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ARTICLE · 17 OCTOBER 2016

Court Of Appeal Summaries (October 3- 7, 2016)

Blaney McMurtry LLP
Blaney McMurtry LLP
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J.J. v. C.C., is an interesting case in which the court held that an automotive garage owes a duty to minor children to secure the vehicles on the premises by locking the cars and safely storing the car keys...

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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There were five substantive civil decisions released and summarized this week. The first, J.J. v. C.C., is an interesting case in which the court held that an automotive garage owes a duty to minor children to secure the vehicles on the premises by locking the cars and safely storing the car keys so that impaired minors without driver's licenses cannot easily steal the cars and get into serious accidents. Hoang v. Vicentini was a motor vehicle case that discusses the difference between litigation experts and participant experts (the former needs to prepare a report under the Rules of Civil Procedure, the latter does not) and also conflict of interest issues for defence counsel acting in a reservation of rights situation. Nadeau v Caparelli discusses legal and equitable assignments, when an assignee of a debt can sue in their own name and when they need to name the assignor as a co-plaintiff. Lastly, C-A Burdet Professional Corporation v. Gagnier is an endorsement

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