The Alberta Court of Appeal affirms high threshold for setting aside arbitral awards on the basis of procedural unfairness
In a decision issued on June 9, 2022, the Alberta Court of Appeal (“ABCA”) affirmed an Alberta Court of Queen’s Bench (“ABQB”) decision that refused to set aside an arbitral award on the basis of manifest unfairness under Section 45...
What triggers the running of a limitation period in Alberta? The applicability of Grant Thornton LLP v. New Brunswick
Last year, in Grant Thornton LLP v. New Brunswick, 2021 SCC 31, the Supreme Court of Canada clarified the law on discoverability of a civil claim under New Brunswick’s limitation legislation. This ruling has significant impacts on defining the start...
It’s only money: Pure economic loss and the decision of Rieger v. Plains Midstream Canada ULC, 2022 ABCA 28
On January 31, 2022, the Alberta Court of Appeal (ABCA) issued its decision in Rieger v. Plains Midstream Canada ULC.[1] The ABCA adopted the analysis as set out in the Supreme Court of Canada (SCC) decision, 1688782 Ontario Inc. v....
Key changes impacting the Courts of Alberta
The Queen’s Bench becomes the King’s Bench, the term “Master” is phased out, and other changes of note The Alberta Court of Queen’s Bench issued several notices in August and September 2022, announcing important changes to civil practice in the...
Spoliation: Destruction of evidence has litigation consequences
Aside perhaps from perjury, no act serves to threaten the integrity of the judicial process more than the spoliation of evidence. Our adversarial process is designed to tolerate human failings — erring judges can be reversed, uncooperative counsel can be...
Eric Sherkin comments on the modernization of legal proceedings and its future impact on virtual hearings
Daily Commercial News "Legal Notes: The jury’s out on the future impact of virtual hearings"
In this article, Eric Sherkin discusses the effects of modernization on legal proceedings and its future impacts on virtual hearings. “There was a lot of modernization of our system that was long overdue that was finally implemented out of necessity,”...
Eric Sherkin comments on the interplay of virtual versus in-person trials on court operations
Law Times "Lawyers increasingly concerned about interplay between virtual and in-person court operations"
Eric Sherkin speaks about the interplay of virtual versus in-person trials in court operations. In the article, Eric discusses the possible questions that lawyers may have as the system sees technical changes and how these changes have standardized the use...
Court of Appeal recommends change to Rules of Civil Procedure: The right to file a reply factum on appeal
In an Ontario Court of Appeal decision released last week,[1] Brown J.A. granted the Appellant’s motion for leave to file a reply factum of five pages, and recommended that the Rules of Civil Procedure be amended to permit appellants to...
Levelling the playing field: The rise of litigation funding in Canada
The prohibitively high cost of litigation is arguably one of the main barriers to access to justice in Canada. As in many other legal markets, the soaring cost of legal fees has created an impediment to even well resourced parties...
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Série de portraits d’avocates dans Droit Inc.
Droit Inc.
À l’occasion de la Journée internationale de la femme, Droit-Inc propose une série de portraits d’avocates passionnées et inspirantes qui ont su conjuguer leur pratique avec leur vie de femme et leurs convictions personnelles. Claudia Desjardins Bélisle | Associée |...
