News & Publications Results
Related items for Practice area: Litigation & Dispute Resolution.
|Supreme Court of Canada Clarifies (some of) the Limits of the Duty to Consult
Rio Tinto Alcan Inc. and British Columbia Hydro and Power Authority v. Carrier Sekani Tribal Council, 2010 SCC 43
On October 28, 2010, the nine justices of Supreme Court of Canada issued a unanimous judgment in this appeal that confirmed the decision of the British Columbia Utilities Commission (the “Commission”) to accept the 2007 Electricity Purchase Agreement between BC Hydro and Rio Tinto Alcan Inc. for filing.
The decision is important for what it says about (i) when the Crown duty to consult with Aboriginal groups is triggered—and when it is not; and (ii) the role of administrative tribunals.
|Contract Law Update: Developments of Note
Principles of contract law are quite settled in Canada and changes to those principles tend to be incremental rather than sudden and revolutionary. Accordingly, for the most part, this paper will give you snapshots of contract law principles as they currently stand, using recent cases as examples.
|Lawson Lundell wins Lexpert Zenith Award for Pro Bono Contributions
Lawson Lundell won Gold at the Lexpert 2010 Zenith Awards in the Civil Liberties category for our work with the BC Civil Liberties Association.
The Zenith Awards honour Canadian law firms, in-house departments and law students who are committing their time, skills and mentorship to a diverse and valuable range of pro bono activities.
|Lawson Lundell Launches the Western Canada Business Litigation Blog
Lawson Lundell is pleased to announce the launch of the Western Canada Business Litigation Blog. This blog will follow new and interesting issues emerging in the legal and business communities.
|Brad Armstrong, Q.C. successful in Supreme Court of Canada Decision
Lawson Lundell partner Brad Armstrong, Q.C. successfully represented Red Chris Development Co. Ltd. in a decision of the Supreme Court of Canada upholding the environmental assessment of the Red Chris mine under the Canadian Environmental Assessment Act.
|New Civil Rules, Family Rules and Court Fees
The Province has adopted new civil and family court rules that are to be fully implemented by July 1, 2010. The aim of the new rules is to make it easier for the average citizen to access the courts to resolve legal disputes. The new rules are intended to speed up the process, lower the costs associated with litigation and simplify the litigation process.
|Greater Vancouver Transportation Authority v. Canadian Federation of Students
On July 10, 2009, the Supreme Court of Canada delivered reasons in Greater Vancouver Transportation Authority v. Canadian Federation of Students, 2009 SCC 31 [GVTA]. This case is important because it further delineates the right to freedom of expression protected in section 2(b) of the Canadian Charter of Rights and Freedoms. Secondly, the Court elaborates on the principles that will be applied in determining whether certain entities will be considered “government” for the purposes of the Charter.
|Cross-Examination in Tribunal Hearings
This article considers some cross-examination issues that arise in tribunal hearings. Issues arise because cross-examination in tribunal hearings is used by more participants, and for more purposes, than in a traditional courtroom setting - but the rules and practices that govern the use of cross-examination were not developed in anticipation of those additional users or uses.
|Have Pension Class Actions Altered Traditional Trust Cost Rules? A Recent Trend
Three recent decisions from Ontario, Nova Scotia, and British Columbia may change the way in which pension litigation is funded in Canada and indicate that the courts may be taking a different approach to funding issues than in the past. Traditionally, in such cases, it was not uncommon for a plaintiff to be indemnified out of the pension fund thereby shielding unsuccessful plaintiffs from adverse costs awards.
|Contract Law Update: Developments of Note
A survey of some of the jurisprudential contexts in which legal drafting has been scrutinized by the courts. This paper also addresses some areas of contract law of continuing interest to solicitors drafting commercial agreements because the law impacts on drafting choices they will make.
|The Law of Defamation: A Primer
A brief overview of the basic principles of the law of defamation. Defamation is a "tort" or civil wrong for which a court, in a proper case, will provide the wronged party with a remedy in an action for damages.
|Just a click away?: Internet hyperlinks and defamation liability
Article which appeared in The Defamation Column of Canadian Corporate Counsel, Vol. 18, No. 3 (Nov/Dec. 2008), detailing a British Columbia Supreme Court judge's dismissal of a defamation claim brought by Wayne Crookes.
|Safe to Slander City Hall? Ontario Court Bars Defamation Suits by Government Bodies
Two recent Ontario decisions have broken with the precedent in which a municipal corporation had the same powers as any other corporate body, including the right to protect its reputation by suing in defamation in its own right. These two decisions have left in doubt whether municipal goverments (outside Ontario) can sue for defamation.
|Cusson v. Quan: The "Responsible Journalism" Defence Comes to Canada
In its 2007 decision in Cusson v. Quan, the Ontario Court of Appeal took note of public interest considerations in recognizing the "public interest responsible journalism" defence first articulated nearly ten years ago by the House of Lords.
|Supreme Court of Canada Appeal
Supreme Court of Canada hears forum non convenient appeal.
On November 17, 2008, the Supreme Court of Canada heard the appeal in Teck Cominco Metals Ltd. v. Lombard General Insurance Company of Canada, a decision of the British Columbia Court of Appeal.
|Pollution Exclusion Clauses: An Analysis of the Canadian Jurisprudence
This paper addresses a number of issues with respect to the pollution exclusion clauses commonly contained in Commercial General Liability insurance policies. In particular, this paper considers how Canadian courts have interpreted and applied the standard wording of pollution exclusion clauses, and how they have decided coverage disputes involving pollution exclusion clauses.
|Pension and Employee Benefit Class Actions - The Defence Perspective
Pension and benefit plan administrators are becoming increasingly familiar with litigation and in particular, class proceedings. We have seen a tremendous increase in both the number of pension and the breadth of issues raised in those actions. What are some winning strategies for defendants in pension class actions?
|The Implied Undertaking Rule
The implied undertaking rule has been established as a part of the common law across Canada and in some provinces has been codified as a part of the rules of court. Despite the prevalence and prominence of the implied undertaking rule, interesting questions remain as to its rationale, scope, and implementation in practice. This paper will attempt to explore some of those issues.
|Understanding Arbitration Clauses in Class Actions: Have the Sands Shifted Once Again?
This paper will first review the history of the conflict between class proceedings and arbitration in Canada, and then address whether Union des consommateurs v. Dell Computer Corp. has provided guidance that arbitration agreements should, in general, be respected and that class proceeding legislation should not be regarded as providing a substantive ground to negate an arbitrator’s jurisdiction.
|Pension Dispute Arbitration Prevails Over Class Proceedings
In finding that arbitration prevailed over class proceedings, the British Columbia Court of Appeal has effectively ruled that a wide range of pension disputes in British Columbia can be put in the hands of a private arbitrator, rather than be subject to class proceedings, if one of the parties to the disputes wishes to do so.