Emerging Trends: Artificial Intelligence

Artificial intelligence, or AI, is the use of computers or machines to simulate human cognitive activities, including performing problem-solving, decision-making, and analyzing. The idea of having machines work for the benefit of humankind has existed for centuries, although the term “artificial intelligence” was not coined until the 1950s. Even then, however, the concept was largely relegated to science fiction and fantasy. Recently, however, there has been discussion about the practical applic...
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Case Commentary: Plante v Darling, 2023 ABKB 335

In the recent decision of Plante v Darling, 2023 ABKB 335, the Alberta Court of King’s Bench found that the Plaintiff’s claim, which was initiated more than 2 years after the date of the accident, was not statute barred by Alberta’s Limitations Act, RSA 2000, c L-12, on the basis that the Plaintiff's PTSD diagnosis was not discoverable on the date of loss. While the decision is based on Alberta’s legislation, the reasoning and interpretation is likely applicable across the country as most provin...
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Case Commentary: Macpherson v Strait Regional Center for Education, 2023 NSSC 167

A recent decision from the Supreme Court of Nova Scotia on the issue of occupiers’ liability provided further confirmation that an ‘Occupier’ is not guarantor or insurer of the safety of the persons permitted to be on its premises, and that the applicable standard for occupiers’ duty to take care for the safety of such people is one reasonableness, not perfection. In Macpherson v Strait Regional Center for Education, 2023 NSSC 167, the Plaintiff suffered a fall while taking a short cut between ...
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Case Commentary: Flowers v Allterrain Contracting Inc., 2017 NSSC 194

The recent case of Flowers v Allterrain Contracting Inc., 2017 NSSC 194, confirmed that the standard for snow removal and maintenance is reasonableness, not perfection. The standard of reasonableness is measured against the evidence that the Defendant introduces as to what snow removal and maintenance practices are in place. Snow removal practices do not have to be ideal to be reasonable. On February 17, 2010, the Plaintiff slipped and fell on ice when exiting a Wal-Mart store in Halifax. She...
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