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  • Article

    You Can't Always Dodge A Waiver

    The Ontario Superior Court of Justice recently re-affirmed the usefulness of waivers to protect companies from liability, as long as the waiver explicitly covers the contemplated risk and is brought...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Pub Not Liable For Spontaneous Assault By Assailant Due To ‘Hidden Intoxication'

    Licensed establishments face many unique challenges. One challenge is the danger caused by intoxicated patrons to other guests.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    The Court Provides Clarity On The CPN7 Apparent Vexatious Application Or Proceeding (AVAP) Procedure

    In De'Medici v Wawanesa Mutual Insurance Company, 2023 ABKB 210, the court took the opportunity to provide clarity on the Civil Practice Note 7 ("CPN7") procedure for dealing with apparently vexatious applications...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Think Your Lawsuit Is Worth Billions? Think Again

    In Sun v Allwest Insurance Services Ltd.,(1) the Court dealt with and ultimately dismissed the unmeritorious action commenced by litigants deemed to be vexatious under Alberta's Civil Practice Note 7 (CPN7).
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Throwing Eggs From A Car Is An Ordinary And Well-Known Activity

    In a recent case from the Ontario Supreme Court from March 22, 2019, the Court held that throwing eggs from a moving vehicle was an ordinary and well-known activity of automobiles...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Federal Government's Continued Commitment To Establishing A Canada Water Agency

    On April 7, 2022, the Federal Liberal Government released its 2022 Budget entitled "A Plan to Grow Our Economy and Make Life More Affordable."
    CanadaEnvironment
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Proposed Bill To Repeal Mandatory Minimums For Drug Offences

    Last year, Adam MacNeil wrote an article outlining a newly implemented Federal Guideline directing Crown Prosecutors only to prosecute the most serious of drug possession charges.
    CanadaFood, Drugs, Healthcare, Life Sciences
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Collateral Attacks Fail Against Municipalities

    The order also delayed that action by the City to give the property owner the opportunity to apply for and appeal the development permit.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Off The Clock, But On The Hook: Off-Duty Misconduct, Employer Rights And Obligations

    When an employee's off-duty misconduct affects a colleague, employers face complex questions about their authority and obligations.
    CanadaEmployment and HR
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Pre-Employment Misrepresentations:Legal Implications And Termination Considerations

    If an employee made misrepresentations during the pre-employment process, termination for just cause may be an option, depending on the circumstances.
    CanadaEmployment and HR
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    How Much Is Chronic Pain In A Foot Worth Today?: Goold v Allen, 2025 ABKB 755

    n November 20, 2015, the plaintiff was involved in a low impact side swipe type collision with a City of Calgary bus. She suffered mild whiplash to her neck and upper back area which she admitted resolved relatively...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Summary Judgment: A Tale Of Two Tests

    A panel from the Alberta Court of Appeal recently issued their split decision in Whissell Contracting Ltd. v. Calgary (City), 2018 ABCA 204, on May 25, 2018. In that decision, the Court said summary judgment may be appropriate...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    The Whole Truth And Nothing But The Truth: Lessons From McGlue v. Girvan 2024 BCCA 208 On Proving Injury Claims

    The case McGlue v. Girvan, out of the British Columbia Court of Appeal highlights a rare occurrence in which the trial decision was overturned on appeal.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    When Do Waivers Work?

    Occupiers often rely on waivers signed by their patrons to escape legal liability. For example, in order to mitigate the risk of any potential lawsuits, occupiers ask their patrons to sign a waiver as part of either a gym membership agreement ...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    A Five-minute Penalty, Game Ejection … And A Criminal Record

    For many Canadians, the turn of the calendar into the fall and winter months means the return of playing hockey.
    CanadaCriminal Law
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    When Employment Controls The Journey: Lessons From Fushtey v. WCB, 2024 ABKB 725

    On March 23, 2018, Darryl Fushtey, an employee of Codeco-Vanoco Engineering Inc. ("Codeco"), was killed in a vehicle accident while traveling to northern Alberta.
    CanadaEmployment and HR
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Coffeehouse Brawl: Dangers In Litigating Personal Injury Without Expert Testimony

    The Plaintiff, Salm Ismail, and Defendant, Amir Hammad, were involved in an altercation at a Tim Hortons on January 2, 2013. The two had known each other since 2008 and had a long history of conflict revolving...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    In PetroFrontier, Alberta Court Of Appeal Advises On Protecting Solicitor-client Privilege When Pleading

    PetroFrontier Corp v Macquarie Capital Markets Canada Ltd, 2022 ABCA 136 arose from a bought-deal securities offering gone wrong.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Sunken Sprinkler Head Can't Trip Up Municipal Government Act Protections

    In 2019 and 2020, our municipal litigation team successfully defended the City of Lethbridge against an Occupiers' Liability Act claim – and a subsequent appeal – by relying on provisions within the Municipal Government Act (MGA).
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Alberta Court Of Appeal Articulates New Test For Imposing Limits On Medical Examinations

    The Alberta Court of Appeal released a decision on March 15, 2019, that will be influential in the personal injury area of practice.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)

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