ArticleHow Low Can You Go: Court Awards Less Than Minor Injury Cap To Plaintiff In Uncontested Damages TrialThe case involved a motor vehicle accident in which the plaintiff claimed damages for personal injuries.CanadaLitigation, Mediation & ArbitrationCLC (Canadian Litigation Counsel)
ArticleRe-Serve Your Formal Offer If You Want Double CostsIn Rockyview Enterprises v Starline Windows, et al, (1601-03526) Justice Romaine dismissed the Plaintiff's appeal of Master Farrington's decision to summarily dismiss the claims against the Defendants, but refused to award double costs because the formal offer had not been re-served. CanadaLitigation, Mediation & ArbitrationCLC (Canadian Litigation Counsel)
ArticleReasonable Safety Is Sufficient To Absolve An Occupier Of Liability Under The OLAIn the recent Alberta Court of Queen's Bench decision of Westerveld v Cineplex Entertainment Corp, 2022 CarswellAlta 920, Master Mattis described the obligations imposed on...CanadaLitigation, Mediation & ArbitrationCLC (Canadian Litigation Counsel)
ArticleSummary Dismissal Granted: Sand Applied Moments Before Slip And Fall On SnowIn an unreported decision, Hannam et al v. Medicine Hat School Division No. 76, Master Robertson dismissed a claim from the bench after hearing oral arguments. CanadaLitigation, Mediation & ArbitrationCLC (Canadian Litigation Counsel)
ArticleAlberta Court Dismisses Constructive Taking Lawsuit - Municipal Law AlertOn May 31, 2023, Application Judge Mason issued her reasons for decision, summarily dismissing a $19.4 million claim for constructive taking against Alberta Transportation and the City of Chestermere.CanadaReal Estate and ConstructionCLC (Canadian Litigation Counsel)
ArticleNew Business Corporations Act Enacted March 12, 2023On March 12, 2023, the Saskatchewan Government enacted new legislation governing business corporations in Saskatchewan, The Business Corporations Act, 2021, SS 2021, c 6 (the "New Act").CanadaCorporate/Commercial LawCLC (Canadian Litigation Counsel)
ArticleSCC Lowers Standard For Proving Mental InjuriesIn Saadati v. Moorhead, 2017 SCC 28, the Supreme Court of Canada recently lowered the standard of proof for a mental injury. CanadaLitigation, Mediation & ArbitrationCLC (Canadian Litigation Counsel)
ArticleMaintaining Privilege Over Surveillance Records: Blackstone v Chen, 2026 ABKB 69The Plaintiff was injured in a motor vehicle accident and sued the Defendant. As is common in personal injury litigation, the Defence retained a private investigator to investigate...CanadaInsuranceCLC (Canadian Litigation Counsel)
ArticleNew Trial Ordered Following Failure To Consider Injuries Possibly Sustained In The Course Of Rehabilitation: Lessons From Aujla V Boldt 2025 BCCA 228Karenjit Aujla was involved in two separate motor-vehicle accidents in June 2015 and January 2016. She went to trial and was awarded damages in relation to these accidents - the decision in Aujla v Nijjar 2022 BCSC 1262...CanadaLitigation, Mediation & ArbitrationCLC (Canadian Litigation Counsel)
ArticleWaive Liability Goodbye: Takeaways From Bernier v. Ville D'OttawaIn Bernier (Litigation Guardian of) v. Ottawa (City), 2024 ONSC 6725, the plaintiff sought damages for injuries she suffered while participating in a cycling event in 2018.CanadaLitigation, Mediation & ArbitrationCLC (Canadian Litigation Counsel)
ArticleInterlocutory Consent Orders And The Court's DiscretionIn a recent case from the Alberta Court of Appeal, the Court considered the application of rule 9.15(4) of the Alberta Rules of Court...CanadaCorporate/Commercial LawCLC (Canadian Litigation Counsel)
ArticleHome Depot Not Liable for Slip and Fall in Parking LotIn Alberta, occupiers owe a duty to maintain a reasonable system of maintenance and inspection to keep their premises reasonably safe for lawful visitors. CanadaLitigation, Mediation & ArbitrationCLC (Canadian Litigation Counsel)
ArticleDrinking & Driving – SGI Licence SuspensionsAs criminal defense lawyers, we primarily advise our clients with respect to the criminal implications of certain driving offences. CanadaLitigation, Mediation & ArbitrationCLC (Canadian Litigation Counsel)
ArticleVaccination Or Rapid Test Workplace Policies Gaining Momentum And Validity As 4th Wave Workplace And Community Issues EscalateAttached is a link to the recent publication of the Alberta Federation of Labour. CanadaEmployment and HRCLC (Canadian Litigation Counsel)
ArticleSt. Michael's Hospital Fraud Case: Key Takeaways For Public Institutions And ContractorsThe ONSC found John Aquino ("Aquino"), former president of Bondfield Construction, and Vas Georgiou ("Georgiou"), former executive at St. Michael's Hospital (the "Hospital"), guilty of two counts of fraud over $5,000...CanadaGovernment, Public SectorCLC (Canadian Litigation Counsel)
ArticleFor Businesses Dissatisfied With Insurance Options, Captive Insurance May Be Coming To AlbertaTo stimulate investment in our economy, the Alberta government has announced new legislation that will permit a form of insurance that is currently only available in British Columbia.CanadaInsuranceCLC (Canadian Litigation Counsel)
ArticleWhat To Do Immediately After A Slip And Fall AccidentYou're a business owner who has made reasonable efforts to mitigate the risk of a slip and fall on the company's property, but accidents happen. CanadaInsuranceCLC (Canadian Litigation Counsel)
ArticleWhen Can A Broker Bind An Insurer? Navigating The Relationship Between Broker And Underwriter And The Case Of Deasan v. CNAIn a recent decision of Deasan Holdings Ltd. v. Continental Casualty Company, 2024 BCSC 580, Brownlee lawyers David Pick and Hassan Khan successfully argued that the plaintiff...CanadaInsuranceCLC (Canadian Litigation Counsel)
ArticleSocial Host Liability In Canada And What Steps A Responsible Host Can Take To Limit The Risks Caused By Intoxicated GuestsA recent British Columbia Supreme Court decision provides new insight into host liability when intoxicated guests are injured, or injure another person, after leaving a party.CanadaLitigation, Mediation & ArbitrationCLC (Canadian Litigation Counsel)
ArticleThe Impact Of Ministerial Order 27/2020: A Look At Rainard v Tan, 2023 ABKB 50Those time frames are commonly known as "limitation periods" and it can be hard to meet them at the best of times.CanadaLitigation, Mediation & ArbitrationCLC (Canadian Litigation Counsel)