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  • Article

    Transport Tangles: Liability Limits And Insurance Agreements

    The Plaintiff and the Defendant entered into a transport agreement, under which the Defendant was responsible for transporting the Plaintiff's goods between its depots in Calgary and Edmonton.
    CanadaTransport
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Court Denies Workers' Compensation Board's Claim Against Vehicle Lessor

    Brownlee LLP was successful in obtaining the dismissal of a claim brought by the Workers' Compensation Board against a vehicle lessor for damages suffered by a worker as a result of a motor vehicle accident.
    CanadaInsurance
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Hail Damage: When Does Matching Siding Require Full Replacement? | Tansey v. Allstate Insurance Company Of Canada, 2026 ABKB 525

    An Alberta court examines whether property insurers must replace all exterior siding when hail damages only portions of a home, but sun-bleached existing materials create permanent, visible color mismatches that affect property value. The decision clarifies when partial repairs fail to meet policy requirements for restoration with property of like kind and quality.
    CanadaInsurance
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Defendants Are Not Liable For ‘freak Accident' — Delfs V Stricker, 2022 BCSC 373

    "The mere fact the accident happened does not mean it happened negligently" — sometimes, accidents just happen.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    A Plug Nickel's Worth Of Coverage For Intentional Acts: Urbanmine Inc. v St Paul Fire And Marine Insurance Co. 2017 MBCA 42

    As so many of the coverage opinions I write concern construction defects and building deficiencies, it can be refreshing to review decisions that consider unusual or ‘nefarious' allegations against...
    CanadaInsurance
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Implementing A COVID-19 Vaccine Policy In The Workplace

    Mandatory vaccination policies trigger competing issues: in aggregate they may be necessary to protect the health of a majority of workers, but on an individual level a vaccination...
    CanadaEmployment and HR
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Recent Saskatchewan Court Of King's Bench Decision Reaffirms The Broad Application Of The One-year Limitation Period For Suing Municipalities In Saskatchewan

    In Canadian National Railway Company v Town of Edgeley and RM of South Qu'Appelle No. 157, 2025 SKKB 202 [Edgeley], the Honourable Mr. Justice A.S. Davis ruled in favour of the municipality defendants...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Restraint Of Trade Following Changes To The Competition Act

    As a result of amendments made to the Competition Act, RSC 1985, c C-34 (the "Act") that came into force on June 23, 2023, agreements between employers that seek to manipulate wages...
    CanadaAntitrust/Competition Law
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Is Your Enterprise Prepared To Report On Forced & Child Labour? Deadline Is May 31!

    On January 1, 2024, the Government of Canada enacted the Fighting Against Forced Labour and Child Labour in Supply Chains Act (Bill S-211)...
    CanadaCorporate/Commercial Law
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    BC Court Of Appeal Reins In Excessive Loss Of Future Earning Capacity Award | Deegan V. L'Heureux, 2023 BCCA 159

    In Deegan v. L'Heureux, 2023 BCCA 159, the BC Court of Appeal stepped in and replaced the trial judge's significant award of $250,000 for loss of future earning capacity for the lesser amount of $70,000.
    CanadaEmployment and HR
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    The Impact Of Credibility On Personal Injury Awards: Lessons From Artindale-Eeles V Mercer, 2024 ABKB 233

    In the most recent personal injury decision out of Alberta related to a motor vehicle accident, the Plaintiff's credibility was deemed unreliable and inconsistent by the Court.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    The Weir-Jones (2019) Summary Judgment Hangover: Two Similar Occupiers' Liability Cases With Different Results

    If the moving party has met its burden, the resisting party must put its best foot forward and demonstrate there is a genuine issue requiring a trial.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Bad Tenants, Good Process: First Steps For Residential Landlords In Alberta

    Almost every landlord must deal with a difficult tenant eventually. Sometimes the issue is unpaid rent. Sometimes it is damage to the unit. Sometimes it is repeated complaints from neighbours, unauthorized occupants...
    CanadaReal Estate and Construction
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Personal Circumstances Given Weight In A Plaintiff's Failure To Mitigate: Trafford v Byron, 2022 BCSC 1896

    This recent decision from the British Columbia Supreme Court commented on a plaintiff's responsibility to mitigate their damages when they have limited means to do so.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Use Of Social Media Evidence At Trial

    Social media evidence can be instrumental in challenging the credibility of personal injury plaintiffs. Where a party claims to be injured, disabled, or suffering emotional trauma from their involvement in an accident...
    CanadaMedia, Telecoms, IT, Entertainment
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Go Rogue, Go Broke: Refining Corporate Responsibility In Insolvency: Aquino V Bondfield Construction Co., 2024 SCC 31 And Scott V Golden Oaks Enterprises Inc., 2024 SCC 32

    When corporate leaders go rogue, engaging in self-dealing or fraud, the legal question often arises: who bears the blame—the directors or the company they lead? In Canada, the "corporate attribution doctrine".
    CanadaCorporate/Commercial Law
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Case Comment: Chisholm v. Valemount Forest Products Ltd., 2025 BCCA 48

    The Plaintiff was riding his motorcycle on the Canoe West Forest Service Road when he hit a log on the roadway. He filed a claim for personal injury and property damage...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Cost Inflation In Alberta Litigation: The Grimes Multiplier

    Mr. Grimes was suspended from the University of Lethbridge following a series of communications involving a professor he was unhappy with.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Governance Changes: The Impact Of The Municipal Affairs Statutes Amendment Act, 2024

    The Municipal Affairs Statutes Amendment Act, 2024 (formerly Bill 20) (the "Act") was proclaimed to be in force on October 31, 2024 by Order in Council 285/2024. The Act has made a number of changes...
    CanadaGovernment, Public Sector
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Discharged To Develop: The Tension Between Private And Public Development Rules

    In 2357596 Alberta Ltd v Antoniuk, 2026 ABKB 81 (“Antoniuk”), a property owner sought to remove a restrictive covenant from their property title.
    CanadaReal Estate and Construction
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)

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