Searching Content indexed under Litigation, Mediation & Arbitration by Dentons ordered by Published Date Descending.
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"No Good Deed Goes Unpunished" - Case Comment – Re Koziey Estate, 2019 ABCA 43
In the recent decision Re Koziey Estate (2019 ABCA 43) the Alberta Court of Appeal confirmed that adverse possession is still alive and well in Alberta
29 Jul 2019
Court Finds Language Of Privacy Act Precludes Arbitration Of Privacy Disputes
There have been a number of recent decisions in the arbitration space regarding when it is appropriate to stay litigation in favour of arbitration and where it is not.
29 Jul 2019
Commencing A Claim In The Wrong Forum Does Not Suspend The Running Of A Limitation Period
In Benuik v Leamington, 2019 ONSC 1830, the court addressed the issue of whether the law permits the postponing or suspending of a limitation period simply because a plaintiff brought its claim in the wrong forum.
29 Jul 2019
Determining Insurer Liability: A Borrowed Car
In the recent decision, Tokio Marine & Nichido Insurance Company v. Security National Insurance Company, 2019 ABQB 622, the Alberta Court of Queen's Bench (the "Court")
25 Jul 2019
Mining Regulator May Owe Duty To Mine Owners
Last summer, the Supreme Court of British Columbia held that a mining regulator may, in limited circumstances, owe a duty to pay a mine owner for its losses
22 Jul 2019
The Injured & The Restless: Principles Of Contractual Interpretation Leave Insured With An Uphill Battle For Mattress Coverage
The general principles of contractual interpretation require a decision-maker to read the contract before them as a whole, giving the words used their ordinary and grammatical meaning
16 Jul 2019
Extinctive Prescription And Gradual Damage: What Is The Starting Point?
In the Lacour v. Construction D.M. Turcotte TRO inc. decision delivered in June 2019, the Court of Appeal of Québec distanced itself from the established traditional principles relating to prescription (limitation of actions)...
10 Jul 2019
Leave To Commence Derivative Action Allowed Where Continuous Breaches Occurred Under An Agreement
In Sax v Rick Aurora, 2019 ONSC 3573, the Divisional Court considered the application of the Limitations Act, 2002 in the context of a derivative claim brought under section 246 of the Business
9 Jul 2019
Family Law Act Claims Commenced Under S. 61 Are A Separate Cause Of Action In The Context Of Personal Injury Litigation
When it comes to claims brought by family members pursuant to s. 61 of the FLA, the latest word from an Ontario court indicates that the two year limitation period applies to those claims as separate causes of action.
5 Jul 2019
Scope Of Canada Revenue Agency Audit Powers Limited By Recent FCA Decision. The CRA Response Raises New & Different Risks For Taxpayers
The Federal Court of Appeal recently drew clear boundaries around the CRA's audit powers, holding that the Agency cannot not compel employees of a taxpayer to attend interviews to answer oral questions...
4 Jul 2019
Defendants Awarded Costs Where Bringing Breach Class Action Was "Questionable"
In the costs motion arising from the litigation regarding the Casino Rama breach, Justice Belobaba awarded costs to the defendant, saying there was neither public interest nor a novel issue sufficient to warrant costs...
4 Jul 2019
Alberta Court Of Appeal Confirms That Directors May Be Held Personally Liable For Injuries Sustained In A Workplace Incident
The Alberta Court of Appeal recently revisited the question of directors' personal liability for injuries sustained in a workplace incident.
7 May 2019
Court Dismisses Statutory Misrepresentation Claim Against Credit Union Board In Landmark Decision
For the first time, the Ontario Superior Court of Justice released a decision that considered issues of statutory misrepresentation in an offering statement under the Credit Unions and Caisses Populaires Act, 19941.
11 Apr 2019
Fairness And Transparency In Large Project Public Procurement
At the core of any procurement are two fundamental elements: the description of what bidders are required to submit as a bid,
25 Mar 2019
R. v. Barra: A Timely But Qualified Success For Canada's Corruption Of Foreign Public Officials Regime
Amidst the media and political storm engulfing the Prime Minister's Office over its handling of the ongoing SNC-Lavalin proceedings, the conviction of two businessmen on charges of bribing foreign public officials in India appears to have crept under the radar.
19 Mar 2019
Privacy In The Spotlight: Ontario Superior Court Of Justice Confirms New Tort For Public Disclosure Of Private Facts
The Ontario Superior Court of Justice recently released a significant decision that both expands occupiers' liability for violence on their premises, and affirms a new privacy tort that censures
26 Feb 2019
Redwater – Impacts
Accordingly, the SCC's decision fundamentally changes the application of the law by receivers and trustees.
7 Feb 2019
Smart Contract Series – Legal Implications For Consideration, Part 1: Definition And Enforceability
This article kicks off a series that will explore legal issues relating to smart contracts. No doubt, smart contracts have become a hot topic, as more use cases for them emerge in various industries
31 Jan 2019
When Cyber Fraud Strikes: Delineating Coverage If Employees Are Duped
The growth and sophistication of modern fraud and cyber security attacks has necessitated adaptable countermeasures by for-profit and non-profit organizations alike.
8 Jan 2019
Reasonable Notice Damages For Wrongful Dismissal Cannot Be Determined Via Summary Judgment
The decision from of the Court of Queen's Bench of Alberta in Coffey v. Nine Energy Canada Inc., 2018 ABQB 898 [Coffey], provides clarity amidst the conflicting jurisprudential landscape.
3 Jan 2019
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