Scott H.D. Bower

Scott H.D. Bower

Bennett Jones LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Regulatory Proceedings and Litigation Privilege: ‘Zone of Privacy’ Bolstered in Alberta

Litigation privilege applies to regulatory proceedings where the consequences of the proceedings are significant, and the privilege cannot be excluded by statute without express and clear language, the Alberta Court of Appeal...more

6/20/2014 - Appeals Canada Litigation Privilege

Confidentiality Clauses and Privilege: A Delicate Balance

Parties to a mediation have a wide latitude to contractually shape the extent of confidentiality that applies, and even may exclude exceptions to settlement privilege, the Supreme Court of Canada recently held in Union...more

5/13/2014 - Confidentiality Contract Drafting Contract Interpretation Mediation SCC Settlement Privilege

Myth of Trial No Longer Governs: Alberta Embraces New Summary Judgment Test

Effecting a cultural shift, a new summary judgment test has been embraced by the Alberta Court of Appeal in Windsor v Canadian Pacific Railway Ltd, 2014 ABCA 108 [Windsor]. This new test will make it easier to obtain summary...more

3/24/2014 - Canada Summary Judgment

Default Notices and Freehold Leases: Take Two

There may be a sign that last year’s dire consequences for a freehold oil and gas lessee who does not quickly respond to a default notice by commencing legal proceedings may be moderating somewhat, at least in certain...more

1/17/2014 - Canada Mineral Leases Natural Resources Notice of Default Oil & Gas

Host Liability, 9th Edition - Liability for Injuries Sustained by Employees, Clients or Others as a Result of Alcohol Intoxication

This booklet is intended as a basic guide to host liability, which is the potential for personal and corporate liability for injuries sustained by employees, clients and other persons as a result of alcohol intoxication. This...more

12/3/2013

SCC Confirms the Ability of Taxpayers to Seek Rectification to Remedy Errors that May Impact Tax Positions

Uninteded tax consequences of a contract can be avoided by rectification, the Supreme Court of Canada ruled in Québec v Services Environnementaux AES inc., 2013 SCC 65 (AES). ...more

12/2/2013 - Canada SCC Tax Deferral Tax Liability

Damages for Royalty Error Limited to Two Years: Ignorance of Mistake May Not Stop Limitations Clock

A royalty holder must make reasonable inquires to confirm that a royalty has been properly paid and will be limited to a two-year recovery if not, the Alberta Court of Appeal has ruled in Canadian Natural Resources Limited v...more

11/29/2013 - Canada Oil & Gas Royalties Statute of Limitations

Broken a Contract? The Alberta Court of Appeal May Have Good (or Bad) News For You

A recent decision of the Alberta Court of Appeal has opened the door for defendants in contract cases to implicate other would-be contract-breakers, thereby potentially reducing the defendants’ exposure to liability while...more

10/8/2013 - Breach of Contract Canada

Legal Privilege - September 2013

This guide to solicitor-client privilege and litigation privilege does not replace specific legal advice. Legal Privilege - Privilege provides special protection that exempts certain documents and other forms...more

9/10/2013 - Attorney-Client Privilege Canada Corporate Counsel Litigation Privilege

Contracting around the Hague Convention on Service of Process

When negotiating contracts with international parties, counsel should consider how their clients would, if necessary, serve judicial documents on counterparties based outside of Canada. The Hague Convention on the Service...more

9/9/2013 - Canada Contract Drafting Contract Formation Hague Convention Negotiations Service of Process

Change to Alberta Court Rules Eases Service Under Hague Convention

A new Alberta Court Rule seeks to avoid an unfortunate implication that courts have read into the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters. Effective July...more

8/12/2013 - Canada Hague Convention Human Rights Service of Process

Imminence of Harm is Not Required for Recovering Pure Economic Loss for Dangerous Defects

Lack of “imminent risk” does not bar recovery for economic loss arising from a dangerously defective structure, the Alberta Court of Appeal recently held. Typically, courts are reluctant to award lost profits or other...more

6/17/2013 - Canada Construction Defects Damages Economic Loss Doctrine Negligence

Service of Alberta Process Outside of Canada Now More Complicated

The Ontario Court of Appeal has confirmed the proper reading of the latest Alberta Court of Appeal decision on service ex juris under Alberta law, which greatly complicates serving legal documents outside of Canada. In our...more

4/9/2013 - Canada Foreign Jurisdictions Hague Convention Service of Process

Tax Advice Given by Accountants Not Protected by Privilege

Legal advice privilege applies only to lawyers and does not extend to tax advice provided by accountants, the United Kingdom Supreme Court (formerly the House of Lords) confirmed in its first judgment of 2013: R (on the...more

1/28/2013 - Accountants EU Legal Advice Privilege Tax Advice

14 Results
|
View per page
Page: of 1