Commercial Litigation and Dispute Resolution Blog

Earlier this year, we wrote about how questions about the applicable standard of review of arbitral awards had been re-opened by two decisions of the Supreme Court of Canada (“SCC”), Canada (Minister of Citizenship and Immigration) v. Vavilov^[1] (“Vavilov”) and Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District^[2] (“Wastech”).

On ...

In ES v Shillington^[1], a decision issued last month, the Alberta Court of Queen’s Bench recognized the tort of Public Disclosure of Private Facts, a new cause of action that protects private information from public disclosure.^[2] Formal recognition of this tort in Alberta marks an important development in the law, giving additional legal protection to individuals’ ...

In Kent v. Panorama Mountain Village Inc., 2021 BCCA 332, the BC Court of Appeal overturned a lower court decision and found that a restrictive covenant requiring owners of a strata unit to rent to the public only through a centralized rental management system was in fact enforceable.

The petitioners own a strata unit in a complex at the Panorama Resort. A restrictive covenant ...

The British Columbia Court of Appeal has overturned previous decisions on the recoverability of legal costs associated with remediation under the Environmental Management Act (“EMA”). The decision is likely to have important ramifications on contaminated sites actions and on the role of lawyers in remediation in the future.

The EMA governs remediation (clean up ...

Once again the courts have confirmed that commercial tenants must pay their rent, despite arguments about the effect of COVID-19.

In a recent decision, Cherry Lane Shopping Centre Holdings Ltd v. Hudson’s Bay Company ULC, 2021 BCSC 1178, the Supreme Court of British Columbia found that the provisions of the lease requiring Hudson’s Bay to pay rent were “clear ...

On June 15, 2021, a new amendment to Rule 016 governing review of Alberta Utilities Commission (‘AUC’ or the ‘Commission’) decisions will take effect. The rationale for the change is described in AUC Bulletin 2021-11 (dated May 6, 2021). Rule 016 sets out the criteria and process through which the Commission’s decisions may be reviewed or varied on application by ...

In May 2021, the total value of cryptocurrency globally surpassed USD $2.5 trillion, and continues its emergence as a new asset class.^[1]

Governments in Canada and around the world are updating regulatory requirements in response to the new innovations in financial technologies.

Historically, there has been regulatory uncertainty surrounding cryptocurrencies in ...

As courts across Canada continue to see a rising trend in self-represented litigants, it becomes increasingly important for them to understand court rules and procedures to ensure access to justice.

In the recent case of Blomer v Workers Compensation Board, the Alberta Court of Appeal considered whether the motions judge could correct the procedural missteps of the ...

What options does one have when they discover that a term in a previously executed contract or written instrument was worded poorly, or incorrectly drafted? Generally, parties in this scenario may seek the remedy of rectification, which gives a court the equitable jurisdiction to rectify or correct the document so that it accords with the parties’ true agreement ...

In its highly anticipated judgment, the majority of the Supreme Court of Canada found the Greenhouse Gas Pollution Pricing Act constitutional in a split 6-3 decision.

The key issue before the court was whether the Greenhouse Gas Pollution Pricing Act (“GGPPA”) was constitutional. The majority decided that it was, because Parliament has jurisdiction to enact this law ...