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September 5, 2017

The British Columbia Court of Appeal recently held that household chores performed as children and teenagers are not compensable unless they are exploitative or manifestly detrimental to the health and wellbeing of the child or teenager.

In McDonald Estate, four siblings grew up on a family dairy far...

July 12, 2017

Is mental injury in a personal injury claim compensable despite lack of a medical diagnosis of a psychological condition?  On June 2, 2017, Canada’s top court affirmed it is. 

In Saadati v. Moorhead, 2017 SCC 28, the plaintiff claimed psychological injuries from one of five motor vehicle acciden...

February 28, 2017

After-the-Event Insurance

After-the-event insurance or “ATE insurance” is a fairly new product in Canada available to plaintiffs in personal injury claims.  Unlike before-the-event insurance which is purchased in advance and covers costs for disputes arising within the coverage period, ATE insurance...

November 17, 2015

Does a trial judge have jurisdiction to award or deny costs of an interlocutory application heard by a different presider?

 

The above question recently arose in the context of an action in damages for personal injuries suffered in a motor vehicle accident.  The plaintiff had served the defendant with...

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