The Delay Rules in a World of Suspended Limitations

Gavin Price
Charlotte Stokes

September 16, 2020

How did the Ministerial Order of March 30, 2020, affect Rules 4.31 and 4.33? Gavin Price and Charlotte Stokes take a look at how the courts may interpret the Order's effect on what is sometimes referred as the "Delay Rules."

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Hit & Run/Uninsured Accidents - 5 Things to Know

Maureen McCartney-Cameron

August 27, 2020

Maureen McCartney-Cameron points out the 5 things you need to know if you've been involved in a hit & run or an accident with an uninsured driver.

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COVID-19: Class Actions Arising From a Pandemic

Gavin Price
Kajal Ervin
Andrea MacLean

July 29, 2020

Given the current situation, Courts are likely to consider factual nuances in each class action on a case-by-case basis, including how the defendants responded to the unexpected and unprecedented change in making their decisions.

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The Uber Decisions: Justice Come Heller High Water? Litigating Unconscionability

Bryan C. Duguid QC, FCIArb
David Marshall

July 14, 2020

The SCC decision in Uber v Heller raises questions about how unconscionability will be litigated and what evidence may be needed and admissible in such litigation.

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The Uber Decision: Justice Come Heller High Water? Improvident Bargain

Bryan C. Duguid QC, FCIArb
David Marshall

July 8, 2020

In Part 2 of our analysis on the recent decision of Uber v Heller, we discuss how the wide application of improvidence could lead to commercial uncertainty.

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Pierringer Agreements and the Principle Against Overcompensation

Andrew Wilson
Randell Trombley

July 7, 2020

Notwithstanding a settling Defendants’ ostensible entitlement to a settlement surplus, the Court appears to have meaningfully limited the circumstances in which a settlement surplus will be recognized.

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The Uber Decision: Justice Come Heller High Water? Unequal Bargaining Power

Bryan C. Duguid QC, FCIArb
David Marshall

July 2, 2020

In the recent decision by the SCC in Uber v Heller, the majority confirms that the doctrine of unconscionability applies to all contracts. This undermines commercial certainty, as little guidance is provided for its application.

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An Update on Social Host Liability in Canada

Maureen McCartney-Cameron

June 29, 2020

In McCormick v Plambeck, the British Columbia Court Supreme Court recently considered whether liability might be imposed on social hosts whose guests were teenage minors.

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Damages for Loss of Marriage/Interdependency Benefits: University of Regina v Miranda Biletski, 2019 SKCA 44

Maureen McCartney-Cameron

June 25, 2020

In 2019, the Saskatchewan Court of Appeal confirmed that a severely injured plaintiff may recover separate damages based on the fact they are now statistically less likely to find a romantic partner as a result of their injury.

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Refusing to Return to Work? CERB Isn't the Answer

Cassandra Sutter

June 18, 2020

Some low-wage workers are opting to continue receiving their CERB benefits citing that the payments are more than their paycheques. Cassandra Sutter issues a warning against that approach.

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Suing After a Workplace Accident

Maureen McCartney-Cameron

June 16, 2020

If you have been injured at work, Maureen McCartney-Cameron lists 5 things that you should be aware of when bringing an action to your employer.

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Virtual Witnessing of Estate Documents

Oliver Ho

June 11, 2020

With the enactment of Ministerial Order 39/2020, the signor and witness need not be in the same room.

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Contractual Interpretations and the "Surrounding Circumstances" - Six Years After Sattva

Ryan Phillips
Kaila Eadie

June 9, 2020

In the years since Sattva Capital Corp. v Creston Moly Corp. (2014), Canadian Courts have embraced the “modern” approach to contractual interpretation which requires a consideration of surrounding circumstances. That said, it is important not to stray too far from the words of the contract themselves.  

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Can an Originating Application be Amended?

