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By John H. Gescher (Brownlee LLP), Cody Foggin (Brownlee LLP)
In a recent decision, Mary Shuttleworth v Licence Appeal Tribunal, 2018 ONSC 3790, the Ontario Divisional Court confirmed that when a tribunal makes a decision, it must guard against creating a reasonable apprehension of a lack of independence of the decision makers.
By Nabeel Peermohamed - Brownlee LLP
A panel from the Alberta Court of Appeal recently issued their split decision in Whissell Contracting Ltd. v. Calgary (City), 2018 ABCA 204, on May 25, 2018. In that decision, the Court said summary judgment may be appropriate...
By Drew Wilson, Student-at-Law ( Brownlee LLP)
The Supreme Court of Canada has held that once a plaintiff has established damages, the onus shifts to the defendant to establish any culpable failure to mitigate. The
By Nabeel Peermohamed - Brownlee LLP
In Kowalchuk v. Blanchard, et al., (unreported), the Alberta Court of Queen's Bench recently applied the statutory defences under the Municipal Government Act to summarily dismiss the appeal of an unsuccessful amendment application.
By Nabeel Peermohamed - Brownlee LLP
The Workers' Compensation Act provides statutory immunity for other entities covered by WCB.
By Nabeel Peermohamed - Brownlee LLP
In an unreported decision, Hannam et al v. Medicine Hat School Division No. 76, Master Robertson dismissed a claim from the bench after hearing oral arguments.
By Nabeel Peermohamed - Brownlee LLP
In Stefanyk v. Sobeys, 2018 ABCA 125, the Alberta Court of Appeal recently confirmed the standard of proof for summary judgment applications as the civil standard.
By Nabeel Peermohamed - Brownlee LLP
In Bundschuh v. MacDonald Development Corporation, 2018 ABQB 188, Master Mason dismissed a summary dismissal application brought by one of the defendants because the plaintiffs served a Standard of Care Report raising a triable issue.
By Nabeel Peermohamed - Brownlee LLP
Who is to blame after a plaintiff is disabled from an accident at a mountain bike park? Two recent cases when analyzed together provide the best practices an occupier can follow to avoid liability.
By Nabeel Peermohamed - Brownlee LLP
Multi-party litigation is complex and Plaintiffs must exercise due diligence when ascertaining the identity of potential Defendants as soon as possible to avoid the expiry of limitation periods. The Alberta Court of Queen's Bench recently confirmed this in Condominium Corp. 0610078 v. Pointe of View Condominiums (Prestwick) Inc., 2016 ABQB 609.
By Nabeel Peermohamed - Brownlee LLP
A recent decision from the Alberta Court of Appeal in October 2017 confirmed any Judge from the Alberta Court of Queen's Bench could extend the timelines for the exchange of expert reports...
By Nabeel Peermohamed - Brownlee LLP
In Saadati v. Moorhead, 2017 SCC 28, the Supreme Court of Canada recently lowered the standard of proof for a mental injury.
By David Pick, Managing Partner - Brownlee LLP, Kristina Roberts, Summer Student at Brownlee LLP
The Honourable Madame Justice Hollins recently issued her decision in Torrance v. Calgary Catholic School District No 1, 2017 ABQB 488. Brownlee's David Pick appeared on behalf of the Calgary...
By Nabeel Peermohamed - Brownlee LLP
The Alberta Rules of Court permit videotaping of an Independent Medical Examination. However, the question becomes: Who may watch that video? Rule 5.43(3) states the video must be provided to the other party.
By Nabeel Peermohamed - Brownlee LLP
In Humphreys v. Tebilcock, 2017 ABCA 116, the Court of Appeal allowed the applications dismissing the Plaintiffs' claims for long delay, reversing the chambers decision of the justice below.