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What Constitutes Surrounding Circumstances in Contractual Interpretation? The Alberta Court of Appeal

Pre-contract negotiations, such as prior drafts of agreements, are generally inadmissible as part of "surrounding circumstances" when interpreting a contract, and parties' subjective intentions are always inadmissible, the...more

Legal Privilege, Email and the Continuum of Communication

Solicitor-client privilege extends not only to legal advice provided directly to a client, but to the whole "continuum of communications" in which the advice is given, the Alberta Court of Queen's Bench recently confirmed in...more

Trial Court’s Interpretation of a Contract Much Harder to Overturn, the Supreme Court of Canada Confirms

To overturn a trial court’s interpretation of a contract on appeal, it is not enough that the trial court was wrong, it must be really wrong, the Supreme Court of Canada recently affirmed in Heritage Capital Corp v Equitable...more

One Arbitration Binds the Next: Alberta Court of Appeal Says Res Judicata Applies to Arbitrations

The doctrines of res judicata and issue estoppel can, as a matter of law, apply to subsequent arbitration proceedings, the Alberta Court of Appeal recently held in Enmax Energy Corporation v TransAlta Generation Partnership,...more

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