Laura Warner
Cassandra Sutter

May 27, 2020

Laura Warner and Cassandra Sutter summarize how Rules 3.8 and 3.14 govern actions started by Originating Application.

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Formal Offers in Court of Appeals Proceedings

Laura Warner
David Marshall

May 20, 2020

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Tort Liability in a COVID World, Part 4: Medical Negligence

Laura Warner
Sarah Bernamoff

May 19, 2020

Laura Warner and Sarah Bernamoff examine the expected standard of care for medical professionals in light of our new COVID world, as well as what can be done to mitigate liability while providing an essential service.

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Are Contracts Enforceable Despite COVID-19? [Part 7]: Contract Law Meets Insolvency Law - Some Strategic Considerations

Christa Nicholson
Kaila Eadie

May 14, 2020

If your company has received, or may invoke, force majeure or frustration claims, it would be wise to consider both the law of contract and the possible impact of insolvency law.

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Vanquisher or Vanquished? Insolvency Law's Power to End Contracts

Christa Nicholson
Kaila Eadie

May 14, 2020

The economic crisis resulting from the COVID-19 pandemic has meant that some contracts that were once previously viable, may no longer be - making disclaimer an attractive potential option for an insolvent party.

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COVID-19: Potential Solutions to Insolvency Situations

Christa Nicholson
Angad Bedi

May 13, 2020

Discussions with creditors and stakeholders are best undertaken with an understanding of formal and informal insolvency proceedings. Christa Nicholson and Angad Bedi describe the available options, as well as steps that may be taken by creditors to enforce their rights.

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Are Contracts Enforceable Despite COVID-19? [Part 6]: The Principles of Causation

Geoffrey Boddy
Kaila Eadie

May 7, 2020

Geoffrey Boddy and Kaila Eadie examine Canadian, American and British jurisprudence regarding the issue of causation for force majeure claims.

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Tort Liability in a COVID World, Part 3: Government Oversight of the Cargill Beef Plant

Kaila Eadie
Laura Warner

May 5, 2020

With the easing of restrictions across Canada, including at food processing plants, can governments be held liable for future outbreaks? Laura Warner and Kaila Eadie examine the principles that impact government liability in these unique circumstances.

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Are Contracts Enforceable Despite COVID-19? [Part 5]: Duty to Mitigate Force Majeure Events

Bryan C. Duguid QC, FCIArb
William Katz

April 30, 2020

In Part 5 of our Enforceability of Contracts series, Bryan C. Duguid QC, FCIArb and William Katz discuss the duty to mitigate the duration and effects of force majeure events.

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Rule 4.31 and 4.33 in a World of Suspended Limitations

Gavin Price
Charlotte Stokes

April 28, 2020

In response to limited Court access and other restrictions, a Ministerial Order was issued in late-March to "push pause" on litigation. Gavin Price and Charlotte Stokes explain the Order's potential effects on deadlines.

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COVID-19 and Insolvency Law: What You Should Know

Christa Nicholson

April 27, 2020

Christa Nicholson provides you with some practical “must-know” takeaways when planning for potential liquidity crunches or insolvency-related challenges.

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Are Contracts Enforceable Despite COVID-19? [Part 4]: Force Majeure Notice Requirements

Geoffrey Boddy
Andrea MacLean

April 24, 2020

What does your contract say about notice requirements? Geoffrey Bodd and Andrea MacLean take a look at when a Court may, or may not, relax on notice requirements.

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Tort Liability in a COVID World, Part 2: The Case of Walmart

Laura Warner
Sarah Bernamoff

April 17, 2020

Could your business be liable for failing to protect your employees and customers from COVID-19? Laura Warner and Sarah Bernamoff explore a recent lawsuit against and Arkansas Walmart and explain what businesses can do to protect themselves from liability.

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Are Contracts Enforceable Despite COVID-19? [Part 3] Interpreting Force Majeure Clauses

Bryan C. Duguid QC, FCIArb
Kaila Eadie

April 16, 2020

How do you interpret a force majeure clause? Bryan C. Duguid QC, FCIArb and Kaila Eadie are your guides on interpreting force majeure clauses and the effect they will have on your business.

