Important clarification on litigation privilege and waiver of privilege: CNOOC Petroleum North America ULC v ITP SA , 2024 ABCA 139
This recent decision of the Alberta Court of Appeal provides important clarifications about the test for litigation privilege and the waiver of same that may result from voluntarily disclosure to unrelated third parties. Background In 2015, a northern Alberta pipeline […]
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 […]
Clarity on the duty to exercise contractual discretion in good faith: Wastech Services Ltd. v Greater Vancouver Sewerage and Drainage District, 2021 SCC 7
Overview The Supreme Court of Canada released its decision in Wastech Services Ltd v Greater Vancouver Sewerage and Drainage District [1] (the “Wastech Decision”) on February 5, 2021. The Wastech Decision was heard together with the case of C.M. Callow […]
