Category: Litigation & Dispute Resolution

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Alberta Court Orders Production of Documents in Native Format, Contrary To Agreement Between Parties

June 20, 2016

In Bard v. Canadian Natural Resources (Bard), the Court of Queen’s Bench of Alberta (Court) ruled that certain documents were to be produced in native format, despite what was set out in a discovery agreement between the parties. Following the Court’s ruling in Bard, litigants should consider how they want to produce, receive and use documents early on in a…

Alberta Court Decision Addresses Drop Dead Rule, Chronic Delays in Civil Litigation

June 15, 2016

The Court of Appeal of Alberta (Court) recently addressed the issue of chronic delay in civil litigation, when it released a split decision in Ursa Ventures Ltd. v. Edmonton (City) (Ursa) on the interpretation of rule 4.33 in the Alberta Rules of Court. Rule 4.33 directs the dismissal of civil proceedings where a significant advance in an action has not…

Risks of Competition Litigation: Being Aware and Being Prepared

June 14, 2016

Litigation arising from competition law issues now has the potential to affect all businesses operating in Canada. It is no longer confined to those unfortunate enough to be the subject of a Competition Bureau merger or abuse of dominance challenge — or, worse yet, a cartel or bid-rigging investigation. The scope of risk has expanded to include Bureau claims related…

It’s Just Notice: Ontario Court of Appeal Holds that Rules of Service Do Not Interfere with State Sovereignty

June 9, 2016

In a decision released on June 3, 2016, the Ontario Court of Appeal (Court) rejected the proposition that Canada’s international law obligations require that service of an originating process in a non-Hague Convention state, for the purpose of an Ontario action, has to be made in accordance with the laws of the foreign state. In dismissing the defendants’ appeal in…

Pay When Paid Clauses: How Do They Hold Up?

June 9, 2016

Courts in Alberta and Ontario have recently released two notable decisions on “pay when paid” clauses: Sprague Rosser Contracting Co. Ltd. v. EOS Pipeline & Facilities Inc., (EOS Pipeline) and 6157734 Canada Inc. v. Bluelime Enterprises Inc. (Bluelime Enterprises). In EOS Pipeline, one of the only-reported Alberta decisions on pay when paid clauses, the Court of Queen’s Bench of Alberta…

Legal Advisers’ Files Are Not Archives for Tax Authorities, SCC Rules

June 8, 2016

The Supreme Court of Canada (SCC) released two decisions last week regarding the power of the Canada Revenue Agency (CRA) to demand production of information and documents, including accounting records, from lawyers and notaries in the context of audit or enforcement action against a client or against the legal adviser personally. The SCC declared that the CRA’s power to require…

Of Formal Offers and Multipliers: Court of Appeal Explains Costs Consequences in Key Oil and Gas Decision

June 7, 2016

In Stewart Estate v. TAQA North Ltd, (Decision) the Alberta Court of Appeal (Court) released its costs decision after a complex and lengthy appeal involving multiple appellants and respondents involved in a dispute regarding the termination of oil and gas leases and wrongful production. The Decision has important and discrete implications regarding the determination of costs sustained during the course…

B.C. Court Confirms Powerful Maritime Arrest is Widely Available in Disputes Involving Maritime Assets

June 1, 2016

In Avina v. Sea Senor (Ship), the British Columbia Supreme Court (Court) upheld the arrest of the ship, Sea Senor (Vessel), in a dispute between the two shareholders of the company that owns the Vessel. The defendant applied to set aside the arrest on the basis that the underlying dispute was primarily a shareholders dispute, and therefore did not engage…

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