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Introduction The recent Alberta decision of ATCO Energy Solutions Ltd v Energy Dynamics Ltd, 2024 ABKB 162 (“ATCO Energy”) provides a helpful review of product liability law, discussing how circumstantial evidence may be used and how resulting inferences and theories of negligence can be rebutted. ATCO Energy involved the manufacture of an allegedly defective engine […]

Introduction Social media offers a platform for the sharing of information; however, the use of social media presents unique and significant legal challenges and potential liability, including the issues of jurisdiction and defamation. In Durand v Higgins, 2024 ABKB 108 (“Durand”), the Alberta Court of King’s Bench found an individual liable for defamation for reposting […]

The Alberta Legislature has passed a new law that will revamp Alberta’s apprenticeship system: the Skilled Trades and Apprenticeship Education Act (the “Skilled Trades Act”).[1] The Skilled Trades Act is not currently in force, but once it receives Proclamation, this new legislation will repeal and replace the Apprenticeship and Industry Training Act (the “Apprenticeship Act”), […]

The author would like to acknowledge the contributions of Barry Temkin, partner at Mound Cotton Wollan & Greengrass LLP in New York.  In 2002, the New York Legislature passed the Prompt Pay Act[1], whose stated purpose is to promote timely payment to construction industry contractors and subcontractors.[2]  The Prompt Pay Act applies to “all contracts […]

Introduction On April 12, 2023, Associate Chief Justice Nielsen provided much needed clarity on the purpose of Alberta’s Civil Practice Note 7 (“CPN7”) entititled “Vexatious Application/Proceeding Show Cause Procedure (General Powers to Stay or Dismiss a Frivolous, Vexatious, or Abusive Application or Proceeding).” [1] In De’Medici v Wawanesa Mutual Insurance Company, 2023 ABKB [De’Medici], Justice […]

Introduction On May 9, 2023, the International Swaps and Derivatives Association (ISDA) released its annual survey examining the total initial margin (IM) and variation margin (VM) collected by leading derivatives market participants in 2022. ISDA is an international private trade organization for participants of the over-the-counter (OTC) derivatives market. Examples of market participants include international […]

In 2022, Toronto and Ottawa introduced vacant homes tax regimes.[1] These regimes are modelled after the empty homes tax regime introduced in Vancouver in 2017, and are aimed at incentivizing owners of vacant residential properties to sell or rent their properties. Unlike the federal Underused Housing Tax Act, these municipal regimes are not limited to […]

Overview The Supreme Court of Canada confirmed that corporations are not protected from cruel or unusual punishment by section 12 of the Canadian Charter of Rights and Freedoms [Charter] in the recent decision of Québec (Attorney General) v 9147-0732 Québec inc.[1] The Court split[2] over the proper approach to constitutional interpretation, and the majority decision […]

Canada’s unqualified adoption of the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) in 2016 rang alarm bells for many prospectors and developers across Canada. It elevated the debate as to whether consent of Indigenous peoples would be required before conducting any mineral exploration or development activities and more importantly, whether permits were […]

On April 13, 2023, the Federal Court handed down its decision in a case brought by the Office of the Privacy Commissioner of Canada (the “OPC”) against Facebook Inc. (“Facebook”).[1] The case centers around Facebook’s obligations with respect to third-party applications’ data protections. It also provides helpful insight on the interpretation of “consent” under Canadian […]