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 ...
We are now several years into the “culture shift” encouraging summary dispositions rather than trials, following the Supreme Court of Canada’s decision in Hryniak v Mauldin.[1] Commentary from the Alberta Court of Appeal suggests that this shift has indeed resulted in an increase in the number of cases that have been decided under the summary judgment rules in ...
The Alberta Court of Appeal recently released two insurance coverage decisions analyzing:
- What facts would trigger the insurer’s duty to defend; and
- Whether a policy covered property damage that resulted from a contractor’s faulty workmanship.
In both cases, the three-justice panel decided against the insurer.
The Duty to Defend
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:
- 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 ...
Almost a year ago (May 26, 2017), the Alberta Court of Appeal released its 2:1 decision in IFP Technologies (Canada) Inc. v. EnCana Midstream and Marketing (IFP Technologies), 2017 ABCA 157. The decision was of particular significance with respect to the meaning of "working interest" in the oil and gas industry, when consent to a disposition could be reasonably withheld ...
On September 27, 2016, I blogged about the decision of the Alberta Court of Queen’s Bench blocking approval of an arrangement in Re Marquee Energy Ltd,. and the Alberta Oilsands Inc. In that decision, the Court held that Alberta Oilsands shareholders must be allowed a shareholders vote even though the only company being “arranged” was Marquee Energy Ltd. The appeal of ...
This post was submitted by Lawson Lundell guest author Euan Sinclair, Director, Knowledge Management.
The titanic legal battle over the soul of Alberta’s Personal Information Protection Act took a new twist recently, when the Supreme Court of Canada refused the Alberta Information and Privacy Commissioner’s application for leave to appeal the Alberta Court of ...
This post was submitted by Lawson Lundell guest author Euan Sinclair, Director, Knowledge Management.
In the absence of a national identity card, many Canadians are routinely required to use their driving licences to prove their identity in the course of business, commerce or travel. But when is it lawful for organizations to record information from the licence to ...
On April 13–14, 2011, the Supreme Court of Canada will hear a reference involving a show down between the federal government and various provincial governments over the question of whether the proposed new national securities regulator is constitutionally valid.
Currently, the securities industry in Canada is primarily regulated through provincial securities ...
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