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Recent Blogs

Aviation
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Enforceability of a Waiver of Liability

A British Columbia Court of Appeal decision to enforce a waiver of liability has important implications for aviation related businesses that provide services for extreme sports (Loychuk v Cougar Mountain Adventures, [2012] BCJ No 504) . The case itself involved zip-lining and had no aviation component. However the Court’s analysis could be applied to those involved in Read more...

Municipal
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Supreme Court of Canada set to consider Leave to Appeal Application in Giuliani v. Milton et. al.

The Supreme Court of Canada is now set to consider the Application for Leave to Appeal from the Court of Appeal for Ontario’s decision in Giuliani v. Milton et. al.. The decision by the ONCA issued last December, effectively gutted sections 4 and 5 of the Minimum Maintenance Standards, O.Reg 239/02, and rendered them useless Read more...

Insurance
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To hyperlink or not to hyperlink: SCC addresses defamation in hyperlinks in Crookes v. Newton

In the recent decision, Crookes v. Newton, the Supreme Court of Canada considered whether liability for defamation can ensue from hyperlinking to defamatory material. The court dismissed the appeal and found that Newton had not published defamatory content through hyperlinks. Justice Abella, writing for the majority consisting of six judges, stated the traditional rule used Read more...

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