Category: Litigation & Dispute Resolution

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Alberta Court of Appeal Expands Availability of Equitable Limitations Defence

May 1, 2017

In a recent decision, Weatherford Canada Partnership v. Artemis Kautschuk und Kunstoff-Technik GmbH (Weatherford), the Alberta Court of Appeal (Court) upheld the dismissal of the plaintiff’s claim against two defendants on the basis of the equitable limitations defence of laches. Historically, laches has been used as a defence to late-brought equitable causes of action and remedies, to which statutes of…

Alberta Court of Appeal Cracks Down on Chronic Delay, Throws Case Out of Court

April 27, 2017

On April 19, 2017, the Alberta Court of Appeal (Court) released its decision in Humphreys v. Trebilcock (Humphreys), which is perhaps the most comprehensive consideration to date of whether delay in the prosecution of a plaintiff’s case warrants dismissal of an action. The Court reversed the lower court’s decision and dismissed the action, finding that the delay was inordinate, unjustified…

Ontario Court Allows Workplace Random Drug and Alcohol Testing to Proceed

April 26, 2017

In April 2017, the Ontario Superior Court of Justice allowed the Toronto Transit Commission (TTC) to proceed with implementing random drug and alcohol testing of safety-sensitive employees, pending the outcome of an ongoing arbitration. The decision, finding in favour of the employer, is a rare and important case on the issue of random workplace drug and alcohol testing, which had…

“No Fishing” in Alberta: Court Clarifies Ability to Redact, Disclosure in Questioning

April 18, 2017

On March 31, 2017, in Geophysical Service Incorporated v. NWest Energy Corp (NWest Energy), the Court of Queen’s Bench of Alberta (Court) provided clarity on the principles of relevance and materiality in the context of questioning pursuant to part 5 of the Alberta Rules of Court. The Court also provided helpful guidance on the ability to redact irrelevant information from…

Accessing Justice from Your Smartphone: The Civil Resolution Tribunal

April 13, 2017

Starting June 1, 2017, certain small claims disputes will be adjudicated online rather than in a traditional courtroom in British Columbia, thanks to the Civil Resolution Tribunal (CRT), the first online tribunal of its kind in Canada. The CRT is a recent provincial initiative that will significantly change how certain small claims disputes and strata property matters are adjudicated in…

Year in Review: Some Positive Developments for Pharmaceutical Class Actions in Canada

April 10, 2017

The end of 2016 brought with it some good news for the defence in respect of pharmaceutical class actions, including a successful defence verdict in the first pharmaceutical product liability common issues trial in Canada. This article discusses key pharmaceutical class actions from 2016. 

SCC Affirms Law Society’s Authority to Suspend Lawyers for Failing to Comply with CPD Requirements

April 4, 2017

In Green v. Law Society of Manitoba (Green), a majority of the Supreme Court of Canada (SCC) held that the Law Society of Manitoba (Law Society) has the authority to suspend lawyers who fail to comply with the Law Society’s mandatory continuing professional development (CPD) program without providing the lawyer with an automatic hearing or right of appeal. In so…

Chief Justice Confirms Cross-Examination Principles in Alberta

March 28, 2017

On March 21, 2017, the Court of Queen’s Bench of Alberta ruled against the Alberta government in Alberta (Attorney General) v. ENMAX PPA Management Inc. et al., a controversial legal action brought in 2016 by the provincial government against several former buyers of power purchase arrangements (PPAs). In doing so, the court provided additional guidance to litigants regarding cross-examination principles…

Alberta Court Provides Clarity on Oppression Claims in CCAA Context

March 13, 2017

The Alberta Court of Queen’s Bench (Court) has provided clarity on how oppression claims will be adjudicated in the context of the Companies’ Creditors Arrangement Act (CCAA). In the recent decision in Lightstream Resources Ltd. (Re), the Court confirmed that it has jurisdiction to hear oppression claims, but held that the exercise of this discretion is limited to appropriate circumstances….

Superior Court of Québec Confirms Validity of Percentage Royalties Paid by Pharmacist-Owners to Franchisor

March 8, 2017

The Superior Court of Québec (Court), presided by Justice M. Monast, recently ruled on an important point of contention for franchise pharmacies, by confirming the validity of a percentage royalty clause contained in a contract between a pharmacist-owner and his franchisor. The decision confirms the validity of the business model recommended by a number of franchisors, for both pharmacists and…

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