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ChatJD, the Promises and Problems of AI in Law

Artificial Intelligence has stolen the spotlight of 2023. In particular, ChatGPT has become the fastest-growing application in history, reaching the milestone of 100 million users in its first few months of public availability. While numbers are not proof of anything, they do reinforce what many have been saying since ChatGPT’s release: we may have reached […]

Have Your Contracts Stood Up Against the Pandemic?

The pandemic continues to wreak havoc on many industries. Whether it is supply chain issues, employee absences, or rental disputes, those relationships are all governed by contracts. Halifax litigation lawyer, John Boyle outlines recent court decisions and how to assess your own contracts.

Contractual relationship impacted by COVID-19? Planning on initiating a liability...

In Nova Scotia, generally a person has two years from the date a claim is discovered to begin an action. Those who wait to achieve certainty regarding their claim may find the two year period has already elapsed. In a recent Supreme Court of Canada case the Province of New Brunswick brought a claim against […]

Defences available to manufacturers in product liability claims

Product liability claims are often rooted in provincial sale of goods legislation. Sale of goods statutes afford consumers a set of protections, which are fairly uniform across jurisdictions. Depending on the circumstances of the case, a manufacturer faced with a sale of goods claim may have a number of available defences. The absence of contractual […]

Manufacturers’ Defences to Product Liability Claims

Introduction Product liability law is the name placed on a combination of several branches of the law, including contract, tort, government regulation, damages, and insurance. It is based on the theory that consumers rely on producers and sellers to ensure products are safe for use. This leads to a wide range of claims, issues and […]

Landlord Protection Against Frequent, Short-Term Sublets

As platforms such as Airbnb become ever more popular, tenants will increasingly seek to sublet their units on a frequent, short-term basis – potentially to even turn a profit. Although in principle sublets benefit both landlords and tenants, the unfortunate reality is that if used improperly they can create a major problem for landlords. A recent court decision has provided protection for landlords.

Virtual Court Should Remain a Tool to Benefit Litigants

“Virtual court”, or remote hearings by telephone, video, and communication platforms may have been adopted in response to crisis, but the merits of such technology could open the door to more cost-effective and timely access to justice in the post-pandemic future. 

September 11, 2020

The Potential High Cost of a Small Claims Action

The recent decision of Justice Fred Ferguson, Mercure v Kaat Auto Sales, 2020 NBQB 39 (CanLII), (“Mercure v Kaat Auto Sales”) is another reminder to parties to think carefully before filing a Small Claims action in New Brunswick. Background In New Brunswick, a litigant can commence a Small Claim so long as the monetary amounts […]

SCC Upholds Inter-Provincial Liquor Trade Restrictions: One Man’s Goodbye to...

On April 19, 2018, the Supreme Court of Canada (SCC) released its much anticipated decision in R v. Comeau, i.e. the “beer case”.

April 2, 2015

Recognizing Duty of Honest Contractual Performance

This case provided the Court with the opportunity to address whether there was or should be an over-arching duty of good faith in contract performance, or alternatively if a more limited duty of honest contractual performance should be recognized.