“A solemn promise” – enforcement of an undertaking and the doctrine of functus officio
The Alberta Court of King’s Bench in Star Energy Canada Inc v Builders Energy Services Ltd, 2023 ABKB 641 affirmed and enforced an undertaking personally given by the principal of Star Energy Canada Inc. (“SEC”), the plaintiff in the lawsuit, […]
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”) […]
Why competent legal advice is fundamental
Interpretative principles reiterated – “for awhile” does not mean indefinitely Four main principles of will interpretation were recently illustrated in Kirst Estate (Re), 2020 ABCA 233. In that case, the deceased left all of his assets, the most significant of […]
Debra Curcio Lister quoted on the use of consumer-grade disposable gloves in the Canadian Underwriter
Canadian Underwriter, “Better safe than sued: How to advise your clients on temperature screening, glove use”
Your commercial clients may expose themselves to legal risk if they don’t adhere to all government recommendations to protect clients and employees from the spread of coronavirus while re-opening, legal professionals warned. As social distancing rules loosen in various parts […]
The scope and interpretation of faulty workmanship exclusions in multi-peril policies
In Condominium Corporation No. 9312374 v Aviva Insurance Company of Canada, 2020 ABCA 166, the appellant condominium corporation (the “Corporation”), had engaged a contractor and an engineer to provide rehabilitation and maintenance work with respect to the parkade area in […]
