Category: Litigation & Dispute Resolution

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Alberta Court of Appeal Restates the Test for Summary Judgment

February 12, 2019

On February 6, 2019, a five-justice panel of the Alberta Court of Appeal (Court) issued its eagerly awaited decision in Weir-Jones Technical Services Incorporated v. Purolator Courier Ltd. (Weir-Jones). The Court restated the test for summary judgment in Alberta, providing much needed certainty to litigants seeking a proportionate and timely end to disputes. BACKGROUND The Alberta Court of Appeal has…

Supreme Court of Canada Overturns Alberta Court of Appeal in Redwater Decision

January 31, 2019

On January 31, 2019, the Supreme Court of Canada (SCC) released its decision in Orphan Well Association, et. al. v. Grant Thornton Limited, et. al. – a case commonly known as Redwater. The majority overturned the Alberta Court of Appeal’s decision and found that certain sections of the Oil and Gas Conservation Act (OCGA) and Pipeline Act (PA) do not conflict with the scheme of…

Class Action Climate in Canada: Recent Developments and Emerging Trends

January 30, 2019

Join leading lawyers from Blakes for an interactive discussion that will span a cross-section of recent developments and hot-button topics such as: Emerging class action risks National and multijurisdictional class actions Cybersecurity and data breaches Employment, competition and securities class actions Settlement structures and considerations Following the seminar, we invite you to join us for cocktails and networking. Mandatory Continuing…

Supreme Court Strikes Down Expatriate Voting Restrictions: No “Social Contract” Justification

January 14, 2019

On January 11, 2019, a majority of the Supreme Court of Canada (SCC) ruled in Frank v. Canada (Attorney General) (Frank) that certain provisions in the Canada Elections Act (CEA), which denied federal voting rights to Canadian citizens who resided outside of Canada for more than five consecutive years, are unconstitutional. The majority concluded that the restrictions unjustifiably infringed the right to vote of “every citizen of Canada” in section 3 of the Charter of Rights and Freedoms (Charter). BACKGROUND…

Court of Appeal for Ontario Invalidates Foreign Arbitration Clause in Standard Form Contract

January 8, 2019

The Ontario Court of Appeal (Court) has unanimously overturned the lower court’s decision in Heller v. Uber Technologies et al. that stayed a proposed class action against Uber Technologies Ltd. (and related companies, together, Uber) on the basis of a mandatory foreign arbitration clause in the driver’s services agreement. Undertaking a contextual analysis, the Court concluded that the foreign arbitration…

Canada Imposes Sanctions Against Saudi Arabian Nationals

December 4, 2018

On November 29, 2018, Canada’s Minister of Foreign Affairs announced sanctions against 17 Saudi Arabian nationals. The individuals have been designated in the regulations made under the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (SML). SML authorizes the government to designate foreign nationals or foreign public officials (or their associates) who, in the government’s view, are…

Arbitration Demystified

November 28, 2018

Arbitration has a number of advantages and some disadvantages for the resolution of domestic and international commercial disputes. This interactive session is intended to answer questions that in-house legal and business personnel engaged in arbitration often have or might wonder about. It will also focus on practical considerations that influence the choice of litigation or arbitration, or that affect process…

Alberta Securities Commission Announces New Whistleblower Program

November 26, 2018

On November 20, 2018, the Alberta Securities Commission (ASC) announced the creation of its whistleblower program (Program) through the adoption of ASC Policy 15-602 Whistleblower Program (Policy) and accompanying amendments to the Alberta Securities Act (Act). The Office of the Whistleblower was established to oversee and enforce the whistleblower legislation. The Program’s goal is to facilitate reporting in order to…

Cy-Près Love: B.C. to Impose Requirements for Charitable Distributions of Funds from Class Proceedings

November 22, 2018

On November 19, 2018, the Government of British Columbia introduced Bill 57, Attorney General Statutes Amendment Act, 2018 (Bill), in the legislative assembly for first reading. If passed, the Bill will amend the Class Proceedings Act to provide direction on how to allocate undistributed funds at the end of a class action. Historically, funds that were not distributed to the…

The Cutting Edge of Compliance: Best Practices and Recent Developments in Anticorruption, Investigations and Responding to Government Enforcement

November 15, 2018

Proactive anticorruption compliance programs, risk assessments and detailed due diligence practices can make the world of difference when engaging in global business transactions. Join us for a one-on-one discussion with Jonathan Drimmer, Deputy General Counsel at Barrick Gold, to hear his first-hand experience on the cutting edge of compliance and how proactive efforts can safe-guard your business in foreign jurisdictions….

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