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In the absence of a contractual provision to the contrary, an employee must provide his or her employer with reasonable notice of his or her resignation. Occasionally, however, an employer may find itself faced with the question of how to handle an employee who has resigned and provided the employer with an excessively lengthy notice […]

Overview Saskatchewan’s Court of Appeal has held that while multiple or duplicative proceedings are generally undesirable, they are not prohibited. In the decision of Herold v Wassermann,[1] the Court set out the factors to be considered in determining whether an individual action should be permitted to proceed at the same time as a class action. […]

Assessing the implications of Coldwater v. Trans Mountain on major resource project approvals in Canada On February 4, 2020, the Federal Court of Appeal released its decision in Coldwater v. Trans Mountain, 2020 FCA 34 (“Coldwater”), considering legal challenges to the federal Cabinet’s second approval of the Trans Mountain Expansion Project (the “Project”). The Court […]

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 […]

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 […]

Darin J. Hannaford brings decades of litigation experience to the table, catering to diverse industries in Western Canada in contractual, construction, transportation, environmental, and regulatory matters. He represents contractors in large construction claims and disputes, and advises multinational corporate clients on commercial and environmental litigation, shareholder disputes, employment issues, advertising, regulatory approvals, municipal law, and […]

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 […]

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 […]

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 […]