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Summaries Sunday

Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

This week’s summaries are in Discovery, Divorce, & Liability Insurance

Halifax (Regional Municipality) Pension Committee v. State Street Bank and Trust Co. et al. 2012 NSSC 399
Practice – Discovery – What documents must be produced – Computerized documents or electronic data

The plaintiff managed municipal pension funds. The defendants were an investment manager and a financial services provider. The plaintiff chose a “130/30” investment strategy (short positions to maximum of 30% of portfolio value). A trust agreement settled the funds (approximately $47,000,000) on the defendants to invest in the “Alpha Fund”, a common trust fund controlled by one of the defendants. Custody of, and prime brokerage for, …

D.L. v. M.L. et al. 2011 NBQB 382
Family Law – Divorce – Corollary relief – Maintenance – Child support guidelines (incl. nondivorce cases) – Special or extraordinary expenses (incl. calculation of amount)

A father had three children, one from each of his failed marriages. The father applied from relief from paying full child support and s. 7 (i.e., special) expenses on the ground of financial hardship. The three children’s mothers were the respondents. The New Brunswick Court of Queen’s Bench, Family Division, relieved the father from any obligation …

Danicek v. Alexander Holburn Beaudin & Lang et al. 2012 BCCA 434
Insurance – Liability insurance – Business – Comprehensive policy – Extent of coverage 

A law firm hosted a dinner at a restaurant for its associates and students. After dinner, some of those attending went to a nearby nightclub. A senior associate became intoxicated and while dancing with an articling student fell backwards onto her. The articling student fell to the floor and suffered a “mild traumatic brain injury” which had a “profound” effect on her life. The articling student sued the …

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