Les actions collectives en environnement sont devenues courantes pour réclamer un dédommagement devant les tribunaux en réparation d’un préjudice de nature environnementale. Cette tendance, d’ailleurs, s’accélère, notamment...more
Environmental class actions have become common for addressing environmental damages and seeking compensation through the courts. This trend is growing, particularly with respect to climate change and chemicals in products,...more
Dans l’affaire HEAL Global Holdings Corp (Re), la juge E.J. Sidnell a refusé d’approuver le plan d’arrangement proposé par les parties (l’« arrangement ») parce que ce dernier n’était pas équitable ou raisonnable. Cette...more
In HEAL Global Holdings Corp (Re), Justice E.J. Sidnell declined to approve a proposed arrangement (Arrangement) because it was not fair or reasonable. This recent Alberta Court of King’s Bench (Court) decision provides...more
Les organismes de réglementation et les organisations environnementales sont de plus en plus enclins à demander des comptes aux sociétés qui se livrent à la pratique répandue de l’écoblanchiment, c’est-à-dire le recours à des...more
Regulators and environmental organizations are increasingly focused on holding companies legally responsible for the widespread practice of greenwashing — the use of misleading or unsubstantiated claims about the...more
The following is an update to our November 2020 and April 2021 bulletins about the introduction of the Alberta Prompt Payment and Construction Lien Act (Prompt Payment Act). Both bulletins highlighted that regulations to...more
In Re Osum Oil Sands Corp., the Alberta Securities Commission (the Commission) dismissed the application of Osum Oil Sands Corp. (Osum) to cease trade a hostile take-over bid commenced by Waterous Energy Fund (Waterous), an...more
The following is an update to our November 2020 bulletin which outlined the changes proposed in the then-current version of the Builders' Lien (Prompt Payment) Amendment Act, 2020 (Bill 37).
AMENDMENT A1 -
On November...more
The Government of Alberta recently introduced the Builders’ Lien (Prompt Payment) Amendment Act, 2020 (Bill) in the Alberta Legislature. The Bill proposes, among other things, the introduction of prompt payment legislation...more
Alberta’s Minister of Justice and Solicitor General recently issued Ministerial Order 27/2020 (Order), which suspends the operation of limitations periods and procedural rules in Alberta. The Order was issued pursuant to the...more
As the COVID-19 pandemic continues to spread and intensify and businesses seek to mitigate financial prejudice, they will consider whether their insurance policies provide coverage that could lessen the blow. This bulletin...more
In its recent decision in Carlock v. ExxonMobile Canada Holdings ULC, 2020 YKCA 4, the Yukon Court of Appeal (Court of Appeal) overturned an order that set the fair value of shares held by dissident shareholders at a 43 per...more
As part of our quarterly series on current trends across different industries, our second article for 2019 explores litigation developments in Canada, outlining the impact on business and the potential ramifications of recent...more
7/24/2019
/ Arbitration ,
Canada ,
Complex Litigation ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contractors ,
Corporate Crimes ,
Financial Products ,
Institutional Investors ,
Investors ,
Mandatory Arbitration ,
Remediation ,
Retail Investors ,
Subcontractors
In its recent decision in Morrison v. Galvanic Applied Sciences Inc., the Alberta Court of Appeal (Court) reaffirmed that the Alberta Rules of Court (Rules) apply in full force to self-represented litigants. The Court upheld...more
The Court of Queen’s Bench of Alberta (Court) in Altex International Heat Exchanger Ltd. v Foster Wheeler Limited (Foster Wheeler Limited) recently reaffirmed that it will carefully scrutinize lingering actions. In Foster...more
In its recent decision in Temple Insurance Company v. Sazwan, the Court of Queen’s Bench of Alberta (Court) considered the scope of, and exceptions to, an insurer’s right and duty to defend. This is the first decision in...more
On June 24, 2017, the federal government proposed new regulations under the Transportation of Dangerous Goods Act, entitled the Transportation of Dangerous Goods by Rail Security Regulations (Rail Security Regulations). The...more
In Smoothwater Capital Corporation v. Marquee Energy Ltd. (Smoothwater), the Alberta Court of Appeal (Court) overturned the Alberta Court of Queen’s Bench controversial decision granting shareholders of an acquiring company a...more
In a recent Court of Queen’s Bench of Alberta case, Alberta Oilsands Inc. (Re) (Alberta Oilsands), Justice A. D. Macleod made a surprising decision in the context of a plan of arrangement under the Business Corporations Act...more
The Alberta Court of Queen’s Bench recently ended a complex, multi-million dollar litigation between Attila Dogan Construction and Installation Co. Inc. (AD) and AMEC Foster Wheeler Americas Limited (AMEC) regarding a...more
The Supreme Court of Canada (SCC) released two decisions last week regarding the power of the Canada Revenue Agency (CRA) to demand production of information and documents, including accounting records, from lawyers and...more
In Shefsky v. California Gold Mining Inc., the Alberta Court of Appeal (Court) upheld the chambers judge’s decision and dismissed the appeal of Martin Shefsky in a fight for control of the board of directors of California...more
A drafting mistake in an agreement can result in significant and unintended tax consequences. In the recent case of Baytex Energy Ltd. v. Canada (Attorney General) (Baytex), the Court of Queen’s Bench of Alberta (Court)...more
11/3/2015
/ Canada ,
Corporate Taxes ,
Evidence ,
Income Tax Act ,
Income Taxes ,
Intent of the Parties ,
Mistake ,
NPI Agreement ,
Offsets ,
Oil & Gas ,
Rectification ,
Rescission ,
Trusts ,
Written Agreements
In a recent decision, Ledcor Construction Limited v. Northbridge Indemnity Insurance Company (Ledcor), the Alberta Court of Appeal (Court) gave guidance on the scope of defects exclusions in “all-risks” construction insurance...more