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  • Article

    First Party Claims: Pleadings - Part 6 of 7

    First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer
    CanadaInsurance
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Benson Buffett ECase Note 2024 No. 02

    The Companies' Creditors Arrangement Act (the "CCAA") is a Federal Act that provides certain financially distressed corporations with the opportunity to restructure their affairs and avoid bankruptcy.
    CanadaReal Estate and Construction
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    R v Bykovets: Police Require Judicial Authorization Before Seeking IP Addresses In Criminal Investigations

    In R v Bykovets, 2024 SCC 6 [Bykovets], the majority of the Supreme Court of Canada (the "Supreme Court") recently held that internet protocol ("IP") addresses attract a reasonable expectation of privacy...
    CanadaPrivacy
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    The Supreme Court Of Canada Clarifies "Material Change" And The Leave Test In Securities Legislation In Lundin Mining Corp. v Markowich, 2025 SCC 39

    In Lundin Mining Corp. v Markowich, 2025 SCC 39 [Lundin Mining], an 8-1 majority of the Supreme Court of Canada determined that the definition of "material change" in securities...
    CanadaCorporate/Commercial Law
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Ancestral Remains On Construction Sites: Legal, Practical And Contractual Considerations

    Construction projects can face unexpected challenges, but few are as sensitive and consequential as the discovery of ancestral remains on a worksite.
    CanadaReal Estate and Construction
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    SCC Refuses To Fault Insurer For Gaps In Investigation

    In Trial Lawyers Association of British Columbia v Royal Sun Alliance Insurance Company of Canada, the Supreme Court of Canada recently decided an issue of coverage under an automobile policy.
    CanadaInsurance
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    What's Yours Is Actually Mine? Recent Case Law Clarifies The Line Between Municipal And Private Utility Responsibility, And Best Practices

    The Supreme Court of Canada dismissed leave to appeal, mid-February 2020, from an important 2019 Alberta Court of Appeal case: Condo Corporation No. 0410106 v. Medicine Hat (City) ("Medicine Hat").
    CanadaReal Estate and Construction
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Contract Or Tort? Alberta Court Of Appeal Revisits Pure Economic Loss In Construction Claims | Murray V Windsor Brunello Ltd, 2026 ABCA 275

    The Alberta Court of Appeal examines when financial losses from construction deficiencies may be recovered in negligence, distinguishing between claims for defective structures and negligent professional services. The decision addresses whether contractual relationships displace concurrent duties in tort and clarifies how parties may allocate risk through agreement.
    CanadaReal Estate and Construction
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    New Pyke Decision May Create Uncertainty For Municipal Statutory Defences

    Certain sections of the Municipal Government Act [1] place legal duties on municipalities, while other sections provide them with broad defences.
    CanadaTransport
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    A Practical Guide For Shareholder Disputes: When Internal Authority Breaks Down - The Indoor Management Rule

    In many shareholder disputes, one of the first points of conflict is whether a company's officers or directors actually had the authority to make the decisions or sign the agreements that are now being challenged.
    CanadaCorporate/Commercial Law
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    When Must An Estate Produce Documents In A Will Challenge? Applications For Production Of Records In The Context Of Will Challenges In Saskatchewan

    A recent Saskatchewan Court of King's Bench decision answers when the executor of an estate, or any third party possessing records of the testator, may be compelled
    CanadaFamily and Matrimonial
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Back To School, Back In Debt: Piekut v Canada (National Revenue), 2025 SCC 13

    When you go back to school, does your government student loan debt come with you? According to the Supreme Court of Canada's recent decision in Piekut v Canada (National Revenue), 2025 SCC 13 ("Piekut")...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    The Supreme Court Rules On Faulty Workmanship Exclusions And Interpreting Standard Form Contracts

    In Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., 2016 SCC 37 ("Ledcor"), the Supreme Court of Canada clarified the construction of 'faulty workmanship' exclusions in all-risk policies.
    CanadaInsurance
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    A Practical Guide For Shareholder Disputes Series: Corporate Governance And How To Proactively Avoid Disputes

    Shareholder disputes in private corporations are both common and costly. These disputes often stem from emotional entanglements, conflicting expectations, or inadequate corporate governance frameworks.
    CanadaCorporate/Commercial Law
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Stop That! Seeking And Obtaining Injunctive Relief

    This blog post discusses injunctions. An injunction is an equitable remedy. An injunction typically prevents or restrains a person from doing something (i.e. a prohibitive injunction)...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Reconsidering The Admissibility Of Section 276 Evidence In Sexual Offence Proceedings: A Review Of R V Reimer

    In R v Reimer, 2024 ONCA 519 [Reimer], the Ontario Court of Appeal ("ONCA") recently reviewed the legal regime created by section 276 of the Criminal Code and examined the admissibility of what is known.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Prepare Now For Incoming Changes To Construction Payment And Lien Regulations

    Change is coming to the Alberta construction industry in the form of new legislation for builders' liens and prompt payment.
    CanadaReal Estate and Construction
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    First Party Claims: Is Bad Faith Pleaded? - Part 4 Of 7

    First Presented at the CBA-OBA Professional Development Program: Fast Out of the Gate: An Insurance Law Primer
    CanadaInsurance
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    A Practical Guide For Shareholder Disputes Series: Derivative Action

    Disputes over misconduct that causes harm to a corporation can become highly contentious. Determining the appropriate course of action can be complex, particularly...
    CanadaCorporate/Commercial Law
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Legal Battle On Ice: Unpacking Liability, Injuries, And Damages In A Complex Car Accident Case

    The Alberta Court of King's Bench recently released the newest personal injury decision of Russel v Russell, 2024 ABKB 182, which related to a significant single-motor vehicle accident.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)

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