JSS Barristers has acted, and continues to act, as counsel in some of the largest and most complex corporate and commercial litigation matters in Alberta.
Our commercial litigation team includes a number of very experienced counsel, and we are particularly well placed to take on multi-party and document intensive cases, in light of our advanced litigation support systems, and moreover our ability to form flexible and efficient litigation teams to handle even the most complex tasks.
Our approach is practical with emphasis on cost effective services. Where mediation and other alternative dispute resolution techniques are appropriate, we will engage those processes in order to achieve the best possible result for our clients. In other cases, resolution through Trial will provide the client with the best outcome, and we will not hesitate to proceed in that way. We also have a great deal of experience in seeking and opposing various urgent and extraordinary remedies, such as injunctions, in various commercial contexts.
Our corporate and commercial litigation team is highly motivated and results oriented. We are focused on finding solutions that maximize value for our clients.
- Anton Piller Applications
- Asset Purchases
- Banking and Financing Litigation
- Bankruptcy and Insolvency Litigation
- Business Purchases
- Collections, Enforcement and Asset Recovery
- Commercial Insurance Litigation
- Competition Litigation
- Complex and Multi-party Matters
- Contested Mergers and Acquisitions
- Contested Takeovers
- Contract Disputes
- Debtor and Creditor Law
- Derivative Actions
- Director and Officer Litigation
- Distribution and Agency Agreements
- Fiduciary Responsibilities
- Guarantee, Bond and Letter of Credit Disputes
- Joint Ventures
- Lease and Purchase Agreement Litigation
- Oppression Claims
- Partnership Disputes
- Patent and Trademark Infringement
- Proxy Contests
- Receivership
- Reorganizations and Restructuring
- Share Purchases
Help, My Bid was Late…Can I still Participate?
March 27, 2025
The bid tender process is one that is ripe with rules. If your bid is late, even by only a few minutes, you are likely barred from participating in the bid tendering process.
Release the Goods: Court Finds Liquor Agent Acted in Bad Faith by Withholding Inventory From Supplier After Termination
September 26, 2024
The Alberta Court of King’s Bench issued judgment against a liquor agent for breach of the duty of good faith contractual performance, relating to obligations arising out of an unwritten contract upon termination of its engagement with a liquor supplier. This decision will have important impacts on the liquor distribution industry in Alberta and British Columbia.
Got a Limitations Defense to an Originating Application? Seek Leave!
May 17, 2024
If a Defendant plans to rely on a limitations defence, they must plead it. But what if an Action is commenced by Originating Application and the Respondent has no right to file a Statement of Defence? Andrea MacLean and Ripple Kaila discuss advice from the ABKB regarding how to advance a limitations defence in an Action initiated by Originating Application.
Dry Wells and Dead-End Pleadings: CPN7's Selective Role in Striking Pleadings
May 14, 2024
Giovanni Perri comments on a recent Alberta Court of Appeal decision that provides guidance on when the use of Civil Practice Note 7 is warranted.
Defendants are entitled to “poke the bear” without worrying about the consequences of Rule 4.33
March 1, 2024
Charlotte Stokes and Giovanni Perri comment on a recent Court of King's Bench decision about Rule 4.33.
Corporate Separateness and Concurrent Liability in Alberta: Recent Applications from the Court of Appeal
November 2, 2023
Alberta corporations are legal persons with rights to hold property, contract with others, and sue or be sued. Corporations are separate and distinct from their shareholders, directors, and employees, and in most cases, are uniquely responsible for liability arising from their actions.
The SCC Expands the Cause of Action for Constructive Taking
November 30, 2022
The October decision by the Supreme Court of Canada in Annapolis Group Inc v Halifax Regional Municipality may cause governments to codify the previously held assumption that there will be no compensation for lands with rejected development permits.
Part 7 of Rules of Court Continue to be Underutilized in Alberta
February 2, 2021
In Hannam v Medicine Hat School District No. 76, 2020 ABCA 343, the Alberta Court of Appeal noted that despite the culture shift called for in the Supreme Court’s decision in Hryniak v Mauldin, 2014 SCC 7, the summary procedures provided for in Part 7 of the Rules of Court continue to be underutilized in Alberta. In emphasizing this point, the Court of Appeal urged both the judiciary and litigants to make more robust use of these processes.
The Delay Rules in a World of Suspended Limitations
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."
The Uber Decisions: Justice Come Heller High Water? Litigating Unconscionability
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.
The Uber Decision: Justice Come Heller High Water? Improvident Bargain
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.
Pierringer Agreements and the Principle Against Overcompensation
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.
The Uber Decision: Justice Come Heller High Water? Unequal Bargaining Power
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.
Contractual Interpretations and the "Surrounding Circumstances" - Six Years After Sattva
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.
Can an Originating Application be Amended?
May 27, 2020
Laura Warner and Cassandra Sutter summarize how Rules 3.8 and 3.14 govern actions started by Originating Application.
Are Contracts Enforceable Despite COVID-19? [Part 7]: Contract Law Meets Insolvency Law - Some Strategic Considerations
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.
Are Contracts Enforceable Despite COVID-19? [Part 6]: The Principles of Causation
May 7, 2020
Geoffrey Boddy and Kaila Eadie examine Canadian, American and British jurisprudence regarding the issue of causation for force majeure claims.
Are Contracts Enforceable Despite COVID-19? [Part 5]: Duty to Mitigate Force Majeure Events
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.
Rule 4.31 and 4.33 in a World of Suspended Limitations
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.
Are Contracts Enforceable Despite COVID-19? [Part 4]: Force Majeure Notice Requirements
April 24, 2020
What does your contract say about notice requirements? Geoffrey Boddy and Andrea MacLean take a look at when a Court may, or may not, relax on notice requirements.
Tort Liability in a COVID World, Part 2: The Case of Walmart
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.
Are Contracts Enforceable Despite COVID-19? [Part 3] Interpreting Force Majeure Clauses
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.
Are Contracts Enforceable Despite COVID-19? [Part 2]: The Applicable Legal Doctrines
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?”
Recent Amendments to the Rules of Court
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
Are Contracts Enforceable Despite COVID-19? [Part 1]: Overview
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?
Social Distancing and Executing Documents with Electronic Signatures
April 1, 2020
How do you practice social distancing when documents need to be executed? Former partner at JSS Barristers, Oliver Ho explores the legislation around using electronic signatures.
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