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Searching Content indexed under Litigation, Mediation & Arbitration by McLennan Ross LLP ordered by Published Date Descending.
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1
New Changes To The Northwest Territories' Human Rights Act
Big changes are coming to the NWT's Human Rights Act that will impact the way human rights complaints are handled in the NWT.
Canada
9 Aug 2019
2
The Path To An Appeal Of An Arbitration Award May Not Be So Straightforward
It is a relatively straight forward and well understood concept that at the outset of parties entering into a contract for services, they may choose to have any dispute that arises to be dealt with by alternative dispute...
Canada
8 Jul 2019
3
Ruston v Keddco And The Risks Of Employee Intimidation
The decision to terminate an employee for just cause can place an employer in a delicate balancing act.
Canada
27 Jun 2019
4
Municipal Reserve Lands – Validity Of Lien Disputed Post-Payment Of Security
Have you wondered whether you can dispute the validity of a lien after alternate security has been paid into Court? The Court of Queen's Bench recently confirmed that municipal and/or school reserve
Canada
21 Jun 2019
5
Court Upholds Just Cause Termination For Nurse Who Bites
In what is one of the last Alberta labour arbitration awards to be judicially reviewed by the Alberta Court of Queen's Bench (the "Court"), the just cause dismissal of a nurse for biting a patient was upheld.
Canada
27 Mar 2019
6
In Summary: It's Still A Balance Of Probabilities
On February 6, 2019, the Alberta Court of Appeal released the Weir-Jones Technical Services Incorporated v. Purolator Courier Ltd. 2019 ABCA 49 ("Weir-Jones") decision.
Canada
15 Feb 2019
7
Better Late Than Never? Court Of Appeal Rules On Extending Limitation Periods In Contaminated Site Litigation
On February 6, 2019, the Alberta Court of Appeal released its decision in Brookfield Residential (Alberta) LP (Carma Developers LP) v Imperial Oil Limited, 2019 ABCA 35 ("Brookfield").
Canada
13 Feb 2019
8
Streamlining Contractual Disputes With An Expert
Palpable errors are those which are so obvious that they can easily been seen or known; readily or plainly seen.
Canada
13 Feb 2019
9
Ontario Court Of Appeal Confirms Court May Render An Arbitration Clause Invalid In Order To Protect The Weaker Contracting Party
Canadian Courts have consistently held that arbitration clauses are to be given a large and liberal interpretation.
Canada
11 Feb 2019
10
Is It Safe To Give Honest Employment References For Former Employees?
Many employers now have a practice of not giving employment references at all. That can prevent future employers from finding out about very serious misconduct.
Canada
24 Jan 2019
11
Litigating Climate Change: Group Of Young Quebecers Launch Climate Change Lawsuit Against Federal Government
ENvironnement JEUnesse ("ENJEU"), a Quebec-based environmental youth group, has commenced a class action lawsuit in the Superior Court of Quebec.
Canada
17 Jan 2019
12
Physical Contact Required For Coverage Under SEF No. 44 Endorsement (13-Nov-18)
In Funk v. Wawanesa Mutual Insurance Company,[1] the Court of Appeal overturned the decision of the lower Court' that physical contact with an "unidentified automobile" was not required to qualify...
Canada
15 Nov 2018
13
Medical Assistance In Dying And Its Enforceability In A Personal Directive
The Supreme Court of Canada upheld a blanket prohibition on assisted dying in its 1993 decision Rodriguez v. British Columbia (AG)[1], in which the Court stated that aiding or abetting a person...
Canada
13 Nov 2018
14
Clarifying The Scope Of An Auditor's Duty Of Care
Auditors' liability suffered a significant setback late last year with the release of the Supreme Court of Canada's decision in Deloitte & Touche v. Livent Inc. (Receiver of) ("Livent").
Canada
13 Nov 2018
15
Alberta Labour Relations Board Takes Over Employment Standards Appeals
Until now, appeals of orders under the Employment Standards Code were heard by Provincial Court judges.
Canada
8 Nov 2018
16
"Direct" Indemnity Clauses – Supreme Court Of Canada Grants Leave In Resolute FP Canada Inc. v. Her Majesty The Queen
The Supreme Court of Canada has granted leave to appeal in Resolute FP Canada Inc. v. Her Majesty the Queen, signaling a desire by the top court to bring clarity to indemnity clauses between contracting parties...
Canada
8 Nov 2018
17
New Labour Relations Board Vice-Chair Appointments
By Order in Council dated October 24, 2018, the Alberta Labour Relations Board has made the following appointments and reappointments, all for 3-year terms
Canada
30 Oct 2018
18
Property Damage Not Peril Under Multi-Peril Insurance Policy
Recently, Alberta's Court of Queen's Bench held a multi-peril contract of insurance did not cover damage sustained to the structural integrity of a parkade.
Canada
11 Oct 2018
19
Meaningful Consultation Requires Grappling With Indigenous Concerns
On August 30, 2018, the Federal Court of Appeal (the Court) issued a decision that quashed the Governor-in-Council (GIC) ...
Canada
25 Sep 2018
20
Federal Court Of Appeal Decision On The Trans Mountain Expansion Project
This morning the Federal Court of Appeal (2018 FCA 153) quashed the federal government's Order in Council approving the TransMountain Expansion project.
Canada
5 Sep 2018
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