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  • Article

    Summary Judgment: A Tale Of Two Tests

    A panel from the Alberta Court of Appeal recently issued their split decision in Whissell Contracting Ltd. v. Calgary (City), 2018 ABCA 204, on May 25, 2018. In that decision, the Court said summary judgment may be appropriate...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    The SCC Monitor (25/05/2015)

    On Thursday, May 28, 2015, the Supreme Court of Canada will release judgment on several leave applications currently before the Court, including the following.
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
Article

Undisclosed Fee Cases Continue To Attract Class Actions

In the recently released decision of Finkel v. Coast Capital Savings Credit Union,1 the British Columbia Supreme Court certified an action seeking damages from Coast Capital in relation to undisclosed foreign currency charges.
CanadaLitigation, Mediation & Arbitration
McCarthy Tétrault
McCarthy Tétrault
  • Article

    When Do Waivers Work?

    Occupiers often rely on waivers signed by their patrons to escape legal liability. For example, in order to mitigate the risk of any potential lawsuits, occupiers ask their patrons to sign a waiver as part of either a gym membership agreement ...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Browse Wrap Agreements Catch Notice Of Courts

    In September 2011, the British Columbia Supreme Court delivered its decision in Century 21 Canada Limited Partnership v. Rogers Communications Inc. [doing business as Zoocasa Inc.], 2011 BCSC 1196 (Zoocasa).
    CanadaMedia, Telecoms, IT, Entertainment
    Smart & Biggar
    Smart & Biggar
  • Article

    Supreme Court Of Canada Leaves Forum Selection Clauses In A State Of Uncertainty

    Facebook, Inc. (Facebook) recently lost a decision before the Supreme Court of Canada regarding the enforceability of the forum selection clause in its standard terms of use.
    CanadaMedia, Telecoms, IT, Entertainment
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Dating Site Pays CRTC $48,000 For Alleged CASL Violation

    On March 25, 2015, the CRTC announced that online dating site operator Plentyoffish Media Inc. has entered into an undertaking and paid the CRTC $48,000 for an alleged violation of Canada’s anti-spam legislation (CASL).
    CanadaPrivacy
    Gowling WLG
    Gowling WLG
  • Article

    Flawed Unsubscribes, No Proof Of Consent Trip Up Porter Airlines In CASL Enforcement

    The Canadian Radio-television and Telecommunications Commission ("CRTC") announced that Porter Airlines Inc. has agreed to pay $150,000 as part of an undertaking for alleged violations of Canada's anti-spam legislation.
    CanadaPrivacy
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    1-Minute Read For Commercial Mortgage Lenders: Beneficial Ownership vs. Registered

    Ownership of real property in Ontario is divided into legal or registered title ownership and beneficial ownership.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Alberta Court Of Appeal: Bidder's Reasonable Expectations Trump Privilege Clause

    In the wake of a recent Alberta Court of Appeal (Court) decision, Elan Construction Limited v. South Fish Creek Recreational Association (Elan Construction), those who use a bidding process...
    CanadaReal Estate and Construction
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Alberta Government Introduces Prompt Payment Bill For Construction Industry

    On October 21, 2020, Bill 37: The Builders' Lien (Prompt Payment) Amendment Act, 2020, (the "Prompt Payment Act") was introduced and passed the first reading.
    CanadaReal Estate and Construction
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Alberta Legislators Introduce New Prompt Payment And Construction Lien Act

    Earlier this week the Minister of Service Alberta proposed amendments to the Alberta Builders' Lien Act that could result in significant changes in the province's construction industry, ...
    CanadaReal Estate and Construction
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Beyond The High Rise: Non-standard Condominiums For Developer Advisors

    Ontario's Condominium Act, 1998 provides four non-standard condominium structures beyond the typical model, each offering distinct advantages for developers and investors navigating phased construction...
    CanadaReal Estate and Construction
    GGI | Global Alliance
    GGI | Global Alliance
  • Article

    Can a Developer Limit Its Liability For Construction Defects?

    Lawyers representing strata lot purchasers in British Columbia have, to date, made considerable hay by emphasizing that the Real Estate Development Marketing Act (British Columbia) is "consumer protection" legislation to be interpreted in favour of purchasers.
    CanadaReal Estate and Construction
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Contract Strategy

    Selecting the right construction contract model for a particular project can be the difference between harmony and discord among project participants,
    CanadaReal Estate and Construction
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    Court Of Appeal Applies Force Majeure Clause To COVID-19 Business Closure

    The Ontario Court of Appeal has ruled that a force majeure clause can be triggered without requiring fault or breach by the affected party. In a dispute between a fitness club operator and its landlord over COVID-19 closures, the court confirmed that government restrictions preventing in-person operations constituted a force majeure event, extending the lease term without additional rent obligations.
    CanadaReal Estate and Construction
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Dangerous Assumptions: Estoppel By Convention In Construction Projects

    A recent case on estoppel by convention in the context of an owner's termination of a construction contract provides a valuable reminder to both legal practitioners and project personnel...
    CanadaReal Estate and Construction
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Deference To The Project Consultant

    A recent decision of the Alberta Court of Appeal serves as a stark reminder that the Consultant appointed in a CCDC contract wields considerable authority
    CanadaReal Estate and Construction
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    Definitive Deference: How Courts Treat Consultants' Decisions

    (May 22, 2018, 8:55 AM EDT) -- The consultant's role on a construction project is important and includes interpreting the underlying construction contract, certifying work as sufficiently complete ...
    CanadaReal Estate and Construction
    Field Law
    Field Law
  • Article

    Expert Review Of Ontario's Construction Lien Act

    On April 30, 2016, an expert review of Ontario's Construction Lien Act was submitted to the Ministry of the Attorney General and the Ministry of Economic Development, Employment, and Infrastructure.
    CanadaReal Estate and Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Showing 881–900 of 3851 results

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