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Searching Content indexed under Trials & Appeals & Compensation by McLennan Ross LLP ordered by Published Date Descending.
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1
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
2
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
3
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
4
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
5
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
6
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
7
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
8
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
9
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
10
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
11
"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
12
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
13
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
14
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
16
Courts Are Deferring To Professional Regulators More Than Ever
Recent high-profile decisions from across Canada demonstrate that the Courts are increasingly applying a standard of reasonableness when reviewing the decisions of professional regulators.
Canada
6 Aug 2018
17
Security For Judgment In Alberta
Commercial litigation is almost invariably expensive and time consuming. No one should embark on commencing a lawsuit for financial damages ...
Canada
6 Jul 2018
18
Physical Contact Required For Coverage Under SEF No. 44 Endorsement
In Funk v. Wawanesa Mutual Insurance Company, 2018 ABCA 200, the Court of Appeal overturned the Court of Queen's Bench decision which held that physical contact with an "unidentified automobile" was not required to qualify for coverage under the SEF No. 44 Endorsement ("SEF 44" or "Endorsement") because it went against public policy.
Canada
22 Jun 2018
19
Anton Piller Orders - What Not To Do
Plaintiffs sometimes determine that the rules and remedies afforded to them to acquire or preserve evidence and assets in the regular course of litigation are inadequate.
Canada
31 May 2018
20
Stolen Car From A Garage Results In No Duty Of Care Owed By Garage Owner
The Supreme Court of Canada recently decided that a garage owner does not owe a duty of care to those injured as a result of theft from their premises.
Canada
31 May 2018
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