Embracing alternative dispute resolution in estate litigation matters: A shift towards collaboration
In recent years, there has been a significant shift towards collaborative law and alternative dispute resolution (ADR) methods. Whether stemming from a contract or a will, parties increasingly opt for ADR, including mediation, judicial dispute resolution, arbitration, and hybrid methods […]
No more take-backs: Supreme Court of Canada restricts equitable remedies
Introduction In 2016, the Supreme Court of Canada (“SCC”) released their decision in Canada (Attorney General) v Fairmont Hotels Inc., 2016 SCC 56 (“Fairmont”), in which they restricted the availability of rectification, an equitable remedy whereby the court corrects error(s) […]
The tort of harassment: Alberta Health Services v Johnston
Introduction and overview A tort is a wrongful act committed by an individual that causes a claimant to suffer a loss or harm, leading to civil liability. In the recent decision of Alberta Health Services v Johnston, 2023 ABKB 209, […]
Giving the “thumbs up” to contractual acceptance
Compared to other forms of communication, authors of text messages tend to prefer brevity. Why use more words when less words will work? Better yet, why use words at all when an emoji can accurately deliver a message? This kind […]
The contractual duty of good faith and self-interest: Business Development Bank of Canada v Cummins, 2023 ABKB 173
Introduction In a breakdown of a contractual relationship, the “duty of good faith” is often touted by parties who feel that they have been treated unfairly. However, a recent decision by the Court of King’s Bench has clarified that the […]
Frivolous, vexatious, or abusive applications or proceedings: The Court of King’s Bench clarifies (and limits) the use of Civil Practice Note 7
Introduction On April 12, 2023, Associate Chief Justice Nielsen provided much needed clarity on the purpose of Alberta’s Civil Practice Note 7 (“CPN7”) entititled “Vexatious Application/Proceeding Show Cause Procedure (General Powers to Stay or Dismiss a Frivolous, Vexatious, or Abusive […]
Do private investigators in Alberta owe a duty of care to a person they are investigating?
Introduction Do private investigators in Alberta owe a duty of care to a person they are investigating? The Supreme Court of Canada (“SCC”) and the courts of Alberta have yet to rule on this question, and there is conflicting case […]
Confirming Alberta’s approach to specific performance: Kroetsch v Chick, 2023 ABKB 326
Introduction and overview Specific performance is an equitable remedy that can be ordered by a court to compel a person to perform a contractual obligation. This remedy is only available when monetary damages are inadequate. In the recent decision of […]
Enforceability of non-competition clauses and damages for mental distress in commercial agreements: Ruel v Rebonne, 2023 ABCA 156
Introduction and overview In Ruel v Rebonne, 2023 ABCA 156,[1] the Alberta Court of Appeal (“ABCA”), upheld a 5-year non-competition clause in a purchase and sale agreement as being reasonable. In doing so, the Court confirmed the proper approach for […]
The Alberta Court of Appeal cancels fishing expedition of corporate consultants: CNOOC Petroleum North America ULC v 801 Seventh Inc, 2023 ABCA 97
Introduction and overview The Alberta Court of Appeal’s decision in CNOOC Petroleum North America ULC v 801 Seventh Inc, 2023 ABCA 97 [CNOOC Petroleum] summarizes the discovery regime under the Alberta Rules of Court, Alta Reg 124/2010 [Rules], and provides […]
Not so “Small Claims Court”: A provincial court claim limit increase for Alberta
Update: June 15, 2023 – Alberta Court of Justice claim limit to double as of August 1, 2023 The limit for monetary claims in the Alberta Court of Justice (formerly the Provincial Court) (the “Court”) is soon to be set […]
Recognizing and enforcing foreign judgments in Alberta
In our increasingly global community, disputes often do not adhere to traditional jurisdictional boundaries. The same holds true for the enforcement of judgments and orders. Increasingly, parties are looking to other provinces or countries to enforce their judgments. However, in […]
Adjournment applications at critical junctures – A cautionary tale on expert evidence
Introduction and overview The Alberta Court of King’s Bench’s decision in Baldock Estate v Abou Reslan, 2023 ABKB 149 [Baldock Estate], reaffirms the test for granting an adjournment after the commencement of trial and provides insight into the Court’s assessment […]
New potential for oppression provisions of the Alberta Business Corporations Act
The Alberta Court of King’s Bench allowed a dismissed employee to use the oppression remedy for a severance claim in Wisser v. CEM International Management Consultants Ltd., 2022 ABQB 414. The dismissed employee successfully brought a claim as a creditor […]
The risks of failing to document memories and diligently progress an action
Introduction and overview Rule 4.31(1)(a) of the Alberta Rules of Court, Alta Reg 124/2010 (the “Rules”) provides that if “delay” has occurred in an action, the Court may dismiss all or any part of a claim if the Court determines […]
Appointing an inspector to assist with Court directed investigations in Alberta will be done sparingly
Introduction The Alberta Court of King’s Bench recently considered an application to appoint an inspector under Section 232 of the Alberta’s Business Corporations Act, RSA 2000 c B-9 (the “ABCA”). The Court in Khimji v Khimji, 2022 ABKB 829 (“Khimji”) […]
