Category: Litigation & Dispute Resolution

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A Broader View: Court of Appeal Confirms Holistic Approach for Random Drug and Alcohol Testing in Alberta

November 13, 2017

Alberta’s highest court has clarified the parameters of the law on random drug and alcohol testing and emphasized that courts and arbitrators alike should take a holistic approach to safety when examining the enforceability of such practices. In Suncor Energy Inc. v. Unifor Local 707A, the Alberta Court of Appeal (Court of Appeal) held that an employer seeking to justify…

Supreme Court of Canada Grants Leave to Challenge Unconstitutionality of Alberta’s Oil and Gas Licensing Regime

November 9, 2017

On November 9, 2017, the Supreme Court of Canada (SCC) granted the leave application (Leave Application) filed by the Alberta Energy Regulator (AER) and the Orphan Well Association (OWA) in Orphan Well Association, et al v. Grant Thornton Limited, et al, which sought leave to appeal the decision of the majority of the Alberta Court of Appeal in Orphan Well…

New Canadian Sanctions Legislation in Effect: Sergei Magnitsky Law

November 7, 2017

On November 3, 2017, the Government of Canada introduced regulations under the recently enacted Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (SML) imposing an asset freeze on a number of foreign nationals identified by the government to be responsible for, or complicit in, significant corruption or gross violations of human rights. Like other Canadian sanctions laws,…

No More Grease Payments – Canada Repeals Exception for Facilitation Payments

October 30, 2017

As part of Canada’s 2013 significant overhaul to its foreign corrupt practices regime, the Corruption of Foreign Public Officials Act (CFPOA), Canada indicated an intention to repeal the exception for facilitation payments. The repeal of facilitation payments was, however, held in abeyance for several years. Today, the Government of Canada announced that the facilitation payment exception will be repealed, effective…

Court Upholds Commercial Certainty in Alberta Power Purchase Arrangements

October 16, 2017

The Alberta Court of Queen’s Bench (Court) has released an important decision regarding the Alberta power industry, which brings certainty to the effective dates of termination of power purchase arrangements (PPAs) in Alberta. In the late 1990s, the Government of Alberta deregulated the electricity market and introduced competition into the market for electrical power and created the Balancing Pool to,…

Doing Business in Canada

October 10, 2017

The Blakes Doing Business in Canada guide is an introductory summary of the laws and regulations that affect the conduct of business in Canada.

10 Ways to Reduce Cannabis-Related Litigation Risks

September 29, 2017

In addition to the regulatory compliance issues that may arise from the production and sale of cannabis, companies operating in this space face many of the traditional legal concerns, including contractual, employment and privacy litigation, as well as intellectual property and product liability issues. The cost, time and effort expended defending litigation can substantially and directly impact an organization’s reputation…

CETA’s Impact on the Canadian Market

September 21, 2017

The Canada-European Union Comprehensive Economic and Trade Agreement is now in force, on a provisional basis, creating new opportunities for Canadian businesses. We will be releasing a number of resources to help you navigate this new landscape, including: A Primer on the Canada-European Union Comprehensive Economic and Trade Agreement Also, please see the following articles: CETA Now in Force: Are…

A Primer on the Canada-European Union Comprehensive Economic and Trade Agreement

September 21, 2017

CETA is the Comprehensive Economic and Trade Agreement between Canada and the European Union (EU) and its member states. CETA comprises 30 chapters of rules respecting trade between Canada and the EU. The agreement was signed by Canadian and EU leaders on October 30, 2016. CETA will enter into force, on a provisional basis, on September 21, 2017.

Takeoff Denied Again: B.C. Court of Appeal Affirms Denial of Airline Fuel Surcharge Class Action

September 21, 2017

On September 12, 2017, the British Columbia Court of Appeal (Court) affirmed the refusal to certify a class proceeding against various airlines regarding the description of fuel surcharges in Simsek v. United Airlines, Inc. (also referred to as Unlu v. Air Canada) (Unlu). The plaintiffs alleged that the airlines improperly characterized fuel surcharges as “taxes” or “taxes and fees” on…

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