Embracing alternative dispute resolution in estate litigation matters: A shift towards collaboration
In recent years, there has been a significant shift towards collaborative law and alternative dispute resolution (ADR) methods. Whether stemming from a contract or a will, parties increasingly opt for ADR, including mediation, judicial dispute resolution, arbitration, and hybrid methods […]
British Columbia Court of Appeal confirms exaggerated builder’s lien claims may face cancellation, not reduction
Parties facing grossly exaggerated lien claims now have some additional arsenal to defeat the liens before trial. In Darwin Construction (BC) Ltd. v PC Urban Glenaire Holdings Ltd., the British Columbia Court of Appeal (“BCCA”) clarified the circumstances under which […]
Kelana Holdings Ltd. v 393510 Alberta Ltd.: Civil contempt standards and implications for enforcement
A recent decision by the Alberta Court of King’s Bench in Kelana Holdings Ltd. v 393510 Alberta Ltd., 2023 ABKB 486 [Kelana],[1] provides clarity for parties looking to exercise their rights of enforcement when a party does not comply with […]
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 […]
Pay Equity Act comes into force this summer for federally regulated employers
The Government of Canada has announced that the Pay Equity Act will come into effect on August 31, 2021. Employers in federally regulated industries will have three years to identify and correct pay disparities within their workplaces. This pay equity […]
