Commercial Litigation and Dispute Resolution Blog

Canada is implementing new measures to combat the use of forced and child labour in the global supply chains of Canadian-linked organizations. Bill S-211 is currently awaiting Royal Assent and will likely come into force on January 1, 2024.[1] The Bill enacts the Fighting Against Forced Labour and Child Labour in Supply Chains Act (the “Act”), and imposes reporting ...

In a warning for commercial landlords and tenants (Amacon Alaska Development Partnership v. ARC Digital Canada Corp., 2023 BCCA 34), the BC Court of Appeal has upheld the application of the duty of good faith in the context of an early termination negotiation.

The Court of Appeal came down hard on a party who used an overly technical interpretation of their strict legal rights ...

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 ...

In a recent decision concerning invoices issued under several petroleum facilities agreements, Harvest Operations Corp. v. Obsidian Energy Ltd.,^[1] the Alberta Court of King’s Bench held that the limitations period starts running from the reasonable date by which the invoices ought to have been issued, not from a shorter contractual deadline for issuance.

The ...

In a recent decision, the Supreme Court of Canada ("SCC") has expanded the scope for constructive taking (also called de facto expropriation) claims. They have removed the requirement to show that a government has acquired a beneficial interest in the relevant land whose development rights they impair. This requirement has been replaced with the much broader category of ...

A friend called the other day distressed at the conduct of her elder and only sibling.  He had said and done mean things, and taken financial and emotional advantage of their aging mother, now in a care home.  The brother was a sponger.  He lived rent and expense-free in mum’s home despite efforts to get him to leave.  He had not worked in years and was taking advantage of his mum.  My ...

In a highly anticipated decision, the Supreme Court of Canada (the “SCC”) in Barendregt v Grebliunas, 2022 SCC 22 confirmed the appropriate test for admitting additional evidence on appeal.

This decision confirms that the long-standing test set out in R.v. Palmer, [1980] 1 SCR 759, applies both to evidence that existed at the time of trial but was not adduced at that ...

In a recent decision, Condominium Corporation No. 0522151 v JV Somerset Development Inc. (Somerset Condominium)^[1], the Alberta Court of Appeal held that the hands-off developer of a condominium building may be liable for construction deficiencies that emerge years after the units are sold to initial owners.

Background

JV Somerset Development was the developer of a ...

Vancouver International Arbitration Centre’s (“VanIAC”) new International Commercial Arbitration Rules of Procedure (the “New Rules”) came into effect on July 1, 2022. In this post, we summarise what you need to know about the New Rules.

The New Rules are a significant update to the previous version of the international arbitration rules, which were last ...

On Monday, June 13, 2022, the Supreme Court of the United States ruled on whether 28 U.S. Code § 1782(a) (“s. 1782”) permits US district courts to order discovery in aid of foreign private arbitration proceedings.

In ZF Automotive US, Inc., Et al. v Luxshare Ltd. (“ZF Automotive”), the court decided that s. 1782 does not allow US district courts to order discovery for ...