Commercial Litigation and Dispute Resolution Blog

In Dow Chemical Canada ULC v Nova Chemicals, 2023 ABKB 215, Justice Woolley dismissed Dow’s Originating Application seeking, among other things, a declaration under s. 47 of the Arbitration Act RSA 2000, c A-43 that an arbitration was invalid because the arbitration agreement did not apply to the matter in dispute.

Section 47 of the Arbitration Act allows a party who has ...

The model Industry Agreements developed by the Canadian oil and gas industry (such as the CAODC-CAPP and PSAC contracts) stipulate that any unpaid contractor invoices shall bear interest at a rate of 18% per annum. This is by no means atypical. In the Canadian oil and gas industry it is very common to find contractual interest rates for late or unpaid invoices ranging from 12 ...

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?  

The circumstances are important. Consider a situation where:

1. both parties have an agreement that the dispute to which the documents in question relate is to be heard in Canada (in Alberta) and governed by ...

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 ...

Here’s a familiar scenario:  A service provider that has been invoicing its client for several years at some point discovers that it has been calculating its services incorrectly and has missed billing for an item. The mistake goes back a number of years. The service provider then sends a “corrective invoice” containing the previously missed charges to the client ...