Category: Litigation & Dispute Resolution

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Not Above the Rules: Alberta Court of Appeal Dismisses Self-Represented Action for Delay

June 5, 2019

In its recent decision in Morrison v. Galvanic Applied Sciences Inc., the Alberta Court of Appeal (Court) reaffirmed that the Alberta Rules of Court (Rules) apply in full force to self-represented litigants. The Court upheld the dismissal of the plaintiffs’ claim, which had been commenced by the originating application when the plaintiffs were self-represented. The claim was dismissed on both…

Court of Appeal Unanimously Rules Against B.C. Blocking Trans Mountain Pipeline

May 28, 2019

On May 24, 2019, the British Columbia Court of Appeal decided unanimously that B.C.’s proposed amendments to the Environmental Management Act (Proposed Law) regarding the Trans Mountain expansion project (TMX Project) were unconstitutional. The court’s decision will have important implications for all provincial regulation of any works and undertakings, such as pipelines or railways, that cross provincial boundaries.    BACKGROUND…

Overtime for Employees Paid on an Annual Basis: Quebec’s Superior Court Denies Class Action Authorization

May 21, 2019

In its recent decision in Godin c. Aréna des Canadiens inc. (Decision), the Québec Superior Court (Court) refused to authorize an employment class action against Aréna des Canadiens inc. and Aréna du Rocket inc. (Arenas). The plaintiffs claimed that salaried employees were entitled under Quebec law to overtime pay if they worked more than 40 hours in one week. In…

EU’s Top Court Rules Investment Protections Under CETA are Compatible with EU Law

May 9, 2019

In Opinion 1/17 (CETA Ruling) on the Comprehensive Economic and Trade Agreement (CETA), the European Court of Justice (ECJ) ruled that the investment protections under CETA, signed by Canada and the European Union, are compatible with EU law. The decision marks a welcome departure from the landmark Achmea v. Slovak Republic decision, in which the ECJ effectively invalidated all 196…

Proposed Privacy Class Action “Collapses in its Entirety” on Commonality

May 8, 2019

On May 7, 2019, in Kaplan v. Casino Rama Services Inc. (Kaplan), the Ontario Superior Court of Justice refused to certify a privacy class action arising out of a criminal cyberattack that included allegations of breach of privacy, breach of contract and negligence. The decision comes on the heels of another recent decision denying certification of a privacy class action,…

Supreme Court Enforces Arbitration Clause and Stays Business Customer Claims in Class Action

April 10, 2019

On April 4, 2019, a majority of the Supreme Court of Canada (SCC) in TELUS Communications Inc. v. Wellman (Wellman) decided that business customer claims in a class action should be stayed pursuant to arbitration clauses in the standard terms and conditions of those customers’ contracts. It further concluded that the Ontario Arbitration Act did not provide courts with jurisdiction…

Alberta Court Overturns Ministerial Decision on Oil Sands Cost Recovery

March 19, 2019

On judicial review, the Alberta Court of Queen’s Bench overturned a ministerial decision of the Alberta Department of Energy (ADOE) regarding costs incurred by an oil sands project owner in Fort Hills Energy Corporation v. Alberta (Minister of Energy). The case was decided on a standard of reasonableness and is the first to interpret and articulate the underlying policy of…

Refining Fairness: Precedent-Setting Cases in Procurement Law

March 7, 2019

In 2018, courts made significant rulings about what fairness means in procurement law from the perspective of owners and bidders alike. For example, in one case a court reaffirmed the long-standing principle that there is no contractual duty of fairness outside of the “Contract A” framework and rejected the notion that an independent duty of fairness arises under tort principles….

And Then There Were Four: New High-Cost Credit Legislation Proposed in British Columbia

March 5, 2019

On February 26, 2019, Bill 7 – Business Practices and Consumer Protection Amendment Act, 2019 (Bill) was introduced as part of British Columbia’s Consumer Financial Protection Action Plan. If passed, the Bill will amend the Business Practices and Consumer Protection Act (BPCPA) to provide for a new high-cost credit regime and add new prohibitions that will apply to payday lenders,…

Former Vessel Owner Not Liable to Ship-Source Oil Pollution Fund

February 26, 2019

A recent decision of the Federal Court of Canada provides helpful guidance to parties involved in the purchase and sale of a ship. It addresses the issues of whether a former shipowner can be liable for environmental contamination caused after title to the ship has passed to a new owner, and whether registration of the new owner is required for…

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