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  • Article

    Blood From A Stone: Costs Awards Against Bankrupts Under The Bankruptcy And Insolvency Act

    There is a certain irony in awarding costs against a bankrupt. After all, the defining feature of bankruptcy is that the debtor is, by definition, insolvent.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Break Glass In Case Of Emergency: Imminent Filing Deadlines And What To Do

    In Frog Lake First Nation v 2250657 Alberta Ltd, 2025 ABKB 206, the Honourable Justice Douglas R. Mah (Edmonton) clarified three things: what it means to have "commenced" an appeal...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    What Stefanyk hath wrought: a review of recent applications of the Alberta Court of Appeal decision in Stefanyk v Sobeys Capital Incorporated on summary judgement applications

    In March of 2018, the Alberta Court of Appeal released its decision in Stefanyk v Sobeys Capital Incorporated, 2018 ABCA 125 (Stefanyk). The claim was for injuries suffered by a customer at a Sobeys store in Calgary after she was startled ..
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    "Durability" Stands The Test Of Time In Future Income Loss Claim (Boucher v. Bemister, 2023 BCCA 17)

    The Appellant/Defendants appealed a damage award for a motor vehicle accident, specifically for loss of future income capacity.
    CanadaEmployment and HR
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Pipeline Predicaments: A Showdown Of Environmental Liability In Alberta's Court Of Appeal

    When the polluter pays for the clean-up costs of a pipeline leak, can they then turn around and seek to recover these costs from the parties responsible for installing the pipeline decades before?
    CanadaEnvironment
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Court Of King's Bench Confirms Stigma Damages And Strict Interpretation Of MGA Defences | Legare v Acme (Village), 2023 ABKB 145

    In Legare v Acme 2022 ABPC 54, the Provincial Court of Alberta determined the Village of Acme was liable to the Plaintiff resident homeowners for a sewage block that caused extensive damage ...
    CanadaGovernment, Public Sector
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Rule 3.45 Is Not A Limitation Period

    In Kapeluck v Two Girls And A Hammer Inc., 2022 ABQB 467, the Applicant ICF Plus Inc. ("ICF") successfully appealed a Master's decision denying ICF's application to file a third-party claim...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    When The Party's Over - Peterson v Anderson, 2025 NSSC 186

    On December 1, 2019 SK held a party for varsity athletes from the men's and women's sports teams.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Wigdor V. Facebook Canada Ltd. And The Problem With “Explicitly” Contracting Out Of Notice Periods

    The Ontario Court of Appeal's decision in Wigdor v. Facebook Canada Ltd. awarded a former employee over US$4.7 million in Restricted Share Units, establishing that such benefits must continue vesting during statutory notice periods. This landmark ruling emphasizes the critical importance of statutory compliance in employment agreements, particularly following business acquisitions, and clarifies that forfeiture provisions cannot override employees' rights to contractual benefits during notice periods.
    CanadaEmployment and HR
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    So You're Considering Buying A Business? A Primer On Asset Purchase Transactions For Purchasers Part One Of Our M&A Series

    You are deciding to take a leap and purchase a business, but you are not sure how best to structure the agreement.
    CanadaCorporate/Commercial Law
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Back-Up Servers And Privacy Legislation

    Professor Anton Oleynik of Memorial University in Newfoundland and Labrador was denied a research grant by the Social Sciences and Humanities Research Council of Canada in 2007.
    CanadaPrivacy
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Residency Is Out, And Transparency Is In

    On November 16, 2021, amendments to the Corporations Act (the "Act") received royal assent, and the Act comes into force on April 1, 2022.
    CanadaCorporate/Commercial Law
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    So You're Considering Buying A Business? A Primer On Asset Purchase Transactions For Purchasers

    You are deciding to take a leap and purchase a business, but you are not sure how best to structure the agreement. Let's take a look at the different types of purchase transactions available.
    CanadaCorporate/Commercial Law
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Spousal Privilege In Criminal Trials

    A common misconception in criminal proceedings is that any communications between an accused and their spouse cannot be used against them.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Context Is Key: Understanding "Entire Agreement" Clauses In Contracts

    This eCaseNote examines the impact of this decision on "<em>Entire Agreement</em>" clauses in pre-contractual representations.
    CanadaReal Estate and Construction
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Clearing The Smoke: Ambiguous Marijuana Exclusions In Insurance Policies

    In Busato case (2025 BCCA 79), the British Columbia Court of Appeal considered the applicability of an exclusion clause in a homeowner's insurance policy concerning marijuana cultivation.
    CanadaCannabis & Hemp
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Indemnification And The Duty To Defend In Commercial Agreements

    The Alberta Court of Appeal ("ABCA") recently provided a beneficial review of the law of indemnification and the duty to defend in Alberta.
    CanadaCorporate/Commercial Law
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    An Important Decision For Property And Casualty Insurers: Abbas v Esurance Insurance Company Of Canada, 2023 ABCA 36

    The case involved Ali Abbas, an insured of Esurance who suffered life-altering injuries in a car accident with an uninsured driver.
    CanadaInsurance
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Bill 30's Amendments To The PPCLA: Streamlining The Prompt Payment And Adjudication Process

    On April 1, 2025, the Service Alberta Statutes Amendment Act, 2024 ("Bill 30") came into force, ushering in significant amendments to key legislation under the Ministry of Infrastructure...
    CanadaReal Estate and Construction
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Harvest Sky Solar Farm: Town Of Hanna Successfully Intervenes Before The AUC To Stop A Solar Power Plant

    The Alberta Utilities Commission (the "AUC") rejected an application for a 15-MW solar project called the Harvest Sky Solar Farm based on opposition from the Town of Hanna (the "Town").
    CanadaEnergy and Natural Resources
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)

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