Emerging Trends: Artificial Intelligence

Artificial intelligence, or AI, is the use of computers or machines to simulate human cognitive activities, including performing problem-solving, decision-making, and analyzing. The idea of having machines work for the benefit of humankind has existed for centuries, although the term “artificial intelligence” was not coined until the 1950s. Even then, however, the concept was largely relegated to science fiction and fantasy. Recently, however, there has been discussion about the practical applic...
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Case Commentary: Plante v Darling, 2023 ABKB 335

In the recent decision of Plante v Darling, 2023 ABKB 335, the Alberta Court of King’s Bench found that the Plaintiff’s claim, which was initiated more than 2 years after the date of the accident, was not statute barred by Alberta’s Limitations Act, RSA 2000, c L-12, on the basis that the Plaintiff's PTSD diagnosis was not discoverable on the date of loss. While the decision is based on Alberta’s legislation, the reasoning and interpretation is likely applicable across the country as most provin...
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Case Commentary: Macpherson v Strait Regional Center for Education, 2023 NSSC 167

A recent decision from the Supreme Court of Nova Scotia on the issue of occupiers’ liability provided further confirmation that an ‘Occupier’ is not guarantor or insurer of the safety of the persons permitted to be on its premises, and that the applicable standard for occupiers’ duty to take care for the safety of such people is one reasonableness, not perfection. In Macpherson v Strait Regional Center for Education, 2023 NSSC 167, the Plaintiff suffered a fall while taking a short cut between ...
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Case Commentary: Flowers v Allterrain Contracting Inc., 2017 NSSC 194

The recent case of Flowers v Allterrain Contracting Inc., 2017 NSSC 194, confirmed that the standard for snow removal and maintenance is reasonableness, not perfection. The standard of reasonableness is measured against the evidence that the Defendant introduces as to what snow removal and maintenance practices are in place. Snow removal practices do not have to be ideal to be reasonable. On February 17, 2010, the Plaintiff slipped and fell on ice when exiting a Wal-Mart store in Halifax. She...
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Nancy Murray, KC, named Best Lawyers® 2017 Halifax Insurance Law “Lawyer of the Year”

Congratulations to Nancy Murray! C3 Legal is delighted to announce that Nancy has been named the Best Lawyers® 2017 Halifax Insurance Law “Lawyer of the Year”. Nancy has also been selected by her peers in the legal community for inclusion in the 2017 edition of Best Lawyers in Canada© for Corporate and Commercial Litigation, Insurance Law, Personal Injury Litigation, and Product Liability Law. C3 Legal is extremely proud to have Nancy as a member of our team, and pleased to see her expe...
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Nancy Murray, KC, named Best Lawyers ® 2016 Halifax Personal Injury Litigation “Lawyer of the Year”

Congratulations to Nancy Murray! C3 Legal is pleased to announce that Nancy Murray has been named the Best Lawyers® 2016 Halifax Personal Injury Litigation “Lawyer of the Year”. Nancy has also been selected by her peers in the legal community for inclusion in the 2016 edition of Best Lawyers in Canada© for Corporate and Commercial Litigation, Insurance Law, Personal Injury Litigation, and Product Liability Law. We are proud to have Nancy as a member of the C3 Legal team and delighted to ...
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Nova Scotia’s new Limitation of Actions Act becomes effective September 1

Nova Scotia’s new Limitation of Actions Act has been awaiting Proclamation since it received Royal Assent on November 20, 2014. The Government of Nova Scotia announced this week that the new Act will be proclaimed and come into effect on September 1, 2015. This will significantly change the civil litigation landscape in this province. A limitation period is the period of time between the date of a person’s injury, loss, or damage and the date after which he or she can no longer bring a claim....
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Litigation Privilege: “Do we really have to show them that?”

Hatch Ltd. v Factory Mutual Insurance Company, 2015 NSCA 60 A necessary part of the civil litigation process is the exchange of documents between parties, which normally occurs after all pleadings are filed. Privileged documents do not have to be produced. Privilege falls into two general categories—solicitor-client privilege and litigation privilege. Solicitor-client privilege is communication between clients and their lawyers for the purpose of obtaining legal advice. Solicitor-client pr...
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Take It To The Limit

The Nova Scotia Bar is anticipating proclamation of amendments to the Limitation of Actions Act, contained in Bill 64, although a date has not been announced and there are currently some further amendments to the final wording under contemplation. The main reform will be the implementation a basic two-year limitation period from the discovery of the cause of action with a 15-year ultimate cutoff from the time the incident occurred (with some exceptions, e.g. sexual abuse, aboriginal equitable...
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The Crowd

A recent Nova Scotia case caught the attention of the insurance community following a decision of the Nova Scotia Supreme Court in Garden View Restaurant v. The Portage La Prairie Mutual Insurance Co. The circumstances of the case are not particularly novel. An oil spill occurred at the Plaintiff’s property after a length of copper pipe was stolen from the heating oil system by vandals. The Defendant insurer denied coverage for remediation of the land under the building affected by the esc...
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