The Supreme Court weighs in on the effect of receivership on a party’s Arbitration Agreements
Introduction and overview The Supreme Court of Canada’s decision in Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41 [Peace River v Petrowest] clarifies whether, and in what circumstances, a contractual agreement to arbitrate should give way to the […]
“Ha! Ha! Should have been more careful!” is not a defence to fraud
For over 150 years, the law has been clear that there is no “want of due diligence” or “contributory negligence” defence available to a person sued for fraud.[1] Despite this long history, defendants still attempt to rely upon the defence, […]
Failure to prevent a data breach not equal to invasion of privacy: Ontario Court of Appeal shuts the door on “intrusion upon seclusion” tort
The Ontario Court of Appeal has released a new trilogy of cases regarding the privacy tort “intrusion upon seclusion.” Specifically, whether the privacy tort is available as against commercial entities collecting and storing clients’ personal information, where there was a […]
Supreme Court decision clarifies the test for a constructive taking, expanding scope of compensation for property owners
Introduction On Friday, October 21, the Supreme Court of Canada released its decision in Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36. The main issue in the case was the proper approach to assessing government liability for a […]
Right of appeal under Alberta’s Arbitration Act
Introduction and overview Agrium v Orbis Engineering Field Services, 2022 ABCA 266 (Agrium v Orbis), is a case involving statutory interpretation of section 7(6) of Alberta’s Arbitration Act, RSA 2000, c A-43 (the “Act”). Section 7 of the Act allows […]
When will the incorporation of a new company be oppressive?
Introduction A recent decision of the Alberta Court of King’s Bench, Wisser v CEM International Management Consultants Ltd,[1] involved the Court imposing personal liability against the directors of a corporation for damages for wrongful dismissal pursuant to the oppression remedy […]
Delay is ok? The Supreme Court of Canada’s ruling on delay and abuse of process in administrative proceedings
Administrative proceedings can be complex, difficult to manage and often last multiple years. Recently, in the case of Law Society of Saskatchewan v Abrametz[1], the Supreme Court of Canada (the “SCC”) rejected an expansion of the use of a stay […]
The Alberta Court of Appeal affirms high threshold for setting aside arbitral awards on the basis of procedural unfairness
In a decision issued on June 9, 2022, the Alberta Court of Appeal (“ABCA”) affirmed an Alberta Court of Queen’s Bench (“ABQB”) decision that refused to set aside an arbitral award on the basis of manifest unfairness under Section 45 […]
What triggers the running of a limitation period in Alberta? The applicability of Grant Thornton LLP v. New Brunswick
Last year, in Grant Thornton LLP v. New Brunswick, 2021 SCC 31, the Supreme Court of Canada clarified the law on discoverability of a civil claim under New Brunswick’s limitation legislation. This ruling has significant impacts on defining the start […]
It’s only money: Pure economic loss and the decision of Rieger v. Plains Midstream Canada ULC, 2022 ABCA 28
On January 31, 2022, the Alberta Court of Appeal (ABCA) issued its decision in Rieger v. Plains Midstream Canada ULC.[1] The ABCA adopted the analysis as set out in the Supreme Court of Canada (SCC) decision, 1688782 Ontario Inc. v. […]
Key changes impacting the Courts of Alberta
The Queen’s Bench becomes the King’s Bench, the term “Master” is phased out, and other changes of note The Alberta Court of Queen’s Bench issued several notices in August and September 2022, announcing important changes to civil practice in the […]
Summary Judgment and Small Claims Court
The stated purpose of the Small Claims Court is to provide a streamlined process for parties to pursue claims of up to $25,000 in a cost-effective and efficient manner. In Superior Court, one of the options available to try and […]
Moore v. Getahun – Court of Appeal Clarifies Rules Regarding Expert Witnesses
In January of 2014, Madam Justice Wilson of the Ontario Superior Court of Justice released her reasons in Moore v. Getahun. The case was not noteworthy for the facts, which related to a motorcycle accident in which the plaintiff injured his […]
The Last Word: When Can a Party File Further Affidavit Evidence After Cross-Examination
The decision of Perell J in Shah v. LG Chem, 2015 ONSC 776, addresses the topic of when a party should be granted leave of the court, under Rule 39.02(2), to deliver further affidavit evidence after cross-examination. The plaintiffs commenced […]
The Latest on Rule 49 Offers to Settle
Facts: 11 months before trial, a defendant makes an offer to settle. On the eve of trial, the plaintiff accepts the offer. The offer includes as a term, “costs to be agreed upon or assessed.” After acceptance of the offer, […]
Ontario Announces E-Filing for Small Claims Court
Following a successful six-month pilot project, Ontario plaintiffs can now file small claims court forms and pay court filing fees online. So far, the e-filing service is only available to parties who are initiating claims (defendants cannot respond to a […]
Bad Faith and Claims Surviving Bankruptcy
One of the primary reasons why people declare bankruptcy is that upon being discharged, the bankrupt person is released from their obligation to repay most of the debts that had existed at the time they went bankrupt. I say most […]
