Disclosure of a witness’s contact information to the opposing party: a reminder of the applicable principles

On August 16, 2021, the Court of Quebec (“Court”) rendered a judgment in Unifirst Canada Ltd. c. 9766065 Canada inc., 2021 QCCQ 7946. In the context of a case management hearing, the plaintiff asked the Court that the defendant be ordered to share the contact information of a witness whom the defendant intended to call at trial. The […]

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Biometrics Laws And Regulations Poised To Become A Flash Point For Insurers, Market Watchers Say

Biometric data, such as fingerprint reading and retinal scans, have been around for years. But market watchers say their impact on the insurance industry is just beginning. And in response to recent legal, legislative and regulatory developments, insurers will likely respond by tightening up policy wording and deeper risk management, they said. The first state […]

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Cyber Insurance Claims – New Treatise From Pli Press Offers In-Depth Case And Policy Analysis

The cyber claim landscape is quickly evolving — and escalating. A new treatise published by Practising Law Institute’s PLI Press, Cyber Insurance Claims, Case Law, and Risk Management, provides in-depth case and insurance policy analysis and guidance that can help lawyers and risk managers assess and mitigate cyber risks. The need for this information is more […]

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Supreme Court of NY Decides COVID-19 Related Moratoriums Prohibiting the Cancellation or Non-Renewal of Insurance Policies may be Inapplicable if Notice of Cancellation or Non-Renewal was Provided Before March 29, 2020

On March 29, 2020, Executive Order No. 202.13 (“EO 202.13”) imposed a moratorium on insurers cancelling or non-renewing any property or casualty insurance policies in order to benefit insureds facing financial hardship as a result of the COVID-19 pandemic. Likewise, on March 30, 2020, the New York State Department of Financial Services enacted an Emergency […]

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“Quick Fix” Leads To Liability If Not Done Properly (PA)

In a recent Eastern District of PA case, Zurich Am. Ins. Co. v. A.T. Chadwick Co., Inc., the court denied a third-party defendant’s motion for summary judgment in a construction defect case. The court found that jury could assign a percentage of the blame to the third-party defendant for a “quick fix” gone bad. In this case, […]

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Bowling Alley Strikes Out In Its Attempt To Be Spared Liability (NY)

Plaintiff’s emanated from a slip and fall at the defendant’s bowling alley in Clifton Park New York. Ms. Muscato alleges she slipped and fell causing her injuries because the floor near the ball return was excessively slippery. In defending the action and moving for summary judgment, the bowling alley offered the testimony of its manager who stated […]

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“Quick Fix” Leads To Liability If Not Done Properly (PA)

In a recent Eastern District of PA case, Zurich Am. Ins. Co. v. A.T. Chadwick Co., Inc., the court denied a third-party defendant’s motion for summary judgment in a construction defect case. The court found that jury could assign a percentage of the blame to the third-party defendant for a “quick fix” gone bad. In this case, […]

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Tragedy At CitiField Does Not Create An Unreasonable Duty To The Property Owner (NY)

Antonio Narainasami, decedent, and his friends attended a New York Mets baseball game at Citi Field, and like many New York Mets fans, they decided to leave the game early by the 8th inning, and headed toward the escalators.  The escalators had been turned off at the end of the 7th inning and barricades had been […]

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From idea to reality: Planning a construction project from a legal perspective

This article was first published on Propulsion website, November 2021. We have all, at one time or another, witnessed the poor execution of a great idea. The first film adaptation of Frank Herbert’s masterpiece Dune, by David Lynch in 1984, is a prime example of this phenomenon—but the same thing can happen with construction projects. How can […]

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The coming into force of An Act to modernize the occupational health and safety regime: What you need to know

Bill 59, An Act to modernize the occupational health and safety regime (the “Bill”), was passed on September 30 and assented to on October 6. This is the first major revision in this field in decades. The Bill makes significant amendments to both the Act respecting occupational health and safety (hereafter the “OHSA”) (R.S.Q., c. S-2.1) and the Act respecting […]

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Overview of the recent decision involving Gaspé Énergies

In a voluminous 87-page decision, the Court of Quebec recently overturned a review decision by the Minister of Energy and Natural Resources (hereinafter the Minister). The Court returned the case to the Minister to decide on Gaspé Énergies’ application for authorization to conduct exploratory drilling, taking into account the Court’s reasons for judgment, which found section […]

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