2001
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Winter 2001/02 issue of the Expert Witness newsletter (volume 6, issue 4)
Contents: Selecting the Discount Rate – An Update by Christopher Bruce, Derek Aldridge, Scott Beesley, and Kelly Rathje In this article the consultants at Economica have combined to review the most recent information concerning the “discount rate;” that is, the rate of interest at which plaintiffs are assumed to invest their award. Destruction of evidence… Continue reading
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The awarding of costs and payment of legal fees in a case brought before the Court: is there a potential injustice?
This article shows that there may be a potential injustice due to the tax treatment of an employee-plaintiff versus a corporate-defendant. We show that the costs imposed on a losing employee-plaintiff impose a greater burden than the same level of costs imposed on a losing corporate defendant. This is because the employee-plaintiff must such pay… Continue reading
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Destruction of evidence
In this article Christopher Bruce discusses situations in which information required to establish negligence remains in the possession of one of the parties. In the absence of any penalties, a party who believes that this evidence may suggest that he or she should be held liable will have an incentive to destroy the evidence. The… Continue reading
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Selecting the Discount Rate – An Update
In this article the consultants at Economica have combined to review the most recent information concerning the “discount rate;” that is, the rate of interest at which plaintiffs are assumed to invest their award. Continue reading
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Autumn 2001 issue of the Expert Witness newsletter (volume 6, issue 3)
Contents: The Deduction for “Expenses Related to Earning Income” in Rewcastle by Christopher Bruce and Derek Aldridge In this article Christopher Bruce and Derek Aldridge discuss the court’s decision in the recent case of Rewcastle v. Sieben. The case concerned an estate claim brought under the Survival of Actions Act. In his decision, Justice Hutchinson… Continue reading
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No-Fault Automobile Insurance
In this article Christopher Bruce and Angela Tu Weissenberger respond to a recent paper which recommends that Alberta adopt a no-fault automobile insurance system. In their response, Dr. Bruce and Ms. Tu Weissenberger examine the deterrent effect of tort rules; the high cost of no-fault insurance systems; arguments concerning the role of lawyers; evidence concerning… Continue reading
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The Deduction for “Expenses Related to Earning Income” in Rewcastle
In this article Christopher Bruce and Derek Aldridge discuss the court’s decision in the recent case of Rewcastle v. Sieben. The case concerned an estate claim brought under the Survival of Actions Act. In his decision, Justice Hutchinson introduced a new method for calculating the deduction for “expenses directly related to earning income.” In their… Continue reading
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Summer 2001 issue of the Expert Witness newsletter (volume 6, issue 2)
Contents: The Deduction of Accelerated Inheritance by Christopher Bruce In this article Chris Bruce discusses a requirement established by the Court of Appeal in its October 17, 2000 ruling in Brooks v. Stefura. This was that “accelerated inheritances” should be deducted from each plaintiff’s dependency award. The Court did not, however, state clearly what it… Continue reading
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Case Comment: Boston v. Boston
The Supreme Court of Canada recently ruled in the case of Boston v. Boston. This was a case involving the variation of spousal support at the time of the husband’s retirement. He retired in 1997 and began to receive his pension. He applied to have the original support payment reduced, on the grounds that he… Continue reading
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Avoiding Overlap Between Fatal Accident Act and Survival of Actions Act Claims
This article points out that while the method set out by the Court of Appeal in Brooks v. Stefura does prevent double-recovery, it does not prevent double-payment, that is, the payment of the same dollar to one plaintiff under the FAA and to another under the SAA. The text of the judgment makes it clear… Continue reading