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Processing Errors as a Ground Of Appeal in Medical Malpractice Cases

Acting for an appellant can feel like climbing Mount Everest. Leading judgments from the Supreme Court of Canada make overturning a trial judgment seem insurmountable. InHousen v. Nikolaisen, [2002] 2 S.C.R. 235 (S.C.C.) the Court held that a trial judge’s findings of fact cannot be overturned in the absence of a palpable and overriding error.

Jurisdiction in Tort Actions After The Muscutt Quintet

Overview In its groundbreaking decision in Morguard Investments Ltd. v. De Savoye, [1990] 3 S.C.R. 1077 on the enforcement of interprovincial judgments, the Supreme Court of Canada emphasized the need for “order and fairness” in the assumption of jurisdiction over a defendant resident outside the jurisdiction. The court held that there must be a “real and

The Use Of Juries In Long-Term Disability Claims

Overview The Courts of Justice Act, section 108(2)10 provides that “The issues of fact and the assessment of damages in an action shall be tried without a jury in respect of a claim for any of the following kinds of relief: 10 declaratory relief.” Typically, in actions for payment of long-term disability benefits, a claim

The Simplified Procedure In Long-Term Disability Claims

Overview The Simplified Procedure provided for in Rule 76 of the Rules of Civil Procedure was introduced into our litigation system in 1996 and expanded in 2002 to encompass claims for up to $50,000.00. The purpose of the Simplified Rules is to reduce the procedure and attendant cost associated with such claims and thereby promote