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In most cases, a plaintiff seeking an interim or interlocutory injunction is required to give an undertaking as to damages. The purpose of this practice is to ensure that the defendant will be adequately compensated in the event that the injunction is granted, but the plaintiff is ultimately unable to prove its case on its merits. The defendant may suffer damages (such as lost ...

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Could Pablo Escobar sue for breach of contract? Can a Tony Soprano get an agreement enforced by court order? You might think that in a commercial lawsuit, if a party admits having intended to break the law, their case is over. However, the reality is much more nuanced.

In dismissing a recent appeal, the B.C. Court of Appeal (BCCA) confirmed that the courts have a broad discretion ...

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Background

On June 21, 2018, Parliament’s Greenhouse Gas Pollution Pricing Act (the Act) came into force. The Act sought to mitigate climate change by applying minimum national pricing standards for greenhouse gas (GHG) emissions to listed provinces that had not adopted sufficiently stringent pricing mechanisms.[1] Part 1 imposed a fuel charge to 22 listed ...

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With the onset of the COVID-19 virus, the oil price war, and the resulting economic fallout from both events, the commercial environment has significantly changed. That change in the commercial environment has caused businesses and individuals to mitigate against risk and loss.

The commercial situation in which parties entered into contracts before the economic ...

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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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Most claims that have to be pursued by way of a court proceeding are subject to a limitation period, i.e., a time period within which the court proceeding must be commenced. Failing to commence the proceeding within the limitation period results in the claim being barred.

The basic limitation period under the Limitation Act, R.S.B.C. 1996, c. 13, is two years from the date the ...

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In 1974, B.C. passed what is now the Frustrated Contract Act (FCA), to resolve uncertainty left when a contract was deemed frustrated (where performance has become impossible or radically different due to supervening events). Since then, the FCA has received little judicial consideration. It has been called “badly drafted and haphazard”. Most practitioners are ...

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In a relatively recent decision, Pita Royale Inc. (Aroma taste of the Middle East) v Buckingham Properties Inc., 2019 ONCA 439, the Ontario Court of Appeal confirmed yet again that once a commercial landlord makes an ‘election’ to terminate a lease due to a specific default of a tenant, the landlord is not permitted to distrain or seize the tenant’s goods on the premises ...

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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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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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