Lloyd's Brief: Canadian Legal Perspectives

A collage of construction, railway, canadian flag, wheat and oil rig

May 2015

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Absence of Statutory Warning turns Victory for the Vehicle Leasing Industry into Loss for the Insurer

Jonathan Hodes

In the province of British Columbia, vehicle owners, including leasing and rental companies, are vicariously liable for the negligence of permissive drivers of their vehicles.  Damages recoverable against lessors, however, are capped by statute at CDN $1 million (a provision...

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A Year on the Books: Reflections on Summary Judgment in Alberta

Mark E. Alexander

January 2015 marked the one-year anniversary of the Supreme Court of Canada’s landmark decision in Hryniak v. Mauldin,[1] which clearly articulated a cultural shift aimed at facilitating a fair process for the just adjudication of disputes, with simplified and proportionate...

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Counsel-Expert Communications: Everything Old is New Again

Ana Simões

In December 2014, we had left off with the Ontario Superior Court, in Moore v Getahun[1] (“Getahun”), having decided that the historically accepted practice of counsel reviewing drafts of their expert’s reports should stop, and that all instructions provided by...

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