On April 10, 2013 Bruce J. MacLeod successfully defended Winsport (Canada Olympic Development Association) in a claim involving a snowboarder suffering significant injuries in the ½ pipe feature of the terrain park. After hearing all of the evidence, the Defendant was found wholly successful and costs were payable by the Plaintiff to the Defendant. Kerr v. Canada Olympic Development Association.
In Allen v. Gray, 2012 ABQB 66, Domenic Venturo, Q.C. and Katrina Edgerton-McGhan were successful in an application for an Order declaring the Plaintiff to be a vexatious plaintiff pursuant to s. 23.2 of the Alberta Judicature Act. As a result, the Plaintiff in that action must seek leave of the court in order take any further steps in such action, any other existing action or to commence any new action. In a Memorandum of Judgment filed May 22, 2013, Ms. Allen’s appeal was dismissed for want of prosecutio. Click here to read the decision.
In the recent decision of the Court of Queen’s Bench in Chouhan v. Canada Safeway Ltd. and McNeice Landscaping Ltd., 2012 ABQB 7, Marney Lutz successfully defended McNeice Landscaping Ltd, a snow removal contractor who were sued, along with Canada Safeway Ltd. by the Plaintiff who claimed injury when she fell and broke her leg in front of a Safeway store prior to the store opening. The fall occurred when the Plaintiff approached the entrance to the Canada Safeway store while McNeice was in the process of completing snow removal work. The case against McNeice was dismissed, and a finding was made that McNeice performed its work in a reasonable and appropriate manner, and in accordance with its’ contractual obligations. The claim against Canada Safeway was also dismissed.
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