Recent product liability decision provides insight into circumstantial evidence, inferences, and expert evidence
Introduction The recent Alberta decision of ATCO Energy Solutions Ltd v Energy Dynamics Ltd, 2024 ABKB 162 (“ATCO Energy”) provides a helpful review of product liability law, discussing how circumstantial evidence may be used and how resulting inferences and theories […]
Misfeasance in public office: 6165347 Manitoba Inc et al v The City of Winnipeg et al, 2023 MBKB 114
Introduction and overview A recent decision from the Manitoba Court of King’s Bench, 6165347 Manitoba Inc et al v The City of Winnipeg et al, 2023 MBKB 114, sheds light on the tort of misfeasance in public office. The central […]
The Alberta construction trust: A remedy on projects that cannot be liened?
Introduction and overview The Alberta Prompt Payment and Construction Lien Act,[1] and its predecessor Builders’ Lien Act[2] primarily create a scheme in which a lien may be registered against title to any lands improved by the lien claimants work. Doing […]
Limitation periods and the issuance of invoices
Introduction and overview Harvest Operations Corp v Obsidian Energy Ltd, 2022 ABKB 848[1] is an appeal of a decision of Application’s Judge Prowse granting summary judgment in favour of the plaintiff, Harvest Operations Corp (“Harvest”), as operator of four petroleum […]
Right of appeal under Alberta’s Arbitration Act
Introduction and overview Agrium v Orbis Engineering Field Services, 2022 ABCA 266 (Agrium v Orbis), is a case involving statutory interpretation of section 7(6) of Alberta’s Arbitration Act, RSA 2000, c A-43 (the “Act”). Section 7 of the Act allows […]
