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Blog
Plaintiff fails to prove notary public's error was the cause of losses from real estate transaction
Friday, February 17, 2023James R.G. CookLitigationBritish Columbia, Real Estate, Negligence, Professional Negligence
In a professional negligence claim, a plaintiff must establish not only that a defendant breached the applicable standard of care but that the breach was the factual cause of the losses being claimed. Depending on the...
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Amendments to professional negligence claim denied following tardy expert report
Monday, November 21, 2022James R.G. CookLitigationRules of Civil Procedure, Negligence
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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Negligence claim against lawyer who obtained restraining order against a non-party dismissed
Thursday, October 27, 2022Stephen A. Thiele, Anna Husa, Gavin J. Tighe, K.C.LitigationNegligence, Professional Liability, Duty of Care, Non-client
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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“Plausible inference” test affirms that plaintiffs must exercise reasonable diligence to discover claims
Friday, July 30, 2021James R.G. CookLitigationNegligence, Limitation of Actions Act
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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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
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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Recent treatment of the duty to defend in Ontario courts
Tuesday, April 6, 2021James R.G. Cook, Kenneth JullLitigationInsurance Law, Negligence, Ontario Court of Appeal, Insurance Policy, Policy, Class Action
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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