COVID-19 Resource Centre : McInnes Cooper’s Commitment in Action Read More
Team Members ()
Publications ()
News ()
Pages ()
Services ()
Contamination Claims: Long Tails or Just Dogs? Practical and Legal Issues of Litigation Contamination Slow-Leak Cases
Published:
March 6, 2009
Author(s):
“Contamination Claims: Long Tails or Just Dogs? Practical and Legal Issues of Litigating Contaminant Slow-Leak Cases”, Cdn Journal of Insurance Law, Volume 27, Number 5, September, 2009; previous version presented to the Canadian Bar Association (Nova Scotia) Insurance Law Conference, March 6, 2009
Related Publications
-
The Limitation Clock: Supreme Court of Canada Refines Discoverability Rule
Aug 3, 2021
On July 29, 2021, the Supreme Court of Canada refined the test for determining when a plaintiff has discovered a claim for the purpose of a…
Publications -
Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District: 3 Tips to Exercise Contractual Discretion in Good Faith
Mar 1, 2021
The Supreme Court of Canada continues to develop and clarify the organizing principle of good faith performance in contract law. In its 2014…
Publications -
C.M. Callow Inc. v. Zollinger: 3 Tips to Honestly Exercise Contract Rights
Jan 18, 2021
The Supreme Court of Canada, in the 2014 case of Bhasin v. Hrynew, recognized a general organizing principle of good faith performance in…
Publications -
Uber Technologies Inc. v. Heller: One-Sided Standard Form Clauses May Be Unenforceable
Jul 6, 2020
On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller, a much-awaited decision regarding the enforceability of…
Publications -
Callidus Capital Corp: Policing CCAA Proceedings
May 11, 2020
The Supreme Court of Canada recently released a much-awaited decision regarding the Companies’ Creditors Arrangement Act (the “CCAA”).…
Publications -
Coping with COVID-19: The Impact of Public Health Measures on Parenting Orders
May 1, 2020
Parenting during this unprecedented COVID-19 public health crisis is stressful for families. In response to this global pandemic, Federal and…
Publications -
Coping with COVID-19: 3 Legal Remedies for Contractual Liability Risks
Mar 10, 2020
The global COVID-19 (a.k.a. Coronavirus or SARS-CoV-2) outbreak has implications for many commercial relationships, its evolving nature and…
Publications -
Bailey v. Temple: NL Appeal Court Cautions You Don’t Get More Release Than You Bargained For
Feb 14, 2020
NOTE: On July 23, 2021, the Supreme Court of Canada agreed with the Newfoundland & Labrador Court of Appeal’s decision respecting the law,…
Publications -
Compton v. Toyota: N.L. Appeal Court Eliminates the Expert Fact Witness
Jan 14, 2020
On December 23, 2019, the Newfoundland and Labrador Court of Appeal effectively eliminated the category of “knowledgeable fact witness” in…
Publications -
New Brunswick’s Enhanced Money Judgment Enforcement Regime
Nov 18, 2019
Effective December 1, 2019, the New Brunswick government will finally finalize the reform of N.B.’s money judgment enforcement regime with the…
Publications -
It’s Not Fake News: Supreme Court of Canada Confirms Media Doesn’t Get Special Protection from Production Orders in R. v. Vice Media Canada Inc.
Dec 4, 2018
On November 30, 2018, a majority of the judges of the Supreme Court of Canada decided the media doesn’t get any special protection from the…
Publications -
Jurisdiction Over Internet Defamation: Same Law, Different Facts in Haaretz v. Goldhar
Jun 11, 2018
On June 6, 2018, the Supreme Court of Canada considered the test for jurisdiction over an allegedly defamatory Internet article – the…
Publications -
Don’t Bother Asking: Supreme Court of Canada Raises the Bar for Mandatory Injunctions in R. v. Canadian Broadcasting Corporation (CBC)
Feb 15, 2018
Mandatory interlocutory injunctions - court orders, made in the context of a lawsuit, that a party take positive action as opposed to refrain…
Publications -
The Legal Reality: Canadian Appeal Court decides “Virtual Presence” is enough for production order for user information against non-Canadian company in British Columbia (Attorney General) v. Brecknell
Jan 12, 2018
Whether a provincial court will grant police a “production order” under the Criminal Code of Canada requiring a non-Canadian company to…
Publications -
Go Global @ Home: Supreme Court of Canada Confirms Global Order to Remove Internet Content in Google Inc. v. Equustek Solutions Inc.
