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Thursday, August 19, 2021 @ 1:45 PM

Associate joins Blaney McMurtry team

Blaney McMurtry welcomed David Leck to the firm as an associate.  ... [read more]

Thursday, August 19, 2021 @ 8:21 AM

Improving protection of temporary foreign workers in Canada Workers protected by hands of protector

Temporary foreign workers (TFWs) play an important role in the Canadian labour market, filling labour shortages and bringing expertise to a range of industries. Despite their significant presence in Canada as well as various legislated workplace rights and protections in place, temporary foreign workers remain more vulnerable to potential abuse and exploitation than their Canadian worker counterparts. ... [read more]

Wednesday, August 18, 2021 @ 8:28 AM

New associate for Lippes Mathias

Lippes Mathias announced that Adam J. Augustyn has joined the firm as an associate in its Albany, N.Y., office. ... [read more]

Tuesday, August 17, 2021 @ 12:24 PM

More on defences available to manufacturers in product liability claims People with packages and form on clipboard with magnifying glass

Absent a contractual relationship, tort law, usually the law of negligence, is the path to recovery in product liability cases. Courts have recognized up to four types of product liability negligence: negligent manufacture, negligent design, negligent failure to warn and claims of pure economic loss for the cost of repairing a dangerously defective product. ... [read more]

Monday, August 16, 2021 @ 3:58 PM

Liberals pledge more cash for pandemic-hit workers and businesses PM Justin Trudeau

The governing federal Liberals are pledging to extend their “Recovery Hiring Program” a further four months to March 31, 2022, if they are re-elected to form government on Sept. 20, 2021. ... [read more]

Friday, August 13, 2021 @ 8:22 AM

Better late than never: Giving effect to will-maker’s intentions, part one Stopwatch with "too late" and "on-time" marked

In a recent decision from the Supreme Court of British Columbia, Justice Simon Coval continued his development of the law of rectification of wills in Simpson v. Simpson Estate, 2021 BCSC 1486. Having recently penned the first decision providing a test for when rectification will be ordered, Justice Coval provides further guidance to litigators by discussing when a late application will be allowed to proceed. ... [read more]

Tuesday, August 10, 2021 @ 3:03 PM

Defences available to manufacturers in product liability claims People with packages and form on clipboard with magnifying glass

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. ... [read more]

Monday, August 09, 2021 @ 8:40 AM

CPP survivor’s benefits not discriminatory on the basis of sex: Federal Court of Appeal Ari Kaplan, Kaplan Law

The Federal Court of Appeal has ruled against a New Brunswick woman who claimed discrimination because she was limited to receiving only one survivor’s pension under the Canada Pension Plan (CPP). ... [read more]

Friday, August 06, 2021 @ 12:31 PM

THE INSURANCE CONTRACT - Interpretation

Appeal by Temple Insurance from a decision ordering it to pay the respondents’ legal costs in defending a third-party claim. Temple provided insurance coverage under a Wrap-Up Policy to the owner, general contractor and subcontractor for property damage claims arising out of the construction of a retirement residence. ... [read more]

Thursday, August 05, 2021 @ 11:12 AM

Court finds actual harm to property required to constitute ‘direct physical loss of or damage’ Lantern-style lights

Is a physical change in property sufficient to constitute “direct physical loss of or damage” to that property or is more required? The B.C. Court of Appeal in Prosperity Electric v. Aviva Insurance Company of Canada 2021 BCCA 237, determined that more is required; specifically, there must be some form of harm to the property to constitute “direct physical loss of or damage” to insured property. ... [read more]