Commercial & General Litigation



British Columbia Supreme Court sets precedent for consideration of cumulative effects on treaty rights
By Marlena Bova


Supreme Court of Canada upholds the Greenhouse Gas Pollution Pricing Act: the ruling and its consequences
Litigation Bulletin
By Robert Martz and Brendan Downey


Restructuring companies or restructuring contracts: Lessons from Chandos Construction Ltd v Deloitte Restructuring Inc.
Construction Litigation Bulletin
By David A. de Groot and Yang Guo (Student-at-Law)


Guidance from the Supreme Court of Canada regarding entitlements during the reasonable notice period
Employment Bulletin
By Bob Graham, Janna Young, James Jeffrey and Yang Guo (Student-at-Law)


Bill 23: Alberta’s attempt at filling the gaps in CECRA
Real Estate Bulletin
By Harrison Clark


MDS v Factory Mutual case suggests courts might allow claims for COVID-19 business-interruption coverage under property insurance policies
Litigation Bulletin
By Robert Martz and Paul Beke


Lister v Dunlop REDUX – will COVID-19 affect a lender’s ability to demand payment?
Banking and Finance Bulletin
By Robert Betteridge and Leslie-Anne Bowyer (Student-at-Law)


InterOil decision: Yukon Court of Appeal offers guidance for determining the fair value of shares
Securities Bulletin
By Jessica Brown, Lindsay Cox and Ben Otto


Force majeure clauses might cover COVID-19 and partially excuse contractual duties
Litigation Bulletin
By Robert Martz, Andrew Sunter and Paul Beke


Supreme Court of Canada rules that Nevsun Resources might owe damages for alleged forced labour, opening the door to civil liability for breaches of international law
Litigation Bulletin
By Robert Martz and Paul Beke


Overlapping arbitration and litigation: when can the court step in?
ADR Perspectives, ADR Institute of Canada
by Andrew Sunter and Susan Fader


Summary judgment is increasingly unavailable for disputes involving oil and gas contracts
Energy Newsletter - November 2019
by Katy Josephs (Student-at-Law)


Alberta Court of Appeal upholds ruling: City negligent in CTrain attack
CBC News
Trevor McDonald


Private federal corporations will need to keep record of shareholders with significant control as of June 2019
Client Bulletin - March 2019
By Andrew Sunter, Bronwyn Inkster and Paul Beke


Alberta Court of Appeal affirms balance of probabilities in new test for summary judgment
Litigation Bulletin - February 2019
By Julia Lisztwan, Michael Deyholos and Paul Beke


The Court clarifies the “unassailable” standard for Summary Judgment in O’Chiese Energy Limited Partnership v Bellatrix Exploration Ltd.
BD&P Litigation Bulletin, February 2019
by Kylan Kidd and Seamus White (Student at Law)


Alberta Appeal Judge finds that unfounded fears, however genuine, do not qualify as harm to Aboriginal Rights
Litigation Bulletin - January 2019
by Craig Alcock and Paul Beke


Kicking the Certification Can Down the Road: the Evolution of Judicial Discretion in Class Action Litigation – A Western Perspective
Class Action Defence Quarterly
Donald Chernichen, Andrew Sunter and Brendan Downey


Supreme Court of Canada finds no duty to consult with First Nations in the development of new legislation
BD&P General & Commercial Litigation Bulletin - October 2018
by Evan Dixon, Robert Martz and Brendan Downey


A Summary of Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc., 2018
OnPoint Legal Research
by Jeffrey Sharpe, Andrew Sunter and Robert Martz


Rule against overcompensation in Pierringer settlements should be applied generously in favour of plaintiffs
BD&P Litigation Bulletin - September 2018
Paul Beke, Andrew Sunter and Robert Martz


Federal Court Quashes Approval of Trans Mountain Pipeline Expansion
BD&P Client Bulletin - August 2018
Evan Dixon, Robert Martz and Seamus White, Student-at-Law


No Free Beer – R. v. Comeau and its Effects on Inter-Provincial Trade
BD&P Litigation Bulletin - April 2018
Robert Martz and Paul Chiswell


The Court of Appeal Brings Clarity to Summary Judgment Applications
BD&P Litigation Bulletin
Craig Alcock and Sydney Black