Category: Litigation & Dispute Resolution

Page: 30 of 35Page 30 de 35<<<...1020...2829303132...>>>

Alberta Court Sheds Light on Gross Negligence Standard Required of Oil & Gas Operators

November 19, 2014

  The Alberta Court of Queen’s Bench recently addressed whether an operator of oil wells was grossly negligent in its development of a well, and in so doing added clarity to that term.   BACKGROUND In Bernum Petroleum Ltd v. Birch Lake Energy Inc, (Bernum), Bernum Petroleum Ltd. (Bernum), the operator, sought to recover the share of drilling costs of…

AODA Requirements Coming into Force on January 1, 2015

November 17, 2014

  As described in previous Blakes Bulletins, the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) requires public and private organizations in Ontario to take proactive steps to eliminate barriers to the participation of individuals with disabilities in Ontario society. The Integrated Accessibility Standards Regulation (IASR) enacted under AODA creates obligations in various areas, including information and communications, employment, transportation…

Happy New Year? AODA Requirements Coming into Force on January 1, 2015

November 17, 2014

  As described in previous Blakes Bulletins, the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) requires public and private organizations in Ontario to take proactive steps to eliminate barriers to the participation of individuals with disabilities in Ontario society. The Integrated Accessibility Standards Regulation (IASR) enacted under AODA creates obligations in various areas, including information and communications, employment, transportation…

Let’s Be Honest: SCC Finds All Contracting Parties Owe Each Other a Duty of Honesty

November 17, 2014

  The Supreme Court of Canada (SCC) has just released its decision in Bhasin v. Hrynew, which recognizes for the first time in common law Canada that every party to a contract has a legal duty to perform its contractual obligations honestly and with regard to the legitimate interests of the other party. This duty cannot even be avoided by…

Litigants Must Describe Records Sufficiently to Permit Assessment of Privilege Claim: Alberta Court

November 12, 2014

  On September 15, 2014, the Alberta Court of Appeal released its decision in Canadian Natural Resources Limited v. ShawCor Ltd. (CNRL), a case that will change how litigants are required to describe records over which they claim privilege in their affidavits of records. In CNRL, the Alberta Court of Appeal held that litigants must provide descriptions of their otherwise…

Another Refreshing Decision: Certification Denied in B.C. vitaminwater® Class Action

October 29, 2014

  INTRODUCTION   Earlier this month, the British Columbia Supreme Court released its judgment in Clark v. Energy Brands Inc.and refused to certify a proposed class proceeding regarding alleged breaches of British Columbia’s Business Practices and Consumer Protection Act (BPCPA) in relation to the labelling and marketing of vitaminwater® beverages. This follows a previous decision in June by the Quebec…

Supreme Court of Canada Mandates Disclosure of Wiretap Evidence in Civil Proceedings

October 24, 2014

  In a decision released on October 20, 2014, the Supreme Court of Canada considered the question of whether a party to a civil proceeding can compel the disclosure of records of private communications intercepted by the state in the course of a criminal investigation.     BACKGROUND   In early summer 2004, the Competition Bureau began an investigation (Octane…

To Infineon and Beyond: Mega Settlement, Counsel Fees Approved by B.C. Court

October 20, 2014

  Last week in Pro-Sys Consultants Ltd. v. Infineon Technologies AG (Pro-Sys), the British Columbia Supreme Court approved final settlements and a distribution protocol, as well as class counsel’s fees, in a certified class action relating to the manufacture of dynamic random access memory (DRAM), a component in many household appliances such as televisions, computers and electronic notebooks.   The decision…

Plaintiffs Don’t Get Second Bite at Apple in Proposed B.C. Privacy Class Action

October 10, 2014

  Last week in Ladas v. Apple Inc., the British Columbia Supreme Court refused to certify a class proceeding against Apple Inc. in relation to alleged breaches of privacy involving the Location Services aspect of Apple’s iOS4 operating system.   This decision indicates that British Columbia’s courts remain willing to decline certification of proposed class proceedings where the claims are…

Certification of Overtime Class Action Denied: Decision Upheld by Ontario Court of Appeal

October 8, 2014

  INTRODUCTION   On October 6, 2014, the Ontario Court of Appeal released its judgment in Brown v. Canadian Imperial Bank of Commerce (Brown). The Court of Appeal upheld the decisions of the motion judge and the Divisional Court, which denied the certification of the overtime action as a class proceeding.   The class proposed at the Divisional Court and…

Page: 30 of 35Page 30 de 35<<<...1020...2829303132...>>>