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Searching Content indexed under Professional Negligence by Borden Ladner Gervais LLP ordered by Published Date Descending.
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1
Court Of Appeal Comes Full Circle In New Decision On "Boomerang" Summary Judgment
Mr. Drummond was injured when he tripped over a skateboard in a shopping mall that was managed by Cadillac Fairview. He started an occupier's liability action against the defendant
Canada
20 Jun 2019
2
Summary Judgment Denied On Limitations Issue With Limited Record – Cash Store's Professional Advisors Must Proceed To Trial
The plaintiff 1511419 Ontario Inc., formerly known as the Cash Store Financial Services Inc. ("Cash Store"), has sued its former auditor, KPMG LLP; financial advisor, Canaccord Genuity Corp.;
Canada
7 May 2019
3
Top Five Legal Tips For The Health And Wellness Industry
Lawsuits involving the health and wellness industry happen, though they are not often the subject of reported decisions in Canada. It is crucial for regulated health professionals,
Canada
23 Apr 2019
4
SCC Denies Leave To Appeal: Issue Of Vicarious Liability In WCB Vehicle Collision Claim
On February 14, 2019, the Supreme Court of Canada denied leave to appeal the Alberta Court of Appeal's decision in McIver v McIntyre, 2018 ABCA 151 (McIver).
Canada
6 Mar 2019
5
Bennett v. Hydro One: The Divisional Court Cuts The Power To A Systemic Negligence Class Action
On December 31, 2018, the Divisional Court released its decision in Bennett v. Hydro One Inc. et al with respect to the appeal of the dismissal of a motion for certification of the action as a class proceeding.
Canada
11 Feb 2019
6
Developmental Services Waitlist Class Action Versus Ontario Government Achieves Certification
Belobaba J. recently certified a proposed class action against the Ontario government over the operation and administration of a provincial social assistance program for developmentally disabled persons.
Canada
22 Jan 2019
7
Ontario Superior Court Filters Out Proposed Medical Implant Device Class Action
It is often said that product liability cases are ideal for class treatment.
Canada
18 Dec 2018
8
Court Of Appeal Holds: Senior Manager Negligent In Performing His Leadership Duties Entitled To No Indemnity In Lieu Of Prior Notice
In the case of Garneau c. Gestion Universitas inc., 2018 QCCA 1525, the plaintiff — an actuary who held a senior management position as Chief Executive Officer (CEO) — was dismissed by his employer...
Canada
8 Nov 2018
9
Auditor Liability Revisited: Lavender v. Miller Bernstein LLP
Several common issues were certified on consent, including inter alia whether the auditor owed a duty to the class and, if so, whether it breached that duty.
Canada
12 Sep 2018
10
Lawyers Beware: The Court Splits On The Principles To Be Applied For Damages For Economic Loss In Recent Professional Negligence Case
The Alberta Court of Appeal recently considered economic loss as it relates to a solicitor negligence claim.
Canada
11 Sep 2018
11
Negligent Investigation Claim Against Police Dismissed In Child Sexual Assault Case
In the recent decision of J.H. v. Windsor Police Services Board et al., 2017 ONSC 6507, the Windsor Police Services Board successfully brought a motion for summary judgment against the plaintiff...
Canada
30 Jan 2018
12
Negligent Investigation Claim Against Police Dismissed In The Context Of Full Investigation
An officer was dispatched to follow up on the report and gather information concerning the complaint.
Canada
29 Jan 2018
13
Ontario Court Of Appeal Determines That GARA Is Not Applicable In Ontario Proceeding
The General Aviation Revitalization Act of 1994 ("GARA"), Pub. L. 103-298, Aug. 17, 1994, 108 Stat. 1552 is an American federal statute that imposes an 18-year final limitation period on all civil actions...
Canada
26 Apr 2017
14
Ontario Court Of Appeal Identifies "Potential Danger" In Moving For Summary Judgment
The Court of Appeal for Ontario released its decision last week in Canadian Imperial Bank of Commercie v. Deloitte & Touche.
Canada
24 Feb 2017
15
Ontario Court Of Appeal Upholds Finding Of Liability Against Municipal Bus Which Entered Intersection On A Green Light
The underlying claim involved a serious accident between a public transit bus and an SUV which resulted in the death of three of the SUV's occupants...
Canada
5 Jan 2017
16
Court Allows Police Crossclaim Against Crown Attorneys To Continue
After a murder charge against him was dismissed, the plaintiff commenced an action against the Attorney General, individual Crown Attorneys and police officers involved in the related "Mr. Big" investigation...
Canada
22 Dec 2016
17
J.J. V. C.C.: Court Of Appeal Finds Garage And Car Dealership Owed Duty Of Care To Minor Who Stole Vehicle From Premises
In a recent decision, J.J. v. C.C., 2016 ONCA 718, the Ontario Court of Appeal found that a garage and car dealership owed a duty of care to a minor who was injured...
Canada
16 Nov 2016
18
Court Dismisses Track Student's Negligence Lawsuit Against School Board, Track Coach And Principal
The Ontario Superior Court of Justice issued a decision dismissing a lawsuit against Peel District School Board, a principal and track coach.
Canada
26 Oct 2016
19
Court Of Appeal For Ontario Overturns Finding Of Negligent Investigation 495793 Ontario Ltd (Central Auto Parts) V Barclay, 2016 Onca 656
The Court of Appeal for Ontario recently canvassed the law relating to the tort of negligent police investigations and confirmed the "general rule" that expert evidence will be necessary...
Canada
19 Oct 2016
20
Court Of Appeal Rules That Defendants Require Expert Evidence In Moving For Summary Judgment To Dismiss A Medical Malpractice Claim
The defendants could not simply rely on the plaintiff's failure to deliver an expert report as a basis for the dismissal of the action.
Canada
10 Aug 2016
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