ArticleSurvival vs Limitation PeriodsSurvival periods for representations and warranties are frequently used in commercial agreements. The interplay between these survival periods and the Limitations Act...CanadaCorporate/Commercial LawBurnet, Duckworth & Palmer LLP
ArticleThe Supreme Court Of Canada Speaks To Rectification In Fairmont HotelsIn Canada v Fairmont Hotels Inc, According to the SCC, a general intention to structure a transaction for favourable tax treatment will no longer justify rectification...CanadaCorporate/Commercial LawBurnet, Duckworth & Palmer LLP
ArticleIs It Ever Too Late To Sue For Environmental Contamination?On February 6, 2019, the Alberta Court of Appeal released its decision in Brookfield Residential (Alberta) LP (Carma Developers LP)CanadaEnergy and Natural ResourcesBurnet, Duckworth & Palmer LLP
ArticleCan An Email Ever Be A Valid Will?People may decide to change their wills for many reasons, including getting married or divorced, having children, or a fallout with a sibling or other family member. CanadaFamily and MatrimonialBurnet, Duckworth & Palmer LLP
ArticleDying Without A Will: What's The Deal?Many people pass away without leaving a will, or they create a will but fail to include all their assets. Any part of an estate not covered...CanadaFamily and MatrimonialBurnet, Duckworth & Palmer LLP
ArticleNational Security Review Of Foreign Investments Will Be A Central Aspect Of Canada's Economic Security Going ForwardOn October 28, 2022, the Minister of Innovation, Science and Economic Development Canada (Minister) released the 2021-2022 Investment Canada Act Annual Report (2022 ICA Annual Report), ...CanadaGovernment, Public SectorBurnet, Duckworth & Palmer LLP
ArticleImportant Changes Coming To Trademark Opposition And Expungement ProceedingsAs of April 1, 2025, various amendments to the Trademarks Act and Trademarks Regulations will come into force.[1] The amendments largely aim...CanadaIntellectual PropertyBurnet, Duckworth & Palmer LLP
ArticleAlberta Pilot Project Aims To Set Trial Dates Earlier In The Litigation Process InsightFriday May 31, 2024 was the first opportunity for parties to obtain trial dates under a new pilot project at the Alberta Court of King's Bench. The pilot project, announced on April 23, 2024...CanadaLitigation, Mediation & ArbitrationBurnet, Duckworth & Palmer LLP
ArticleCan Limited Arbitration Help Alleviate Institutional Delay In Alberta?The expression "justice delay is justice denied" is ever so true for civil litigation in Alberta, and I expect many other provinces in Canada.CanadaLitigation, Mediation & ArbitrationBurnet, Duckworth & Palmer LLP
ArticleRule Against Overcompensation In Pierringer Settlements Should Be Applied Generously In Favour Of PlaintiffsOn September 21, 2018, the Court of Appeal released its decision in Canadian Natural Resources Limited v Wood Group Mustang.CanadaLitigation, Mediation & ArbitrationBurnet, Duckworth & Palmer LLP
ArticleSupreme Court Of Canada Finds No Duty To Consult With First Nations In The Development Of New LegislationThe Supreme Court of Canada (SCC) recently issued its decision (11 October 2018) in Mikisew Cree First Nation v. Canada, finding that the duty to consult does not apply to the development of legislation by ministers.CanadaLitigation, Mediation & ArbitrationBurnet, Duckworth & Palmer LLP
ArticleDelayed Rollout Of SEDAR+ And Exemptions From Certain Filing Deadlines During The TransitionOn June 29, 2023, the CSA announced that the launch of SEDAR+ will proceed on July 25, 2023, following a deferral from the previously anticipated June launch date.CanadaCorporate/Commercial LawBurnet, Duckworth & Palmer LLP
ArticleRecent Case An Important Reminder For Investors About What The Alberta Securities Commission Considers A SecurityIn general, a security is a debt or equity obligation issuers sell to investors to raise funds for business activities.CanadaCorporate/Commercial LawBurnet, Duckworth & Palmer LLP
ArticleChallenging Times For The Competitiveness Of Canada's Oil & Gas Industry: The "Green Energy" Imperative. Armed with their new mandates, both the provincial and federal governments introduced a renewed focus on the issue of climate change along with measures intended to reduce Canada's greenhouse gas (GHG) emissions.CanadaEnergy and Natural ResourcesBurnet, Duckworth & Palmer LLP
ArticleEnergy SectorIn the last 12-18 months, the Canadian oil & gas sector has been marked by a significant amount of consolidation and soaring crude oil and natural gas prices.CanadaEnergy and Natural ResourcesBurnet, Duckworth & Palmer LLP
ArticleGreen Shoots – Release Of The Government Of Alberta's Renewable Electricity ProgramAfter much speculation and waiting, on November 3, 2016 the Government of Alberta released plans on how it intends to achieve key aspects of its ambitious Climate Leadership Plan.CanadaEnergy and Natural ResourcesBurnet, Duckworth & Palmer LLP
ArticleThe Changing Landscape Of Privacy In The Digital Age: Supreme Court Rules Canadians' IP Addresses Attract A Reasonable Expectation Of PrivacyOn March 1, 2024, the Supreme Court of Canada (SCC) issued its 5-4 decision in R. v. Bykovets (2024 SCC 6), ruling that IP addresses attract a reasonable...CanadaPrivacyBurnet, Duckworth & Palmer LLP
ArticleCanada And Alberta Publish Agreement-in-Principle Regarding Methane EmissionsOn March 25, 2026, the Government of Canada and the Government of Alberta (the "Parties") published an agreement in principle (the "Agreement in Principle") to establish a new outcome-based methane equivalency...CanadaEnvironmentBurnet, Duckworth & Palmer LLP
ArticleUnderstanding Alberta's New Digital Probate Process: What It Means For YouIf you live in Alberta and are dealing with a loved one's estate, it's important to understand the recent changes to the probate process. In June 2022, Alberta introduced the Surrogate Digital Service.CanadaFamily and MatrimonialBurnet, Duckworth & Palmer LLP
ArticleAI Conversations & Chatbot Accountability Under Scrutiny: The Case Of The (Too) Helpful ChatbotOn February 14, 2024, British Columbia's Civil Resolution Tribunal (the Tribunal) found that Air Canada was on the hook for damages arising from its chatbot providing misinformation to a customer.CanadaTechnologyBurnet, Duckworth & Palmer LLP