Bar fights – You cannot blame the bar May 16, 2015 Nabeel Peermohamed Even when a bar fight can be seen coming from a mile away, fuelled by patrons who had been exhibiting “anti-social behaviour,” an Alberta court ruling says the bar cannot be held liable for the injuries that ensue, writes Nabeel Peermohamed.
Slips and falls: Tenants not liable for common areas April 02, 2015 Nabeel Peermohamed If a visitor slips and falls in the common area of a condo I’m renting, am I responsible? Not according to the Alberta Court of Appeal’s decision in Murkute, says Nabeel Peermohamed of Brownlee LLP, in a look at the case.
Stout v. Track: The minority mathematician April 02, 2015 Nabeel Peermohamed The Alberta Court of Appeal reached a majority decision in Stout v. Track to uphold summary dismissal of the case. Justice Wakeling’s mathematical approach for placing upper and lower percentage bounds for a claim’s likelihood of success…
New Brunswick sets new discount rate March 30, 2015 Darren G. Blois Darren G. Blois, with Murphy Collette Murphy in N.B., looks at the province’s new discount rate rule which allows plantiffs to lead “evidence to the contrary” about whether an actual discount rate is above or below the statutory 2.5 per cent.
Message from the Chair November 01, 2014 Daniel Glover Section Chair Daniel Glover talks about his proposal that the Section begin exploring “a regular dialogue” with the CBA Judges Forum, with the aim of having litigators and judges "working together in a spirit of collegiality."
CBA interventions: A litigation perspective November 01, 2014 David Demirkan Section Vice-Chair David Demirkan looks at CBA interventions – how the association decides (or decides not) to intervene in cases before the SCC, and provides some background perspective on those decisions in two recent cases, Nadon and Chevron.
Invasion of Privacy in New Brunswick: Toward the recognition of a new tort? November 01, 2014 Basile Chiasson, Q.C. The Charter protects the right to privacy in public law when the state is involved. This article discusses how concerns about privacy protection become greater as the means to access and intrude in personal information increase.
Using social media in Canadian litigation November 01, 2014 Jason Kully Social media is a growing presence in Canadians’ lives, and social media evidence is a growing presence in Canadian courts. Jason Kully discusses the intersection – and the paradox – of public spaces and private information.
Message from the Chair May 01, 2014 Bill Veenstra Civil Litigation is one of the largest Sections within the CBA, but given the provincial nature of most civil litigation practice, and the differing procedural and substantive rules across the country, many members focus their involvement locally…
Reference, re Justice Nadon: lessons in intervention May 01, 2014 Daniel Glover It will take more than an act of Parliament to change the rules regarding who is eligible to sit on the SCC, the court said in a March 21, 2014 response to the federal government’s attempt to appoint a Federal Court judge from Quebec to the bench.