors' Negligence: "Livent Inc. v. Deloitte & Touche LLP"
Deloitte & Touche was found liable for $85 million for its negligent audits of Livent Entertainment of Canada Inc. in 1996 and 1997.
Canada
14 May 2014
15
But My Broker Never Told Me The Jewels Weren’t Covered!
The facts of Bronfman v. BFL Canada Risk, (2013) ONSC 5372 appear to be taken from the script of a Hollywood movie.
Canada
8 May 2014
16
Penny Unwise And Pound Foolish: Punitive Damage Awards
The Court of Queen’s Bench for Saskatchewan has sent a strong message to insurance companies in a recent decision by setting new high-water marks for punitive damage awards.
Canada
23 Apr 2013
17
Penny "Unwise" And Pound Foolish: Punitive Damage Awards
A discussion on a recent case, where the Court of Queen’s Bench for Saskatchewan has sent a strong message to insurance companies, by setting new high-water marks for punitive damage awards.
Canada
22 Apr 2013
18
Assault Is No Accident: Court Drives Towards Clarity For Auto Insurers
A discussion on a decision which clarifies how to determine whether injuries are covered by Ontario’s Statutory Accident Benefits regime or the indemnification provisions of the Insurance Act.
Canada
25 Feb 2013
19
Shaver v. The Co-operators: Court Of Appeal Stays The Course On SEF No. 44 Limitation
The Alberta Court of Appeal has maintained a cautious and sensible approach to the interpretation of the "discoverability" limitation in paragraph 6(c) of Family Protection Endorsement SEF No. 44.
Canada
25 Feb 2013
20
XClaimTM - Portfolio Claims Management Is An Insurer Liable For Its Broker's Negligent Advice To An Insured?
The Ontario Superior Court of Justice’s recent decision in a case called Ostenda v. Miranda 2012 ONSC 7346 will be of interest to insurers which use brokers as their distribution channel.
Canada
11 Jan 2013
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