Philip A. Carson

Associate Counsel | Calgary

403.298.2403

Portrait of Philip A.  Carson

Who is My Neighbour? SCC Rules on Foreseeability and the Duty of Care in Tort Law

In Canadian tort law, a duty of care requires a relationship of sufficient proximity.  That relationship is informed by the foreseeability of an adverse consequence of one’s actions, subject to policy reasons that a duty of care should not be...

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Liability issues – Avoiding litigation through mediation and arbitration

Canadian Consulting Engineer

An engineer has several ways to protect itself from liability, including working only within defined areas of practice competence, careful peer review to limit errors, comprehensive insurance, and careful contracting to limit liability exposure. An engineer is best served by...

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Architects are easy targets for lawsuits – frivolous and otherwise

The Straight Line, Issue 5, December 2017

Any fool with $250 and a typewriter can sue anybody. In my own practice I have seen an architect sued over mechanical defects, a mechanical engineer sued over structural defects and a structural engineer sued over building envelope defects. A...

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When Is a Release Full and Final?

In the May 5, 2017 decision of Biancaniello v. DMCT LLP, the Ontario Court of Appeal considered whether a release operated to bar a claim even though the claim was unanticipated and unknown at the time the release was executed...

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Lloyd’s Review – Deslaurier Custom Cabinets Inc. v 1728106 Ontario Inc. 2016 ONCA 246

This case deals with cross-indemnity obligations under a commercial lease following a fire that destroyed both the Landlord’s premises and the business of the Tenant. The plaintiff was the Tenant of space in a light industrial building.  The lease required...

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Engineers are easy targets for frivolous lawsuits

Canadian Consulting Engineer

Any fool with $250 and a typewriter can sue anybody. In my own practice I have seen a structural engineer sued over building envelope defects, a mechanical engineer sued over structural defects, and an architect sued over mechanical defects.

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Limitations of Liability Carry the Day

In a recent summary dismissal decision obtained by Miller Thomson LLP, an Alberta court confirmed that properly worded limiting conditions can shield a professional from liability in negligence. In particular, the court found that limiting conditions can exclude liability to...

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Director’s Liability for Corporate Negligence

Plaintiffs often cast the net broadly to capture every party with assets or insurance capable of satisfying a potential judgment.  Directors are often named as defendants in claims related to the negligence of the companies they oversee. Under Canadian law,...

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Triple Jeopardy: Civil, Disciplinary, and Regulatory Proceedings against Professionals

Members of regulated professions, such as engineers, architects, financial advisors, and health professionals, can face multiple proceedings arising from the same conduct.  For instance, for a single event, an engineer may be sued in civil proceedings for negligence, be charged...

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Caution: Limitation Clauses May Not Apply

Canadian Consulting Engineer, March/April 2015, p. 34-37

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What To Do With Sleeping Dogs: Dismissal for Delay

In most Canadian jurisdictions, a plaintiff’s claim can be dismissed for delay. Lord Salmon, in Fitzpatrick v. Batger & Co., [1967] 2 All E.R. 657, articulated the problem of dormant claims, as follows: [The defendants] no doubt, however, were relying...

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The Dos and Don’ts of Construction Disputes

The Constructor, 152-153

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Limitations of Liability Clauses that may not Limit Liability

A recent decision of the Alberta Court of Appeal, Swift v Tomecek Roney Little & Associates Ltd., 2014 ABCA 49, has significantly reduced the protection that consultants rely upon when they include limitations of liability provisions in their contracts.  As...

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Frustration of Contract and Force Majeur

Construction Business BC & Alberta's Construction Magazine

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Repair and Maintenance Obligations Under the Commercial Lease

A typical commercial lease places most or all of the responsibility for repairs and maintenance on the tenant, except that the tenant’s obligations may be limited in respect of reasonable wear and tear, and the landlord may be responsible for...

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New Property Tax Appeal Procedures in Alberta

In the first few months of the year, property owners in Alberta will be receiving their property tax and business tax assessments, and should be considering making a complaint if their assessment is significantly in error. A complaint will lead...

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Real Estate Commissions Disputes

Realtors expect to be paid for their work when they deliver to a vendor who is similarly ready to conclude a deal, a purchaser who is willing, ready and able to purchase.  In the normal course, the transaction is completed,...

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Disaster Strikes – Frustration of Contract and Force Majeure

What happens when disaster strikes a construction project? Have circumstances changed so significantly that the original contract becomes impossible to perform? Can the builder rely on force majeure to keep the contract alive?  Those questions have recently been addressed by...

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Maintaining Core Values As A Company Grows

Profile Magazine

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Exposure to Liability From Service of Alcohol at Events

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WCB Implications of Telecommuting

Network

This article was published in Network (The official magazine of the Human Resources Institute of Alberta) in its Spring 2008 edition.

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Gone But Not Forgotten – Environmental Obligations in O&G Transactions

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