Grimes v Governors of the University of Lethbridge, 2023 ABKB 432: A defence of Schedule C
Litigation is often a lengthy and costly experience for those involved in commercial disputes. Parties often assume that if they are successful, their entire legal fees will be paid for by the losing side. However, in Alberta that is the […]
Arbitration clauses – a thorny issue for third-party beneficiaries seeking to litigate
Husky Oil Operations Limited v. Technip Stone & Webster Process Technology Inc.[1] Summary This case involves an interesting set of facts in a construction context. Husky Oil Operations Limited (“Husky Oil”), the project owner, commenced an action against Technip Stone […]
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 […]
Costs awards: Your entitlement to indemnity for legal expenses
More so than most other forms of litigation, construction litigation often involves multiple parties and multiple issues, all of which typically result in a significant amount of documentary evidence as well as necessitating the input of expert witnesses. As a […]
The Importance of the Standard of Review in Judicial Appeals of Arbitration Awards
In 2017, the Supreme Court of Canada issued two separate decisions regarding appeals of arbitration awards: Attorney General of Quebec v. Ronald Guérin, [2017] 2 SCR 3 (“Guérin”) and Teal Cedar v. British Columbia, [2017] 1 SCR 688 (“Teal Cedar”). […]
