Mark Alexander

Partner | Edmonton

780.429.9730

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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