Product liability claims are often rooted in provincial sale of goods legislation. Sale of goods statutes afford consumers a set of protections, which are fairly uniform across jurisdictions. Depending on the circumstances of the case, a manufacturer faced with a sale of goods claim may have a number of available defences. The absence of contractual […]
Introduction Product liability law is the name placed on a combination of several branches of the law, including contract, tort, government regulation, damages, and insurance. It is based on the theory that consumers rely on producers and sellers to ensure products are safe for use. This leads to a wide range of claims, issues and […]
The recent decision of the Nova Scotia Supreme Court in Saccary v Vonhammerstein presents an interesting issue on independent medical examinations (IMEs) at the request of Section A insurers.
The Nova Scotia Supreme Court has decided that Canada Pension Plan disability benefits are not deductible from damages of future income loss or lost earning capacity arising from a motor vehicle accident. The recent decision of the Supreme Court of Nova Scotia in Holland v Sparks1 decides a question of law on whether s.113A of the Insurance Act applies to future Canadian […]