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  • Article

    Hidden Pedestrian, Clear Liability: Lessons On Pedestrian Right-of-Way From The BC Court Of Appeal

    The Plaintiff, Annahis Basmadjian, was crossing Marine Drive at a marked crosswalk in West Vancouver. A bus in the curb lane slowed and then stopped to let her cross.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Mountain Bike Parks: Best Practices to Prevent Liability

    Who is to blame after a plaintiff is disabled from an accident at a mountain bike park? Two recent cases when analyzed together provide the best practices an occupier can follow to avoid liability.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Navigating Time And Terrain: Limitation Defence Succeeds Because Plaintiff Knew Of Hazard Before Injury Occurred | 2023 ABKB 218

    Recent developments in Alberta suggest the limitation period can begin before the injury has occurred. The Plaintiff brought an action against Homes by Avi, the Defendant, for personal injuries...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    It's A Sign! Court Confirms Municipalities Can Ban Roadside Ads

    On September 8, 2020, the Alberta Court of Queen's Bench upheld a municipality's authority to ban roadside trailer signs in Top v Municipal District of Foothills No. 31, 2020 ABQB 521.
    CanadaMedia, Telecoms, IT, Entertainment
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Can I Be Held Liable If My Niece Steals My Car And Crashes It During A Teenage Joyride?

    In Rowan v Kramer, 2025 ABKB 306, the Alberta Court of King's Bench contemplated a fundamental question of vicarious liability:
    CanadaTransport
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    You Oughta Know: Recent Court Of Appeal Case Reinforces Limitation Period Trigger

    In Lafferty v Co-operators General Insurance Co, 2021 ABCA 359, the Alberta Court of Appeal confirmed that it's not what a plaintiff knows, but what a plaintiff should know that starts the clock...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Clarifying The Impact Of Informal Offers On Cost Calculations

    The construction law judgment in ILI's Painting Services Ltd. v. Homes by Bellia Inc., 2020 ABQB 372 clarifies the law on informal ("Calderbank") offers in the context of costs awards.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Understanding The Digital Charter Implementation Act, 2020

    Canadian businesses and organizations should be aware of upcoming changes to the country's federal privacy legislation, which introduces new data protection requirements and serious penalties for organizations which do not comply with them.
    CanadaPrivacy
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    BC Court Puts A Pin In The Analysis For An Insurer's Duty To Defend

    Embedded within insurance contracts, and a key aspect of insurance coverage, is the duty to defend. A pivotal obligation that mandates insurers to provide legal representation and financial support when claims...
    CanadaInsurance
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Unraveling The Aftermath Of A Property Loss Claim | Eaglestone V. Intact Insurance, 2022 BCSC 2007

    In the aftermath of a fire, the claims process can be confusing and difficult to understand. Most policies contain few, if any, provisions explaining exactly how the claims process works.
    CanadaInsurance
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Get With The Times: Alberta Court Of Appeal Greenlights Videoconferencing

    In May 2020, amidst the Covid-19 pandemic, the respondents sought to conduct questioning by way of videoconference.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Triable Issues & Legal Clocks: Park Place Condo Roof Dispute Examined

    An ongoing dispute over a leaky roof between a condominium board and the developer responsible for the condominium's construction sheds light on the challenges faced by litigators...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    The Litigation Dance: What Steps Count?

    McKay v Prowse, 2020 ABCA 131 provides an update from the Alberta Court of Appeal about the principles of delay and Rule 4.33
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    B.C. Court Finds No Liability For Company Hired To Clear Municipal Sidewalks

    A recent decision by the Supreme Court of British Columbia has found that a pedestrian who slips and falls on a municipal sidewalk cannot sue a contractor retained
    CanadaCorporate/Commercial Law
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    A Series Of Unfortunate Events: Proving Fraud In The Insurance Context

    Over a three-month span, three vehicle collisions occurred in Surrey, British Columbia.
    CanadaCriminal Law
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Three Words To Avoid Broker Liability: Document, Document, Document

    An insurance broker negligence claim arose from a motor vehicle accident involving an underinsured motorist. The decision of the British Columbia Supreme Court in Carriere de Davide...
    CanadaInsurance
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    The Supreme Court Of Canada Weighs The Validity Of Limitation Of Liability Clauses

    At times, the Civil Code in Quebec departs from upholding freedom of contract in order to neutralize "abusive" clauses that are excessively and unreasonably detrimental to the other party.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    ABCA Says No Liability For Owner Of Vehicle In WCB Claim

    The Workers' Compensation Act provides statutory immunity for other entities covered by WCB.
    CanadaEmployment and HR
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Summary Of Emergency Measures For Homeowners

    With businesses shutting down (by order of law or voluntarily) to prevent the spread of COVID-19, it is clear that the economy is slowing dramatically.
    CanadaFinance and Banking
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    British Columbia: What is Reasonable in the Context of the Mitigation Argument?

    The Supreme Court of Canada has held that once a plaintiff has established damages, the onus shifts to the defendant to establish any culpable failure to mitigate. The
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)

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