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Recent Blogs

Aviation
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Transport Canada Duty of Care amidst NAFTA’s Specialty Air Services regime

Late last month the British Columbia Superior Court released a fascinating decision exploring the possibility that Transport Canada breached a duty of care to aviation passengers despite carefully following applicable regulatory procedures. The case, British Columbia (Workers’ Compensation Board) v Flanagan Enterprises (Nevada) Inc., 2017 BCSC 99, involved a crashed twin-engine Beech “King Air” A90 Read more...

Municipal
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Barbeau v. Kitchener 2017 ONSC 24

A recent trial decision involving a trip and fall on a sidewalk surface discontinuity provides a good example of the right and wrong ways to measure a “tripper”. Although arguably misapplying, (fortunately in obiter), s.16.1 of the MMS and the “2 cm rule”, the Honourable Justice Broad did state that:   “The discontinuity between the Read more...

Insurance
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Barbeau v. Kitchener 2017 ONSC 24

A recent trial decision involving a trip and fall on a sidewalk surface discontinuity provides a good example of the right and wrong ways to measure a “tripper”. Although arguably misapplying, (fortunately in obiter), s.16.1 of the MMS and the “2 cm rule”, the Honourable Justice Broad did state that:   “The discontinuity between the Read more...

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