Civil Litigation
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May 03, 2024
Court: Payment pact with owner doesn’t override subcontractor lien discharge provisions
The B.C. Court of Appeal has held that a direct payment-forbearance agreement between a landowner and a subcontractor did not preclude the owner from relying on a provision of the Builder’s Liens Act to discharge a lien held by the subcontractor.
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May 03, 2024
Despite Tomec, insurers and tribunal continue to apply SABS limitation period in a rigid way
In November 2019, the Ontario Court of Appeal released its decision in Tomec v. Economical Mutual Insurance Company, 2019 ONCA 882, in which it found that the two-year limitation period set out in the Statutory Accident Benefits Schedule (SABS) was subject to the rule of discoverability. The Court of Appeal stated that applying a hard limitation period was contrary to the consumer protection purposes of the SABS and discouraged a narrow interpretation of the time limitation by insurers. Such an approach was not only inconsistent with the policy rationales that underlie limitation periods but could also lead to absurd results.
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May 03, 2024
Mining company agrees to pay U.S. $3M to settle class action
A Vancouver-based silver mining firm has agreed to pay U.S. $3 million to settle a class action centred on allegations it erroneously overstated the mineral reserves at its flagship mine in Mexico in 2022.
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May 03, 2024
Intentional disclosure of reports on pipeline failure led to loss of litigation privilege: court
Alberta’s highest court has ruled a petroleum company waived litigation privilege over reports looking into a pipeline failure when it provided them to a provincial regulator, and a lawyer involved in the case is saying the decision is a good reminder that documents created for the purpose of litigation must be treated as such.
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May 03, 2024
Pensions in wrongful dismissal cases
Employment lawyers on both sides of a wrongful dismissal case are often stumped on how to deal with pensions in the course of litigation and for settlement purposes.
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May 03, 2024
Ontario Superior Court rules LifeLabs data breach information is not privileged
The results of an investigation into the massive 2019 data breach that affected millions of LifeLabs patients may now see the light of day after the Ontario Superior Court ruled that information that the medical lab-testing giant wanted to keep secret is not privileged.
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May 03, 2024
3 partners join Alexander Holburn
A news release from law firm Alexander Holburn announced the addition of three new partners: Chris Reain, Emily Stock and Nicola Brankley.
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May 03, 2024
Good faith in M&A transactions: Quebec and the common law provinces
Parties involved in mergers and acquisitions and other commercial matters are often faced with letters of intent, offers, memoranda of understanding, renewal clauses and similar matters where there are stipulations that the closing or other completion of the transaction is subject to a party determining that due diligence investigations or other preconditions are satisfactory.
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May 02, 2024
Federal Court: Physician business information for OMA survey not protected under PIPEDA
The Federal Court has upheld a finding that a study on the overhead expenses incurred by physicians, which required the disclosure of physicians’ personal information, was not a commercial activity within the meaning of the Personal Information Protection and Electronic Documents Act (PIPEDA).
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May 02, 2024
Constitutional challenge of COVID-era school masking rules moot: Alberta Court of Appeal
Alberta’s top court has dismissed a challenge of COVID-era school masking requirements as moot, but a legal expert says it would have been useful to have it weigh in on the constitutional arguments raised.