Posts in Civil Litigation.

We are now several years into the “culture shift” encouraging summary dispositions rather than trials, following the Supreme Court of Canada’s decision in Hryniak v Mauldin.[1] Commentary from the Alberta Court of Appeal suggests that this shift has indeed resulted in an increase in the number of cases that have been decided under the summary judgment rules in ...

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This post discusses the Alberta Court of Appeal's recent decision in Hannam v. Medicine Hat School District No. 76,[1] which stands as an emphatic reminder that the Supreme Court of Canada has directed courts to grant summary judgment when a fair and just determination can be made without a trial.

Although Hannam does not change the law of summary judgment, it conveys the ...

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As courts cautiously resume in-person hearings across the country, there is looming uncertainty about when—or if—civil jury trials will ever resume. For instance, B.C. and some regions in Ontario have announced that civil jury trials are suspended until at least 2021—and Ontario is considering whether to abolish them altogether. By contrast, Alberta is allowing ...

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As “baby boomers” age, their families are left to confront a myriad of medical, social, practical and legal issues that can arise in providing ongoing care and support. Poor health, limited finances and, frequently, varying degrees of mental incompetence can make this task emotionally and legally difficult. Add in strained intra-family relationships and the ...

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More often than not, sequels can’t live up to the original.  Case in point: Jaws 2.  But this blog post sequel aims to be better, like The Dark Knight.

In Part I of this blog post, we looked at the basic facts of Weaver v. Ball. The case involved two well-known scholars, Dr. Andrew Weaver and Dr. Timothy Ball, who have diametrically opposing viewpoints regarding climate change. In ...

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When is a question not “legal” enough for a court to weigh in? The Federal Court of Appeal recently weighed in on this question in Canada (Attorney General) v. Democracy Watch, 2020 FCA 69, overturning the Federal Court on exactly this issue. The two courts’ decisions illustrate the difficulty in deciding what is and is not fair game for judicial review, and the ...

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After the initial phase of suspension of non-urgent hearings due to the COVID-19 pandemic, courts in British Columbia have started to move towards alternative ways to resume the operation of the justice system. With the increasing prevalence of remote communication options, courts have developed procedures to conduct hearings remotely using video or ...

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There is a wonderful scene in the 1976 Peter Seller’s film The Pink Panther Strikes Again in which he arrives at a Swiss hotel seeking a room. After a brief colloquy with the hotelier over obtaining a “rume,” he turns from the front desk to see a long haired dachshund lying quietly in the doorway leading to his suite. He asks the innkeeper, “Does your dawg bite?” and is ...

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Many commercial contracts limit claims between parties, particularly for consequential losses, to instances of gross negligence. Many statutes circumscribe claims against government authorities to the same circumstances. The Police Act, for example, prohibits claims against the police except where the police have been “guilty of dishonesty, gross negligence or ...

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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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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.

Legal Disclaimer: The information made available on this webpage is for information purposes only. It does not constitute legal advice, and should not be relied on as such. Please contact our firm if you need legal advice or have questions about the content of this webpage. 

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