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Alberta Gains New Tort of Harassment and Limits Defamation By Government Actors—Online and IRL

Court Unveils Four-Part Harassment Lawsuit Test A bold Alberta Court of King's Bench decision, Alberta Health Services v Johnston, 2023 ABKB 209, declined to follow Ontario appellate authority on the issue and established the...more

National R&D: A Cautionary Tale about Expert Evidence

In its latest SR&ED decision, National R&D Inc v Canada, 2022 FCA 72, the Federal Court of Appeal reminded litigants of the first principles of expert evidence, the rules and requirements that govern it and of the dangers of...more

Do Medical Professionals Have Freedom of Expression?

Since the advent of the COVID-19 pandemic, state responses to the virus have become the subject of vigorous public debate. While some impugn measures they say are too weak to protect the vulnerable, others lament incursions...more

SLAPPed Around—Defamation, Anti-SLAPP Legislation and the Defence of Qualified Privilege

On September 10, 2020, the Supreme Court of Canada rendered judgment in Bent v Platnick, 2020 SCC 23, the first case interpreting the provisions under s. 137.1 of the Courts of Justice Act (CJA)—Ontario's "anti-SLAPP"...more

Just Say No: Acceptance of a Secret Trust in Bergler v Odenthal

In the June 2020 case of Bergler v. Odenthal, 2020 BCCA 175 [Bergler], the British Columbia Court of Appeal found that deathbed wishes created a "secret trust", which required the surviving common law spouse to hold the...more

Supreme Court of Canada Reforms Judicial Review

Signaling an increased willingness to overturn decisions of administrative tribunals, the Supreme Court of Canada has reformed the law governing judicial review in Vavilov, a case about the children of Russian spies, and in...more

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