Jun 28, 2017
On June 28, 2017, the Supreme Court of Canada confirmed a Canadian court can issue an interlocutory injunction (an order requiring an entity or…
Publications -
Like it or Not: Supreme Court of Canada decides class action against Facebook can go ahead in B.C. – despite its terms of use in Douez v. Facebook, Inc.
Jun 23, 2017
On June 23, 2017, the Supreme Court of Canada decided that in a contest between the choice of forum clause in Facebook’s online terms of use…
Publications -
Supreme Court of Canada Puts Insurers on Notice in Saadati v. Moorhead: Proof of a Recognized Psychiatric Injury is Not a Precondition to Recovery
Jun 5, 2017
On June 2, 2017, the Supreme Court of Canada decided that where a plaintiff advances a claim for negligently caused psychological or psychiatric…
Publications -
Dust Off Your Limitation Defence: Court of Appeal Doesn’t Apply Extended Limitation Period in Yarmouth (District) v Nickerson
Mar 15, 2017
On March 9, 2017, the N.S. Court of Appeal stopped building inspection claims in their tracks when it decided that a defence based section…
Publications -
Supreme Court of Canada Says Privilege Wins Again – Twice in Lizotte v. Aviva Insurance Company of Canada & Alberta (Information and Privacy Commissioner) v. University of Calgary
Nov 28, 2016
On November 25, 2016, the Supreme Court of Canada decided privilege wins again - twice. In two separate decisions - Lizotte v. Aviva Insurance…
Publications -
Limitation Periods: Avoiding Hitting the Reset Button in Tuck v. Supreme Holdings
Aug 17, 2016
The Newfoundland and Labrador Court of Appeal recently affirmed the test for confirming a cause of action and thus resetting a limitation period…
Publications -
Supreme Court of Canada Sticks With Presumptive Jurisdiction Tests for Forum Non-Conveniens in Lapointe Rosenstein Marchand Melançon LLP v. Cassels Brock & Blackwell LLP
Jul 19, 2016
On July 15, 2016 the Supreme Court of Canada, in a long-awaited decision, resisted the invitation to re-write the traditional rules for the…
Publications -
A Glimpse Into The Future of Privacy Law: Medical Marijuana Privacy Breach Class Action Lawsuit Can Go Ahead in John Doe and Suzie Jones v. Her Majesty the Queen
Jul 29, 2015
On July 27, 2015, the Federal Court of Canada decided a lawsuit by medical marijuana program participants against the Federal Government…
Publications -
Bad Faith & Production of an Insurer’s Business Information: 4 Key Implications of the NB Court of Appeal’s Decision in Wade v. Wawanesa Ins. Co.
Jul 21, 2015
On July 16, 2015, the New Brunswick Court of Appeal ordered an insurer to produce a significant amount of its financial and business information…
Publications -
Final Form of New NS Limitation of Actions Act: “Sudden Death” Limitation is Out for Personal Injury Claims
Feb 18, 2015
The new NS Limitations of Actions Act – the legislation that determines the limitation period (time limit) in which a lawsuit must be started…
Publications -
Thou Shalt Not Lie: SCC Recognizes New Duty of Honesty in Contract Law in Bhasin v. Hrynew
Nov 14, 2014
On November 13, 2014, the Supreme Court of Canada (SCC) effected a significant development in Canadian contract law by recognizing the…
Publications -
NS Proposes New Limitation of Actions Act: The 3 Top Benefits & The 10 Key Changes
Nov 3, 2014
Note: On November 20, 2014 the NS Government passed the final form of Bill 64, Limitations of Actions Act into law. The final form of the Act…
Publications -
Changes to NB Rules of Court Effective October 1, 2014 Benefit Successful Party
Sep 9, 2014
Effective October 1, 2014, the New Brunswick Rules of Court will change – some Rules for the first time since they came into effect in 1982.…
Publications -
Court Orders Feds to Reconsider Canadian Forces Housing Compensation Policy in Brauer v. The Queen
May 26, 2014
On May 23, 2014 the Federal Court of Canada decided the Federal Treasury Board Secretariat’s interpretation of the policy for compensating…
Publications -
A Practical Analysis of “Material Fact”
May 21, 2013
In its April 2013 decision in Re Stan, the Alberta Securities Commission provides issuers with a practical approach to the assessment of both a…
Publications -
Students with Learning Disabilities Have a Right to Education Comparable to that of the General Student Population in Moore v. British Columbia (Education)
Jan 8, 2013
On November 19, 2012, the Supreme Court of Canada (SCC) unanimously ruled a B.C. public school system’s failure to provide adequate and…
Publications
Stay Updated
Subscribe to McInnes Cooper to stay current with our leading insights on legal updates, trends, news, events, and services.
