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  • Article

    Backlogs At The BC Human Rights Tribunal And Applications To Dismiss Complaints—A Strategy Update From The BCHRT

    The delay of complaint resolution and limitation on the available processes for determining complaints will continue. If you are a respondent waiting on the outcome of an application to dismiss...
    CanadaGovernment, Public Sector
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Developments In Cyber Risk

    Emerging issues include coaching and threat response, and a developing body of case law deals with liability for cyber breaches, in addition to drafting and interpretation of cyber risk policies and exclusions.
    CanadaInsurance
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Going For Broke(er): A Broker's Obligation To Disclose The Limits Of Its Expertise

    In 2049390 Ontario Inc. v. Leung, 2018 ONSC 5759, the Ontario Superior Court of Justice considered whether or not a broker owes a duty to advise their clients to obtain an estimate of the cost of reconstruction ...
    CanadaInsurance
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Self-Represented Litigant Ordered To Pay Double Costs To Insurer

    Most Insurers are aware of the higher costs associated with litigation where the opposing party is self-represented.
    CanadaInsurance
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    The Limits Of Crime Coverage Insurance Policies

    This question was recently addressed by the Alberta Court of Queen's Bench in The Brick Warehouse LP v. Chubb Insurance Company of Canada, 2017 ABQB 413.
    CanadaInsurance
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Electronic Document Discovery In Commercial Litigation

    One of the key components of conducting civil litigation in British Columbia is the production and discovery of documents by each of the parties to the lawsuit.
    CanadaLitigation, Mediation & Arbitration
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Journalistic Source Privilege Applies To Content

    In Kwok v. Canada (NSERC), 2013 ABQB 395, the Alberta Court of Queen’s Bench held that journalistic source privilege applies to some of the contents of the information given to a journalist, even though the sources of the information are known to the plaintiff.
    CanadaLitigation, Mediation & Arbitration
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Limits on Restrictive Covenants – Case Comment: MEDlchair LP v. DME Medequip Inc.

    On February 29, 2016, the Ontario Court of Appeal issued reasons for judgment in MEDlchair LP v. DME Medequip Inc., 2016 ONCA 168, allowing the appeal of the trial level decision (reported at 2015 ONSC 3718) on one important issue:
    CanadaLitigation, Mediation & Arbitration
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Canada’s Anti-Spam Law Comes Into Force July 1st, 2014

    The Government of Canada announced today that most of Canada’s Anti-Spam Legislation ("CASL") will come into force on July 1st, 2014.
    CanadaPrivacy
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Double Security For Lien Claimants?: The Stuart Olson Decision

    On September 18, 2015, the Supreme Court of Canada issued reasons for judgment in Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, 2015 SCC 43.
    CanadaReal Estate and Construction
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    How To Navigate The Subtleties Of Contract Warranties

    These clauses rarely receive much attention or comment but, a recent court decision has highlighted the risks inherent in these common clauses.
    CanadaReal Estate and Construction
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    A New "Passenger Bill Of Rights" Is En Route

    The rights of air passengers in Canada are soon to be enhanced.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Amendments To Transport Canada’s Oversight Of Private Operators

    Following the Transportation Safety Board of Canada’s report regarding a 2007 accident involving a private operator aircraft, the Minister of Transport determined that the certification and oversight of private operators were core responsibilities of Transport Canada that should not be held by the private sector.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    British Columbia Court Of Appeal Upholds Workers' Compensation Appeal Tribunal Decision Regarding Passengers' Rights To Sue For Damages Resulting From An Aircraft Accident

    On October 27, 2011, an aircraft crash-landed near the Vancouver International Airport.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Cutting It Close – Passengers Found Negligent For Booking Close Connections

    There are many ways in which passengers book air travel. Some use travel agents or tour companies, while others choose to book their travel online.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Do Protesters Have The Right To Demonstrate In Canadian Airports?

    In October 2011, eight members of an anti-abortion organization engaged in demonstrations in the Calgary Airport terminal building.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    New Canadian Air Passenger Protection Regulations

    On July 15, 2019, portions of Canada's new Air Passenger Protection Regulations (the "APPRs") came into effect (with the remainder to come into effect on December 15, 2019).
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    New Exemptions For Commercial UAV Operators

    Transport Canada recently introduced two new exemptions to simplify commercial umanned air vehicle (UAV) operations and safely integrate them into Canadian airspace.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Proposed Canadian Regulations: PFDs Must Be Worn On Seaplanes

    Canada has the highest volume of seaplane operations in the world. The TSB of Canada estimates that in the Vancouver Harbour alone, about 300,000 passengers travel on about 33,000 seaplane flights each year.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Year In Review: Airline Liability For "Bumping"

    In July 2014, the U.S. Court of Appeals for the Eleventh Circuit released a ruling in the case of Campbell v. Air Jamaica Ltd.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP

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