Exemptions to a tribunal’s authority to determine its own jurisdiction and the scope of arbitration clauses
In the recent case of Orica Canada Inc. v ARVOS GmbH [Orica], the Alberta Court of King’s Bench considered two issues which frequently arise in arbitration disputes: a tribunal’s authority to determine its own jurisdiction, often referred to as the […]
Selecting and changing the venue of a claim in Alberta
One of the initial decisions a plaintiff must make when deciding to pursue a claim in Alberta is where to commence their action, that is, which judicial centre (i.e., city or town) is the appropriate venue for their claim. This […]
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 […]
The Consequences of Faulty Workmanship may not be Excluded from Insurance Coverage: Condominium Corporation No. 9312374 v Aviva Insurance Company of Canada, 2020 ABCA 166
The Alberta Court of Appeal recently considered whether the cost to correct structural damage caused by a contractor was covered by a multi-peril insurance policy that excluded coverage for faulty workmanship. In Condominium Corporation No. 9312374 v Aviva Insurance Company […]
Limitation of Liability Clauses and Summary Disposition
In reasons dated April 1, 2019, a Master of the Alberta Court of Queen’s Bench summarily determined that a contractual limitation of liability clause served to limit the Plaintiff’s damages against a fire protection contractor to the cost of the […]
Liability Issues for Architects Revisited: An Analysis of Vermilion & District Housing Foundation v Binder Construction Limited
In the June 6, 2017 decision of Vermilion & District Housing Foundation v Binder Construction Limited, 2017 ABQB 365, the Alberta Court of Queen’s Bench considered claims by a building owner against multiple parties arising from alleged defects with the […]
Don’t Give the Game Away – Tips on Maintaining Litigation Privilege
Courts have long recognized the origin and rationale of solicitor-client privilege as a necessary and essential tool for the effective administration of justice. A related but conceptually distinct protection is that of litigation privilege. While both forms of privilege serve […]
