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  • Article

    When Does An Insurer Waive Its Right To Deny Coverage? The SCC To Provide Guidance

    On April 23, 2020, the Supreme Court of Canada granted leave to appeal in Bradfield v Royal Sun Alliance Insurance Company, 2019 ONCA 800, and thereby signaled its intent to consider the circumstances in which an insurer ...
    CanadaInsurance
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    A Brand's Legacy: Planning For Trademark Succession

    Estate planning often focuses on tangible assets – homes, bank accounts, and personal belongings.
    CanadaIntellectual Property
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Recent Court Of Appeal Decision Holds Cyclist Entirely At Fault For Passing Vehicle On The Right

    The British Columbia Court of Appeal recently found a cyclist to be solely at fault for an accident occurring when the cyclist attempted to pass a motor vehicle on the right.
    CanadaLitigation, Mediation & Arbitration
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Special Costs: When Pursuing Your Defamation Claim May Cost You

    A Plaintiff in a defamation action not only had its action dismissed, but its hands slapped by the Court with an order that it pay the Defendants special costs...
    CanadaLitigation, Mediation & Arbitration
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Business Disputes - Real Estate And Commercial Leasing Disputes

    Real estate and commercial leasing matters are a frequent source of business disputes which can often lead to a lawsuit.
    CanadaReal Estate and Construction
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Pure Economic Loss: What Is It And When Does It Bar A Construction Deficiency Claim?

    A construction deficiency claim is often based on the cost to repair the deficiency.
    CanadaReal Estate and Construction
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Understanding Risks In Warranties Is Crucial Before Signing Any Contract

    Warranties form part of nearly every construction contract yet they remain poorly understood by many stakeholders in the construction industry.
    CanadaReal Estate and Construction
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Does A Failed Tax Receipt Constitute Unjust Enrichment?

    In Neville v National Foundation for Christian Leadership, the British Columbia Court of Appeal considered whether a failed tax receipt constitutes unjust enrichment.
    CanadaTax
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Canada's Federal Court Affirms Public Safety Trumps Commercial Interests

    Earlier in 2015, the Federal Court heard two days of submissions from Canadian company Rotor Maxx Support Ltd. and the Minister of Transport.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Canada's New Low-Cost Airlines: Poised To Take Flight?

    Canada Jetlines Ltd. and NewLeaf Travel Company are hoping to capture a piece of the commercial air travel pie by competing for passengers looking for low-budget, no-frills air travel.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Canada Labour Code And Employee Safety: Is A Helicopter Medevac Operator Required To Provide Night Vision Goggles?

    In the early hours of May 31, 2013, a Sikorsky S 76A helicopter operated by Ornge Air Ambulance crashed shortly after take-off ...
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Court Grants Injunction Against Airport Protests

    In January 2014, we reported on a decision of the Alberta Provincial Court acquitting on criminal charges of trespass eight members of an anti-abortion organization...
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    COVID-19: New Aviation Regulations

    The global COVID-19 pandemic has had a significant impact across all industries, but few have been affected as severely as aviation.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Forum Non Conveniens – US Court Declines Jurisdiction

    In Eldeeb v. Delta Air Lines, Inc., 2018 WL 6435739, the District Court of Minnesota recently granted a motion to dismiss (on the basis of forum non conveniens)
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    In With The New, Out With The Old: Increased Liability Limits Under The Montreal Convention

    The Montreal Convention is an international treaty, adopted in 1999, and incorporated into Canadian law by way of the federal Carriage by Air Act.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Overhaul Of Canada’s Temporary Foreign Worker Program Affects Foreign Pilots

    The Government of Canada announced sweeping changes to its Temporary Foreign Worker Program, many of which were effective immediately.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Supreme Court Of Canada Dismisses Appeal Of Pilot In Discrimination Action Against Bombardier

    Last year, we posted an update about the Supreme Court of Canada's decision to hear an appeal involving Mr. Latif, a Canadian pilot of Pakistani descent.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Supreme Court Of Canada Sinks Italian Water Taxi Lawsuit

    One of the most interesting and important issues inherent in lawsuits arising from travel-related bookings (and arising in many aviation cases) is the exercise of jurisdiction by local courts over foreign based defendants. In a decision released last summer (in Sinclair v. Venezia), the Supreme Court of Canada considered the jurisdiction of the Ontario Superior Court of Justice over three Italian companies.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    UK Accident Investigation Reports Admissible In Legal Proceedings — What About Canada?

    The English Court of Appeal affirmed the ruling in Rogers v. Hoyle, which held that reports produced by the AAIB are admissible as evidence in civil proceedings.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Year In Review: CTA Rules On Standing For Discrimination Complaints

    In its Decision No. 425-C-A-2014, the Canadian Transportation Agency (CTA) directly addressed a person's right to bring a complaint of discrimination.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP

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