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Litigation is expensive, time consuming, stressful, and a distraction from your business. It should be avoided, if at all possible. If it is not possible to avoid litigation – you have been sued or absolutely need to sue – you should try to resolve the litigation as quickly as possible. The longer litigation goes on – and it can go on for a very long time – the more ...

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If a plaintiff located in Canada serves documents outside Canada but fails to first obtain an order for service ex juris, can the Court retroactively validate service?  

  

The circumstances are important. Consider a situation where:

  1. both parties have an agreement that the dispute to which the documents in question relate is to be heard in Canada (in Alberta) and governed by ...
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A recent Supreme Court of Canada case highlights the importance of procedural and substantive decisions where restitutionary damages are to be calculated on an aggregate basis. These issues are particularly acute in cases that seek to recover damages from a large scale fraud.

In Christine DeJong Medicine Professional Corp v. DBDC Spadina Ltd., 2019 SCC 30 ...

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Section 43 of the Alberta Arbitration Act is a statutory exception to functus officio

Historically, the doctrine of functus officio applied to hold that a decision maker could not reopen a hearing or amend an award that was final. This doctrine has, however, been relaxed over time in the judicial, administrative, and arbitration contexts. There are now a number of common law ...

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Posted in Defamation, Media

Negative reviews posted on websites such as Better Business Bureau, Yelp, Glassdoor, and Facebook can be devastating to companies, and perhaps even fatal to small businesses and sole practitioners who rely on goodwill and word of mouth recommendations. Although the ill effects of a single negative review may be mitigated in cases where it is outweighed by positive ...

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Publication (communication of defamatory material to someone other than the plaintiff) is an essential element in a defamation claim. In the recent decision in Malak v Hanna, 2019 BCCA 106 (“Malak”) the British Columbia Court of Appeal confirmed that merely sending a hyperlink to defamatory material does not constitute publication.  

In Malak, the plaintiff and his ...

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On April 25, 2019, the Federal Court of Appeal issued its decision in a longstanding patent dispute in the oil patch regarding hydraulic fracturing technology: Packers Plus Energy Services Inc. and Rapid Completions LLC v. Essential Energy Services Ltd. et al, 2019 FCA 96. In support of its patent, Packers had issued a series of infringement suits against several players in ...

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Earlier this month, the B.C. Court of Appeal rendered its decision in West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110 – a case which considered whether insurers can rely on certain exclusion clauses to deny or preclude coverage for environmental contamination and pollution claims.

The two insured entities, West Van Holdings Ltd. and West Van ...

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Second marriages are common. They frequently occur when one or both individuals already have adult children. Sometimes these melded families work and everyone gets along, or at least are pleasant enough to each other. Occasionally it does not go that well.  In either case, but particularly the latter, difficult legal questions can arise that should to be addressed rather ...

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On February 6, 2019, the Alberta Court of Appeal delivered its much anticipated decision in Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49 (Weir-Jones). The decision provides clarification and guidance on two topics in which competing lines of authority had recently emerged in Alberta: (1) the correct standard of proof for summary ...

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This blog is authored by members of the Litigation and Dispute Resolution Department. We follow new and interesting issues emerging in the legal and business communities. The wide range of experience among the members of our litigation group will provide a diverse and insightful examination of current legal trends and topics. Our goal is to provide a source of valuable information and insight on a wide variety of matters for our readers.

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