Tag

“gross negligence”
In a Per Curium unpublished opinion dated August 9, 2016, an intermediate appellate court in Michigan overruled a trial judge’s grant of summary judgment based on a waiver of subrogation but affirmed the ruling that the plaintiff had not plead sufficient facts of gross negligence to state a claim. The subrogated claim involved an alleged...
 The author of the following blog post, Robert Sottile, is an Articling Student with Cozen O’Connor. The recent decision of the Alberta Court of Queen’s Bench in Bernum Petroleum Ltd v Birch Lake Energy Inc (Bernum)[1], outlines the requirements to establish gross negligence in losses involving the drilling and operation of oil wells. Background In...