Written on March 29, 2012.
In the recent Alberta case of 321665 Alberta Ltd. v. ExxonMobil Canada Ltd., 2012 A.J. No. 142, Alberta Court of Queen’s Bench, R.P. Belzil J. denied a Plaintiff the interest on a litigation loan, who litigated for 14 years and won a $6 million dollar Judgment, including $1 million for Punitive Damages. The reasons why […]
Written on March 29, 2012.
The last of the appeal materials have now been served and are on their way to be filed with the Supreme Court of Canada. For those unfamiliar with the appeal, the Defendants (Region of Halton and Town of Milton) have filed an Application for Leave to Appeal with the Supreme Court of Canada, hoping to […]
Written on February 13, 2012.
A recent decision of the British Columbia Supreme Court highlights the limited coverage that is available for aviation accidents through some life insurance policies (McLean v. Canadian Premier Life Insurance Co., [2012] B.C.J. No. 198). On August 3, 2008, the plaintiff’s husband Mark McLean, and four others, were killed as a result of the crash […]
Written on January 30, 2012.
The Saskatchewan Provincial Court has sentenced a pilot to a term of 9 months imprisonment following a tragic accident on May 10, 2010. The pilot, Parker Butterfield, pled guilty to dangerous operation of an aircraft causing death, contrary to section 249(4) of the Criminal Code. Butterfield and the victim, William Bleach, were both commercial pilots employed […]
Written on January 9, 2012.
The Supreme Court of Nova Scotia has become the latest Canadian Court to strictly uphold the two year limitation period found in the Montreal Convention. In Lemieux v. Halifax International Airport Authority, 2011 NSSC 396, the plaintiff fell on the apron at Stanfield International Airport while boarding an Air Canada flight. She sued both Air Canada […]
Written on January 4, 2012.
The Canadian Transportation Agency (“CTA”) released a decision on January 3, 2012 dismissing a complaint by an airline passenger seeking to establish that he was disabled due to his height. The passenger, Malcolm Johnson, is 202 cm or about 6 feet 7 and ½ inches tall. He asked the CTA to order Air Canada to […]