Case Law Highlights the Difficulties of Establishing Liability for Slip...
This newsletter will examine three court decisions that illustrate the challenge of proving liability for slip and fall incidents during Newfoundland and Labrador winters.
Case Law Update: Evans v Avalon Ford Sales (1996) Limited
Earlier this year, the Newfoundland and Labrador Court of Appeal unanimously upheld the decision of the Trial Division in Evans v Avalon Ford Sales (1996) Limited.
Casual Worker Permitted to Sue Employer for Injuries Resulting from...
Workers’ Compensation generally operates like a form of insurance in that it provides wage replacement and medical benefits to employees who are injured in the course of their employment.
Tort of Unauthorized Public Disclosure of Private Facts in State...
We have recently learned that the Ontario Superior Court of Justice will be re-visiting the January 2016 decision granting default judgment in the case of Jane Doe 464533 v. ND.
Supreme Court of Canada Rules Future CPP Benefits Not Deductible...
This case dealt with the narrow issue of whether the value of future CPP benefits are deductible under an SEF 44 claim.
Serious and Temporarily Disabling Injuries Satisfy Definition of Minor Personal...
In the decision of Douthwright v. Duffy, 2015 NBQB 224, the 43 year old Douthwright was injured in a serious roll-over accident. Liability was admitted, but the parties differed on damages.
Terminated Employee Entitled to Bonus Payments
An employee in Ontario was awarded bonus payments for the applicable reasonable notice period following a without cause termination despite the bonus plan’s express terms that personal and company objectives must be met and the employee must be actively employed.
Court Denies Plaintiff’s Application to Add Another Plaintiff
The Health Authority sued a contractor and the City of Corner Brook with regards to damage to a hospital building and its contents, due to flooding from a sewer back-up. In their pleadings, the defendants admitted that the Authority owned the building.
Plaintiff Recovery Limited When Contributorily Negligent
The Nova Scotia Supreme Court recently reaffirmed the law that, in Nova Scotia, where a plaintiff has been found to be contributorily negligent, his or her recovery is limited to the liability apportioned to each defendant individually.
Labour Arbitration: When are Damages in Lieu of Reinstatement an...
In the context of a unionized work environment, it is generally the case that when an employee is found to be terminated without cause, the employee is ordered to be reinstated.