News
Civil Litigation
A New Tort is Born in Yenovkian v Gulian, 2019 ONSC 7279: Publicity Placing a Person in a False Light
First and foremost – what is a tort? In Canadian Tort Law in a Nutshell, Margaret Kerr, JoAnn Kurtz and Laurence M Olivo provide a helpful definition: The word tort comes...
The Five Ws of Questioning
What is questioning? Questioning is an important part of the pre-trial process of gathering and disclosure of relevant and material information, which may eventually become evidence.
Employers and Vicarious Liability
It is a well-known principle of law that, generally, Employers are liable for the negligence of their Employees. This is known as Vicarious Liability.
Alternative Dispute Resolution
Very few disputes actually end with a decision from a judge, even if they find their way into a courtroom at some point or another. There are a variety of forms of Alternative Dispute Resolution (ADR) available at various points during litigation, and even before it starts.
When A Family Member Takes Care of the Injured Plaintiff: In Trust Claims for Past Cost of Care
When a person is catastrophically injured and requires care, their family members often step in to provide that care, even to the point of needing to quit their jobs to do so.
Structured Settlements
A structured settlement is something that many of our clients consider obtaining at the conclusion of their lawsuit. This article addresses what a structured settlement is, as well as some of the considerations behind choosing a structured settlement rather than receiving a settlement in a lump sum.
The Rule of Discoverability
Time limits to sue are governed by specific legislation with respect to the nature of the claim (e. g.
Time Limits to Sue
A prospective legal claim does not exist in perpetuity unless legal action is taken within the limitation period for doing so. Limitation periods are VERY STRICT.
What is a Contingency Fee Agreement?
A person may retain a lawyer through several different methods, such as a flat fee for legal services, a retainer to pay for legal services on an ongoing hourly basis, or using a contingency fee arrangement.
The Steps in a Civil Action
Introduction Litigation in Alberta is generally a lengthy, complicated process involving several steps. The litigation process can be confusing and intimidating for first-time litigants.