The risks of failing to document memories and diligently progress an action
Introduction and overview Rule 4.31(1)(a) of the Alberta Rules of Court, Alta Reg 124/2010 (the “Rules”) provides that if “delay” has occurred in an action, the Court may dismiss all or any part of a claim if the Court determines...
Appointing an inspector to assist with Court directed investigations in Alberta will be done sparingly
Introduction The Alberta Court of King’s Bench recently considered an application to appoint an inspector under Section 232 of the Alberta’s Business Corporations Act, RSA 2000 c B-9 (the “ABCA”). The Court in Khimji v Khimji, 2022 ABKB 829 (“Khimji”)...
Not so “Small Claims Court”: A provincial court claim limit increase for Alberta
Update: June 15, 2023 – Alberta Court of Justice claim limit to double as of August 1, 2023 The limit for monetary claims in the Alberta Court of Justice (formerly the Provincial Court) (the “Court”) is soon to be set...
The Supreme Court weighs in on the effect of receivership on a party’s Arbitration Agreements
Introduction and overview The Supreme Court of Canada’s decision in Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41 [Peace River v Petrowest] clarifies whether, and in what circumstances, a contractual agreement to arbitrate should give way to the...
“Ha! Ha! Should have been more careful!” is not a defence to fraud
For over 150 years, the law has been clear that there is no “want of due diligence” or “contributory negligence” defence available to a person sued for fraud.[1] Despite this long history, defendants still attempt to rely upon the defence,...
Failure to prevent a data breach not equal to invasion of privacy: Ontario Court of Appeal shuts the door on “intrusion upon seclusion” tort
The Ontario Court of Appeal has released a new trilogy of cases regarding the privacy tort “intrusion upon seclusion.” Specifically, whether the privacy tort is available as against commercial entities collecting and storing clients’ personal information, where there was a...
Supreme Court decision clarifies the test for a constructive taking, expanding scope of compensation for property owners
Introduction On Friday, October 21, the Supreme Court of Canada released its decision in Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36. The main issue in the case was the proper approach to assessing government liability for a...
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...
When will the incorporation of a new company be oppressive?
Introduction A recent decision of the Alberta Court of King’s Bench, Wisser v CEM International Management Consultants Ltd,[1] involved the Court imposing personal liability against the directors of a corporation for damages for wrongful dismissal pursuant to the oppression remedy...
Delay is ok? The Supreme Court of Canada’s ruling on delay and abuse of process in administrative proceedings
Administrative proceedings can be complex, difficult to manage and often last multiple years. Recently, in the case of Law Society of Saskatchewan v Abrametz[1], the Supreme Court of Canada (the “SCC”) rejected an expansion of the use of a stay...
