Lawson Lundell LLP (JD Supra Canada)

17 results for Lawson Lundell LLP (JD Supra Canada)

  • What Not To Do: Landlord Ordered To Pay Punitive Damages In Commercial Lease Dispute

    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 in order to satisfy or...

  • The Supreme Court Of Canada Upholds Statutory Protections For Journalistic Sources

    The first Supreme Court of Canada interpretation of the Journalistic Sources Protection Act- A former member of government charged with corruption offences. A CBC journalist investigating. Her sources allegedly came from within a government anti-corruption unit.

  • Course Of Construction vs. Property Or Commercial General Liability – Which Insurance Policy Applies?

    Suppose a contractor or subcontractor is involved in a major renovation or expansion project such as work on a hospital, academic institution, or a large industrial or retail facility. Due to unfortunate circumstances while construction is underway and ongoing, through a fire, a water leak or other catastrophic event, damage to the newly renovated property occurs as well as damage to the existing

  • Top 7 Tips To Avoid Litigation

    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.

  • Proper Service Ex Juris Is Not A Mere Technicality

    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?

  • Recovering Damages From The "Lesser Losers"

    A recent Supreme Court of Canada case highlights the importance of procedural and substantive decisions where restitutionary damages are to be calculated on an aggregate basis. These issues are particularly acute in cases that seek to recover damages from a large scale fraud.

  • The Correction Of Awards Under The Alberta Arbitration Act

    Section 43 of the Alberta Arbitration Act is a statutory exception to functus officio- Historically, the doctrine of functus officio applied to hold that a decision maker could not reopen a hearing or amend an award that was final.

  • Can Negative Online Reviews Lead To Claims For Defamation?

    Negative reviews posted on websites such as Better Business Bureau, Yelp, Glassdoor, and Facebook can be devastating to companies, and perhaps even fatal to small businesses and sole practitioners who rely on goodwill and word of mouth recommendations. Although the ill effects of a single negative review may be mitigated in cases where it is outweighed by positive feedback, businesses that...

  • BC Court Of Appeal Confirms That A Hyperlink By Itself Is Not Publication Of Defamatory Material

    Publication (communication of defamatory material to someone other than the plaintiff) is an essential element in a defamation claim. In the recent decision in Malak v Hanna, 2019 BCCA 106 (“Malak”) the British Columbia Court of Appeal confirmed that merely sending a hyperlink to defamatory material does not constitute publication.

  • Something "Not So New" In The World Of Fracking

    On April 25, 2019, the Federal Court of Appeal issued its decision in a longstanding patent dispute in the oil patch regarding hydraulic fracturing technology: Packers Plus Energy Services Inc. and Rapid Completions LLC v. Essential Energy Services Ltd. et al, 2019 FCA 96. In support of its patent, Packers had issued a series of infringement suits against several players in the Canadian oil...

  • Do Environmental Exclusion Clauses Hold Up?

    Earlier this month, the B.C. Court of Appeal rendered its decision in West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110 – a case which considered whether insurers can rely on certain exclusion clauses to deny or preclude coverage for environmental contamination and pollution claims.

  • Blended Families And The Consequences Of Seeking A Court Ordered Sale Of Property

    Second marriages are common. They frequently occur when one or both individuals already have adult children. Sometimes these melded families work and everyone gets along, or at least are pleasant enough to each other. Occasionally it does not go that well. In either case, but particularly the latter, difficult legal questions can arise that should to be addressed rather than ignored.

  • Alberta Court Of Appeal Clarifies Summary Judgment And Limitation Period For Breaches Of Contract

    On February 6, 2019, the Alberta Court of Appeal delivered its much anticipated decision in Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49 (Weir-Jones). The decision provides clarification and guidance on two topics in which competing lines of authority had recently emerged in Alberta: (1) the correct standard of proof for summary judgment and, to a lesser extent,

  • Similar Fact Evidence — Can It Be More Than Just “Icing On The Cake?”

    A recent decision from the Alberta Court of Queen’s Bench raises the issue of whether similar fact evidence may be useful in a limitations defence. In Capital Power PPA Management Inc. v. TransAlta Corporation, 2018 ABQB 1036, Justice Rooke summarily dismissed Capital Power’s action on limitation grounds.

  • The Supreme Court of Canada Rules On Production Orders and Sets the Stage for Journalist Source Privilege Debate

    The Supreme Court of Canada (SCC) recently changed the legal landscape on the media’s ability to contest production orders that implicate journalists’ sources.

  • Court Costs – An Often Overlooked Part of Litigation

    In the recent Court of Queen’s Bench of Alberta decisions of Weatherford Canada Partnership v. Addie, 2018 ABQB 571 and Remington v Crystal Creek Homes Inc, 2018 ABQB 644, the Court addressed how costs should be calculated following litigation. Although court costs are awarded at the end of court applications or trials and are almost…

  • ISPs Won’t Work (Entirely) for Free: SCC holds ISPs entitled to reasonable costs of compliance with Norwich order

    In Rogers Communications Inc. v. Voltage Pictures, LLC (2018 SCC 38), a unanimous Supreme Court of Canada recently held that Rogers Communications Inc., an Internet service provider (“ISP”), was entitled to recover reasonable costs of complying with a Norwich order from Voltage Pictures LLC, the copyright owner. The Court remitted the matter to the motion court to determine the quantum of costs....

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