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Searching Content indexed under Litigation, Mediation & Arbitration by Bennett Jones LLP ordered by Published Date Descending.
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1
Supreme Court May Consider Enforceability Of Liquidated Damages
On July 11, 2019, the Supreme Court of Canada (the SCC) granted leave to appeal from the Alberta Court of Appeal's decision in Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32
Canada
15 Oct 2019
2
Trans Mountain: Did The Crown Adequately Discharge Its Duty To Consult?
On September 4, 2019, the Federal Court of Appeal released its reasoned decision to partly grant leave to start applications for judicial review of the Governor in Council's approval of the Trans Mountain Pipeline expansion project.
Canada
27 Sep 2019
3
Alberta Court Of Appeal Clarifies Super-Priority Of CCAA Charges
In most restructuring proceedings, money is needed to fund the professionals and the management team retained to preserve value in the insolvent company.
Canada
24 Sep 2019
4
Limitation Period For Damages Claims under Personal Information Protection Act (Alberta)
The Alberta Court of Appeal in Moore's Industrial Service Ltd. v Kugler, 2019 ABCA 178 has confirmed that the limitation period under the Limitations Act (Alberta)
Canada
29 Aug 2019
5
Bennett Jones On Tax Disputes - August 2019
The latest edition of Bennett Jones on Tax Disputes, published on Taxnet Pro by Thomson Reuters,...
Canada
19 Aug 2019
6
Supreme Court Of Canada To Revisit Bhasin And Contractual Parties' Duty Of Good Faith
The Supreme Court of Canada (SCC) recently granted leave to appeal from the British Columbia Court of Appeal's decision in Greater Vancouver Sewerage and Drainage District v Wastech Services Ltd
Canada
14 Aug 2019
7
Quebec's Superior Court Leaves The Door Open To Canadian Climate Change Litigation
On July 11, 2019, Quebec's Superior Court rejected a class action lawsuit seeking federal action relating to climate change.
Canada
6 Aug 2019
8
Legal Privilege, Email And The Continuum Of Communication
Solicitor-client privilege extends not only to legal advice provided directly to a client, but to the whole "continuum of communications" in which the advice is given.
Canada
2 Aug 2019
9
What The Law Commission Of Ontario's New Report On Class Actions Could Mean For Litigants
On July 17, 2019, the Law Commission of Ontario released the final report of its class action investigative project, Class Actions: Objectives, Experiences and Reforms.
Canada
31 Jul 2019
10
Supreme Court To Consider Enforceability Of Consequences Imposed Upon Insolvency
The Supreme Court of Canada recently granted leave to appeal from the Alberta Court of Appeal's decision in Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32.
Canada
29 Jul 2019
11
Confidential Arbitrations Are Not Always Confidential
In its recent decision, Flock Estate v Flock, 2019 ABCA 194, the Alberta Court of Appeal considered the extent to which evidence and submissions proffered in an arbitration might be admissible in a related court proceeding.
Canada
8 Jul 2019
12
"New Stuff" In Climate Change Class Actions
"You're asking us to do a lot of new stuff, aren't you?" Judge Andrew D. Hurwitz of the U.S. Court of Appeals for the Ninth Circuit in Juliana v. United States, June 4, 2019.
Canada
1 Jul 2019
13
Operators May Reduce Annual Compensation Under Surface Lease Agreements
On March 19, 2019, the Alberta Court of Queen's Bench (ABQB) ruled in Karve Energy Inc. v Drylander Ranch Ltd., 2019 ABQB 298 that the Surface Rights Board (Board)
Canada
18 Jun 2019
14
Incorporation Of Arbitration Clauses By Reference: A Cautionary Tale
The British Columbia Supreme Court in MRC Total Build Ltd. v F&M Installations Ltd., 2019 BCSC 765 [MRC Total Build] recently considered an application
Canada
12 Jun 2019
15
Should There Be Mandatory Sentences?
Lincoln Caylor authors the "Says No" portion of the article "Should there be mandatory sentencing?" published in Alberta Reviews, June 2019.
Canada
3 Jun 2019
16
Aboriginal Rights In Canada Can Include Indigenous Persons In The United States
On May 2, 2019, the British Columbia Court of Appeal released its decision in R v Desautel, 2019 BCCA 151. The Court of Appeal upheld the lower courts decisions to acquit Richard Desautel of charges ...
Canada
31 May 2019
17
Supreme Court Denies Leave To Appeal Dismissal Of Auditor Negligence Claim
On May 2, 2019, the Supreme Court of Canada denied leave to appeal from the Ontario Court of Appeal's decision in Lavender v Miller Bernstein LLP, 2018 ONCA 729.
Canada
22 May 2019
18
Obituary Piracy Assessed
Thomson v. Afterlife Network Inc., 2019 FC 545, is a Federal Court decision in which the Court considers the existence of copyright in obituaries used in an e-commerce context.
Canada
21 May 2019
19
Defending An Abuse Of Dominance Case
The Competition Bureau's updated Abuse of Dominance Enforcement Guidelines expressly provide, for the first time, that a party's compliance with a statutory or regulatory requirement
Canada
16 May 2019
20
Proposed Changes To The CBCA: Directors Duties And Disclosure Obligations
On April 8, 2019, the Federal Government introduced Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures, which includes proposed changes to the CBCA.
Canada
30 Apr 2019
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