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Selling or Buying Shares in the Face of COVID-19: Am I Insider Trading?

Andrew Wilson
Angad Bedi

April 15, 2020

What exactly constitutes insider trading in the face of a pandemic and its consequent economic fallout? Andrew Wilson, and Angad Bedi take a look at the sub-requirements.

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Is My Business Covered for Interruption Losses Caused by COVID-19?

Ryan Phillips
Maureen McCartney-Cameron

April 14, 2020

Ryan Phillips and Maureen McCartney-Cameron tell you what to look for in your insurance coverage. 

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Are Contracts Enforceable Despite COVID-19? [Part 2]: The Applicable Legal Doctrines

Geoffrey Boddy
William Katz

April 9, 2020

“What happens if I don’t have a force majeure clause in my contract, is a frustration claim still possible?”

“What are the Applicable legal doctrines I can rely upon?”

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The New Tort on the Block: Publicity Placing a Person in False Light

Oliver Ho

April 9, 2020

For the first time, a Canadian Court has recognized Publicity Placing a Person in False Light as a cause of action. What is it and how can it affect you? Oliver Ho explains the implications of this new tort in his latest article.

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Commercial "Evictions" Are Not Suspended

Glenn Solomon QC, FCIArb
Laura Warner

April 8, 2020

Glenn Solomon QC, FCIArb and Laura Warner address a misconception that commercial evictions have been Suspended.

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Tort Liability in a COVID World, Part 1: The Principles of Negligence in a COVID World

Laura Warner
Kaila Eadie
Sarah Bernamoff

April 7, 2020

In part 1 of our series, Tort Liability in a COVID World, Laura Warner, Kaila Eadie and Sarah Bernamoff, JD, MBA examine the principles of negligence in a COVID world.

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Commercial Landlord and Tenant Agreements: The Need for Careful Analysis

Glenn Solomon QC, FCIArb

April 2, 2020

Glenn Solomon QC, FCIArb, outlines some of the analysis that commercial landlords must undertake in determining the best strategy in navigating the complex issues arising in commercial leasing relationships.

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Recent Amendments to the Rules of Court

David Marshall

April 1, 2020

The Legislature has amended the Rules of Court by way of an Order in Council. David J. Marshall has noted the key amendments for civil litigators in his most recent article published on our COVID-19 Resource Page

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Are Contracts Enforceable Despite COVID-19? [Part 1]: Overview

Bryan C. Duguid QC, FCIArb
Andrea MacLean

April 1, 2020

The Coronavirus has affected businesses both large and small, leaving many unable to fulfill their contractual obligations. So, what happens when, as a result of COVID-19’s impacts, a party has no choice but to breach a contract? Can parties be required to compensate for non-performance in this circumstance?  Is there some legal way out?

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Social Distancing and Executing Documents with Electronic Signatures

Oliver Ho

April 1, 2020

How do you practice social distancing when documents need to be executed? Oliver Ho explores the legislation around using electronic signatures.

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Alberta’s Minor Injury Regulation (MIR) - 5 Things to Know

Maureen McCartney-Cameron

September 17, 2019

Maureen McCartney-Cameron lists 5 things that you should know about Alberta’s Minor Injury Regulation.

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Alberta Accident (“Section B”) Benefits - 5 Things to Know

Maureen McCartney-Cameron

June 5, 2019

Maureen McCartney-Cameron lists the 5 things you should know regarding Alberta accident benefits.

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Wrongful Death Claims - 5 Things to Know

Maureen McCartney-Cameron

February 20, 2019

Although no amount of money can replace the life of a loved one, the family members of the deceased may have legal recourse if their death was the result of the wrongful act of another. Here are 5 things one should know when making a wrongful death claim.

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