ArticleRe-Serve Your Formal Offer If You Want Double Costs After A Successful AppealStarline Windows manufactured and supplied windows for a condominium project in Calgary. CanadaReal Estate and ConstructionCLC (Canadian Litigation Counsel)
ArticleNavigating The Murky Waters Of Cyber-Attack Privilege | LifeLabs LP v. Information And Privacy Commissioner Of OntarioThis decision has the potential to drastically limit the ability of victims of cyber-attacks to maintain privilege over documents produced in response to a breach.CanadaPrivacyCLC (Canadian Litigation Counsel)
ArticleCase Comment: Harling v Lauf Finds Second-Counsel Costs Proper For Remote TrialThe Alberta Court of Queen's Bench recently illustrated the modern, more flexible approach to costs awards. In doing so, the Court considered the new phenomenon of remote trials.CanadaLitigation, Mediation & ArbitrationCLC (Canadian Litigation Counsel)
ArticleThe Timing Of Mandatory Mediations In Toronto Has ChangedAs of May 1, 2017, the practice direction regarding the timing of mandatory mediations in Toronto has changed.CanadaLitigation, Mediation & ArbitrationCLC (Canadian Litigation Counsel)
ArticleAlberta Court Of Appeal Comments On The Test For Setting Aside A Default JudgmentIn Yehya v Thomas, 2019 ABCA 164, the court of appeal revisited the test for setting aside a default judgment where there is a procedural flaw.CanadaLitigation, Mediation & ArbitrationCLC (Canadian Litigation Counsel)
ArticleClause Or Chaos? Decoding Forum Selection Clauses In ContractsRecently, the British Columbia Court of Appeal (BCAA) in Yegre EB Ltd. v. Seguin, 2024 BCCA 365, clarified the interpretation and enforcement of forum selection clauses in commercial contracts.CanadaLitigation, Mediation & ArbitrationCLC (Canadian Litigation Counsel)
ArticleExciting News For Ukrainian Nationals In Canada: A New Pathway To Permanent ResidencyOn October 23, 2023, Immigration, Refugee, and Citizenship Canada (IRCC) unveiled a remarkable opportunity for Ukrainian nationals living in Canada.UkraineImmigrationCLC (Canadian Litigation Counsel)
ArticleCare Home Insurers Add "Contagious Disease Exclusion Endorsement" To Limit COVID-19 LossesAs the pandemic unfolds, long term care and similar health organizations are facing new liability exposure.CanadaCoronavirus (COVID-19)CLC (Canadian Litigation Counsel)
ArticleeCase Note 2022 No. 02The mobility and fast-paced nature of today's world means that businesses are relying on technology more than ever to conduct business. While the use of technology in conducting businessCanadaCorporate/Commercial LawCLC (Canadian Litigation Counsel)
ArticleBenefits Of Mediation As A Form Of Alternative Dispute Resolution In Family LawWe take pride in being skilled litigators, negotiators, arbitrators, mediators, and advocates. In this article, we will help you understand the benefits and drawbacks of mediation in family law disputes.CanadaFamily and MatrimonialCLC (Canadian Litigation Counsel)
ArticleAn Overview of New Rules for International Students from Immigration, Refugee, and Citizenship Canada (IRCC)On January 22, 2024, Immigration, Refugee, and Citizenship Canada (IRCC) announced significant changes to the International Student Stream that will have major impacts on prospective and current students in Canada.CanadaImmigrationCLC (Canadian Litigation Counsel)
ArticleCar Surfing Is An Ordinary And Well-Known ActivityIn a recent case from the Ontario Superior Court of Justice from September 25, 2018, the Court held that "car surfing" is an ordinary and well-known activity of a vehicle such that statutory accident benefits coverage was afford for a resulting injury.CanadaInsuranceCLC (Canadian Litigation Counsel)
ArticleNavigating Past Injuries In Present Personal Injury Claims: Insights From Fedotkin v. OdobzinskiThe relationship between past injuries and medical recovery in a prior accident and present accident is not a novel concept. CanadaLitigation, Mediation & ArbitrationCLC (Canadian Litigation Counsel)
ArticleNew Alberta Paid Leave For COVID-19 VaccinationsAs many of you already have heard, effective yesterday April 21, 2021, Alberta's Employment Standards Code ("the ESC") was amended to require Alberta employers to provide up to 3 hours of paid job...CanadaCoronavirus (COVID-19)CLC (Canadian Litigation Counsel)
ArticleDefining Detection: The Fight Over Coverage In Paramount v. Chubb InsuranceThe case of Paramount Resources Ltd. v. Chubb Insurance Company of Canada, 2024 ABCA 266 centers on a dispute over insurance coverage following the release of condensate from a LVP...CanadaInsuranceCLC (Canadian Litigation Counsel)
ArticleDrawing The Line: Court Denies Paralegal Coverage Under Lawyer's PolicyIn Pryce v. Lawyers' Professional Indemnity Company, 2024 ONSC 6195, the Ontario Superior Court addressed whether a licensed paralegal was entitled to professional negligence coverage...CanadaInsuranceCLC (Canadian Litigation Counsel)
ArticleAdvance Payments And The Requirement Of "X-Ray Disclosure"In a recent case from the Alberta Court of Queen's Bench, the Court considered an application for advance payments under section 5.6(3) of the Fair Practices Regulation ...CanadaLitigation, Mediation & ArbitrationCLC (Canadian Litigation Counsel)
ArticleNo Hazard? No Liability!The Plaintiff alleged he slipped and fell on a puddle in a parking lot. Case law indicates puddles can be hazards but not in this case.CanadaLitigation, Mediation & ArbitrationCLC (Canadian Litigation Counsel)
ArticleThe Three Expert Rule: When Proving Your Claim Requires MoreIn Norris v Vomacka, 2024 ABKB 312, the Plaintiff was involved in a motor vehicle accident and alleged suffered from chronic pain, physical symptoms, balance issues, and psychological impairment.CanadaLitigation, Mediation & ArbitrationCLC (Canadian Litigation Counsel)
ArticleAlberta Court Of Appeal Confirms Any Judge Can Extend Time LinesA recent decision from the Alberta Court of Appeal in October 2017 confirmed any Judge from the Alberta Court of Queen's Bench could extend the timelines for the exchange of expert reports...CanadaLitigation, Mediation & ArbitrationCLC (Canadian Litigation Counsel)