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  • Article

    Security For Costs Do Not Come Easy: A Lesson From Bains v Adam 2025 ABCA 235

    In Bains v Adam, 2023 ABKB 491, Dr. Jagdev Singh Bains brought three actions against the various named defendants, relating to three separate motor vehicle accidents that occurred in 2017.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Planning And Development Law: Current Trends, Issues, And Updates

    On Wednesday, May 17th from 9:00 AM until noon, Brownlee in partnership with the University of Alberta
    CanadaReal Estate and Construction
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    New Guidance In Establishing A Successful Reasonable Use Of Force Defence

    On May 13, 2019, the Alberta Court of Queen's Bench released its decision in Day v Woodburn.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Right-Of-Way: When Civil Liability And Well-Meaning Signals For Drivers To Proceed Collide

    Drivers communicate with each other through a number of means beyond the traditional use of indicators and horns.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Tick Tock: Time Is Of The Essence For Insurers To Raise Coverage Concerns

    On September 8, 2025, the Federal Court released its decision in Elite Insurance Company (Aviva) v Borgatti Estate, 2025 FC 1471, where the Court rejected Aviva's application for summary...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    The Mutually Agreeable Departure

    While there are several ways to go about concluding an employment relationship, one method that is often overlooked is an agreement to mutually conclude employment.
    CanadaEmployment and HR
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Navigating Costs Effectively: A Reminder That Proportionality Is Primary In A Costs Award | Couch v Olatiregun, 2023 ABKB 402

    Justice Sullivan's decision in Couch v Olatiregun, 2023 ABKB 402, is an important reminder to all litigants that costs are to be awarded in accordance with the principles of proportionality, fairness...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Blood Samples In Criminal Driving Investigations: A Complicated Process That May Lead To Mistakes And Defences

    In certain circumstances police offices have the statutory authority to obtain breath samples or blood samples from drivers.
    CanadaCriminal Law
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Relevant & Substantial Undertaking Responses Might Qualify As Litigation Steps

    Recently, the Court of Queen's Bench in Kahlon v Kahlon, 2021 ABQB 683 clarified whether undertaking responses can materially advance an action to restart the three-year clock under the "Drop Dead" Rule...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Saskatchewan Court Of Appeal Outlines New Test For Redacting Producible Documents

    When parties enter into the litigation process, one of the steps that must be undertaken is document exchange, or disclosure, commonly referred to as discovery.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Good Faith, Or Preying On Bad Faith? Considerations For Discretionary Clauses

    One might imagine the more established a legal principle is, the more likely the rules of application are understood.
    CanadaCorporate/Commercial Law
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Bill 22: Changes To MGA Provisions Governing Regional Services Commissions

    After receiving royal assent on July 23, 2020, Bill 22's changes to Part 15.1 of the MGA came into force on September 1, 2020.
    CanadaGovernment, Public Sector
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    A Tale Of Two Tests: BC's Version Of Alberta's Degree Of Control Test For Vehicle Owner's Liability

    The recent decision of the British Columbia Supreme Court in Mangat v. Lau, 2024 BCSC 200, raised an interesting question about the complexities of vehicle ownership and liability.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Judge Strikes Out Claim Against Municipality Based On MGA Defences

    A new case from the Alberta Court of Queen's Bench adds another sliver of certainty for municipalities relying on liability protections in the Municipal Government Act ("MGA").
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Municipal Snow Removal Policies And Practices

    On August 20, 2020, the Supreme Court of Canada granted leave to appeal in the case of Nelson (City of) v. Marchi, 2020 BCCA 1.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    The Road To Clarity For Municipal Immunity Under The MGA: Pyke v. Calgary (City)

    The City was responsible for the maintenance and repair of a highway, which was the site of an unfortunate accident where a vehicle lost control and launched over the median into oncoming traffic.
    CanadaTransport
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Due Diligence: One Letter Is Not Enough

    Multi-party litigation is complex and Plaintiffs must exercise due diligence when ascertaining the identity of potential Defendants as soon as possible to avoid the expiry of limitation periods. The Alberta Court of Queen's Bench recently confirmed this in Condominium Corp. 0610078 v. Pointe of View Condominiums (Prestwick) Inc., 2016 ABQB 609.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    COVID-19 Mandatory Mask Policies, Discrimination And Human Rights

    On August 24, 2020, as part of their COVID-19 pandemic response, the Newfoundland and Labrador government enacted regulations requiring individuals to wear non-medical face masks in most public indoor spaces.
    CanadaCoronavirus (COVID-19)
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Constructive Dismissal During The COVID-19 Public Health Emergency

    There have been two recent cases in Ontario which may significantly change the law of constructive dismissal in Canada. Both involve the interactions of employment standards legislation and the common law.
    CanadaEmployment and HR
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    An Implied Waiver Is Not Enough

    Privilege is a legal doctrine under which certain communications, made within the context of certain relationships, will be sheltered from disclosure to any other persons.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)

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