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The Ontario Court of Appeal has released a new trilogy of cases regarding the privacy tort “intrusion upon seclusion.” Specifically, whether the privacy tort is available as against commercial entities collecting and storing clients’ personal information, where there was a breach of security by third-party malicious actors as a result of inadequate safeguards. The Court […]

Introduction The popularity of electronic sports (“esports”) has been mounting for years, leading to a now captive worldwide audience of 532 million, which is projected to be over 640 million by 2025.[i] In Canada, the gaming industry has enjoyed strong growth, contributing an estimated $5.5 billion to the country’s GDP in 2021, which represents a […]

The decision of the Alberta Court of Queen’s Bench in PME Inc v Enerkem Alberta Biofuels LP (Enerkem Alberta Biofuels GP Inc)[1] considers whether the lien fund or the value of a builders’ lien under the Alberta Builders’ Lien Act, RSA 2000, c B-7 (the “BLA“), can be increased by applying equitable principles and recent […]

In the recent Alberta Court of King’s Bench decision The Owners: Condominium Plan No. 9311533 v Shui Ming Tong Foundation, the Applications Judge was asked to determine two questions: The facts of this decision are uncomplicated.  The defendant unit owner fell into arrears in February 2017.  The plaintiff condominium corporation (the “Corporation”) filed a caveat, […]

You’re ready to sell your business. Excellent – congratulations on building something worth buying. You’ve had one of those family trust things around for several years. Thanks for following sound tax planning advice. You’re hearing now about multiplying the lifetime capital gains exemptions to pay less tax on the sale proceeds. Multiplication is good, especially […]

The word “reasonable” has been part of Canadian tax lexicon for over a century.  The 1917 Income War Tax Act allowed at para. 3(1)(a) a deduction in the computation of income for “such reasonable allowance as may be allowed by the Minister for depreciation, or for any expenditure of a capital nature for renewals, or […]

Counsel to the Underwriters

For the first time in Alberta, a court has awarded more than 24 months’ reasonable notice in a wrongful dismissal case. In Lischuk v K-Jay Electric Ltd. (“Lischuk”), the Alberta Court of King’s Bench ordered an employer (the “Company”) to pay an employee with 34 years of service, and significant minority shareholder (the “Plaintiff”), 26 […]

A recent decision from the British Columbia Court of Appeal has considerably altered the test for an application to dismiss an action for want of prosecution. Under the new revised test, applicants will no longer have to demonstrate serious prejudice as a pre-requisite, and the draconian reputation of the remedy has been diminished. In Giacomini […]

Overview On December 19, 2023, the Superior Court released its Reasons for Costs Decision in Alfa Mechanical Inc. v Chang, 2023 ONSC 7167, in respect of a plaintiff’s motion for default judgment pursuant to Ontario’s Construction Act.[1] This decision summarizes the law with respect to motions for default judgment in construction actions; costs in construction […]