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Searching Content indexed under Litigation, Mediation & Arbitration by Matti Lemmens ordered by Published Date Descending.
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Redwater Decision
On January 31, 2019, the Supreme Court of Canada released its decision in Orphan Well Association v. Grant Thornton Ltd., popularly known as Redwater.
Canada
11 Feb 2019
2
Court Consolidates Arbitration Proceedings Without Consent Of Parties
The Court of Queen's Bench of Alberta recently ordered the consolidation of arbitration proceedings without the consent of all parties.
Canada
21 Nov 2018
3
Disguised Expropriation: Protecting Oil And Gas Interests
The concept of expropriation concerns the power of a public authority to deprive a property owner of the enjoyment of the attributes of his or her right of ownership.
Canada
20 Sep 2018
4
Courts vs. Private Arbitration: Arbitrators Can Decide Who Has Jurisdiction
The relationship between the Courts and private arbitration is complicated. The growing popularity of arbitration means that establishing judicial principles regarding the interplay of these two forms...
Canada
20 Nov 2017
5
Alberta Courts Confirm Restructuring Transactions With Select Creditors Not Oppressive And Comment On Availability Of The Oppression Remedy In CCAA Proceedings
The Court of Queen's Bench of Alberta confirmed that it had jurisdiction to remedy oppressive conduct while a business is restructuring under the Companies' Creditors Arrangement Act.
Canada
12 Apr 2017
6
Alberta Courts Confirm Restructuring Transactions With Select Creditors Not Oppressive
Lightstream suggests that this jurisdiction will be sparingly exercised, and courts will decline to do so where ordering such a remedy would result in creditors manoeuvering for a better position.
Canada
3 Apr 2017
7
Alberta Court Of Appeal Grants Intervener Status To Four Participants In Appeal Of Re Redwater Energy Corp.
The Alberta Court of Appeal granted permission to intervene to all four entities.
Canada
19 Aug 2016
8
Alberta Court Of Queen's Bench Clarifies The Test For Extending A Limitation Period For An Environmental Contamination Claim
Environmental contamination often goes undiscovered for many years, potentially making it difficult for plaintiffs to bring a claim to recover damages for environmental contamination within statutory limitation periods.
Canada
20 Jul 2016
9
Alberta Court Of Queen's Bench Clarifies The Test For Extending A Limitation Period For An Environmental Contamination Claim
Environmental contamination often goes undiscovered for many years, potentially making it difficult for plaintiffs to bring a claim to recover damages for environmental contamination within statutory limitation periods.
Canada
14 Jul 2016
10
Alberta Court Of Queen's Bench Clarifies The Test For Extending A Limitation Period For An Environmental Contamination Claim
Environmental contamination often goes undiscovered for many years, potentially making it difficult for plaintiffs to bring a claim to recover damages for environmental contamination within statutory limitation periods.
Canada
28 Jun 2016
11
Shifting Environmental Liabilities After The Redwater Decision
The Court considered whether the Alberta Energy Regulator can restrict a trustee's powers to sell or disclaim uneconomic assets subject to AER licences.
Canada
1 Jun 2016
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