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The Alberta Court of King's Bench has confirmed its jurisdiction to grant injunctive relief against the Alberta Energy Regulator despite a broadly worded statutory privative clause. This landmark decision, arising from Sumerian Oil & Gas's application to stay a suspension order affecting approximately 900 wells, represents one of the first considerations of the Supreme Court of Canada's recent Democracy Watch ruling and may significantly impact future disputes involving AER orders.

In Optiva Inc. v. Tbyatel, 2022 ONCA 646, the Ontario Court of Appeal provides guidance on the scope of an arbitral tribunal's powers to fashion arbitration proceedings

On February 1st, 2023, the Government of Québec tabled Bill 8, An Act to improve justice efficiency and accessibility, in particular by promoting mediation and arbitration...

In Remington v Enmax1, the Court of Appeal of Alberta ruled that parallel proceedings before the Court of Queen's Bench and the Surface Rights Board ("SRB") could continue.

Winning a judgment is only the beginning of the collection process. Learn how registering your judgment against a debtor's property can protect your award and create leverage for payment, while understanding the limitations and priority rules that may affect your recovery.

In a judgment in "Heron Bay Investments Ltd. v. The Queen" (2010 FCA 203), delivered on July 26, 2010, the Canadian Federal Court of Appeal found that there was a "want of procedural fairness" in the proceedings of the Tax Court which resulted in its decision of September 8, 2009 (2009 TCC 337) and, as requested by the appellant, Heron Bay, in its pleadings, returned the matter to the Tax Court "for retrial by a different judge".

In a recent decision, the Quebec Court of Appeal unanimously overturned a Quebec Superior Court judgment.

The Supreme Court of Canada has resolved a fundamental question in administrative and constitutional law by ruling on the validity of privative clauses that attempt to prevent judicial review of administrative decisions. This landmark decision addresses whether Parliament or provincial legislatures can constitutionally restrict courts from reviewing the legality of decisions made by administrative bodies. The ruling has significant implications for the balance of power between legislative authority and judi

A retired judge has ruled that police officers who testified at a coroner's inquest into Myles Gray's 2015 death can have their inquest testimony used to challenge their credibility in subsequent Police Act misconduct proceedings. This preliminary decision creates tension between statutory protections designed to encourage full testimony at inquests and the public interest in holding officers accountable for alleged misconduct, potentially impacting officers' willingness to testify at future inquests.

The Quebec Court of Appeal found that procedural fairness standards applicable to administrative law are not applicable to internal investigations into complaints of psychological harassment in the workplace.

Case conferences in Ontario family law serve as informal court appearances designed to identify issues, explore settlement opportunities, and provide parties with early judicial feedback before proceeding to contested motions or trial. These conferences offer a strategic opportunity to narrow disputes, reduce legal costs, and potentially resolve matters through candid discussion in a less adversarial setting than formal court proceedings.

It often comes as a shock at an already stressful time: your minor child (under the age of 18) is entitled to money, perhaps through an inheritance or a personal injury settlement, but you are told you cannot access...

The Ontario Superior Court of Justice has reinforced the single proceeding model in insolvency matters, determining that court-appointed receivers can pursue claims agains...

The Supreme Court of Canada has ended the closely watched battle between Percy Schmeiser and Monsanto, with the release of its judgment on May 21.

The Federal Court of Appeal has overturned a Canadian International Trade Tribunal decision, establishing that duty relief under Chapter 99 of the Customs Tariff requires a closer physical connection between imported goods and qualifying items than mere simultaneous use. This ruling significantly narrows the interpretation of the "for use in" provision, affecting how importers can claim duty relief when goods are used together in commercial settings without direct physical integration.

Regulators have a critical role in assessing character, competence, and skill of applicants before they are admitted as members of their profession. However, the question of "good character" can be challenging to tackle.

Choosing the right lawyer is crucial when facing legal challenges, especially when language barriers exist. At Rashidy & Associates, we believe that clear communication is essential...

The Supreme Court of Canada has delivered a landmark decision addressing whether courts can recognize new torts when existing legal remedies may already provide compensation. In Ahluwalia v. Ahluwalia, the justices...