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
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
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
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
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
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).
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
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
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
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
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
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
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
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