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21 Nov

Amendments to professional negligence claim denied following tardy expert report

Monday, November 21, 2022James R.G. CookLitigationRules of Civil Procedure, Negligence

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Pleadings frame an action and determine the evidence that will be called at trial. The rules of pleadings generally require that... 

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27 Oct

Negligence claim against lawyer who obtained restraining order against a non-party dismissed

Thursday, October 27, 2022Stephen A. Thiele, Anna Husa, Gavin J. TigheLitigationNegligence, Professional Liability, Duty of Care, Non-client

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Causes of action typically require a plaintiff to prove specific elements in order to succeed. In a claim for negligence, the plaintiff must prove (i) that there was a duty of care owed by...

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17 Feb

B.C. Court awards damages arising from liability for foreign buyers’ tax

Thursday, February 17, 2022James R.G. CookLitigationReal Estate, Negligence

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Some Canadian provinces have introduced a “foreign buyers’ tax” in recent years to curb what is perceived as the impact of foreign speculators on over-heated...

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30 Jul

“Plausible inference” test affirms that plaintiffs must exercise reasonable diligence to discover claims

Friday, July 30, 2021James R.G. CookLitigationNegligence, Limitation of Actions Act

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In Grant Thornton LLP v. New Brunswick, 2021 SCC 31 (CanLII), the Supreme Court of Canada determined that a claim by the Province of New Brunswick against Grant Thornton LLP was statute-barred as the...

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9 Jun

Litigant Misses the Cut in Lawsuit After Being Hit in the Head by a Golf Ball

Wednesday, June 9, 2021Stephen A. ThieleLitigationSports, Torts, Negligence, Golf, Sports Law

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Spectating a live sporting event is typically an enjoyable experience. Whether in the arena watching a hockey game or on the course taking in a round of golf, there is a general entertainment value that comes with... 

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6 Apr

Recent treatment of the duty to defend in Ontario courts

Tuesday, April 6, 2021James R.G. Cook, Kenneth JullLitigationInsurance Policy, Ontario Court of Appeal , Negligence, Insurance Law, Policy, Class Action

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Where there is a dispute between an insurer and an insured over the insurer’s duty to defend a claim being made against an insured, the insured will ordinarily need to bring an application for... 

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