Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Tag Archives: Alberta Court of Appeal

Different but Hopefully Equal? Federal and Provincial Employment Standards to be Considered by the Supreme Court

By Curtis E. Marble on Posted in Administrative, Case Previews, Labour and Employment

The Supreme Court of Canada has granted leave in an appeal about whether provincial or federal legislation governs workplace compensation for federal workers.  If the decision of the Court of Appeal in Martin v. Alberta (Workers’ Compensation Board), 2012 ABCA 248 is upheld, federal workers may find that their claims for accident-related compensation will be… → Read More

More than “Lip Service” to Limited Liability: Personal Liability of Directors and Causation of Damages for Misrepresentation to Investors

By Timothy Froese on Posted in Case Comments, Class Actions, Torts

Will a director or officer of a corporation or limited liability partnership be personally liable for the losses of investors who relied upon his or her inaccurate statements when deciding to invest in a corporate venture? What if the inaccurate statements did not involve matters that were proven to cause the investment losses? The Alberta… → Read More

This Week at the SCC (01/03/2013)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

By Kirsten Thompson on Posted in This Week at the SCC

The Supreme Court of Canada decided a leave application this week in one case likely to be of interest to Canadian businesses and professions. The Supreme Court refused leave from the Alberta Court of Appeal in Lay v Lay, 2012 ABCA 303. The appeal provided an opportunity for the courts to interpret Alberta’s new Rules… → Read More

This Week at the SCC (18/01/2013)

By Brandon Kain on Posted in This Week at the SCC

Cases Heard The Supreme Court of Canada heard arguments this week in two cases of interest to Canadian businesses and professions, and reserved judgment in each. The first is an appeal from Newfoundland (Workplace Health, Safety and Compensation Commission) v. Ryan Estate, 2011 NLCA 42.  It involves whether s. 6 of the federal Maritime Liability… → Read More

This Week at the SCC (30/11/2012)

By Brandon Kain on Posted in Bankruptcy and Debt, Intellectual Property, Labour and Employment, Professions, Securities, This Week at the SCC

Cases Decided The Supreme Court of Canada released one decision this week of interest to Canadian businesses and professions. In Construction Labour Relations v. Driver Iron Inc., 2012 SCC 65, the Court held the Alberta Court of Appeal erred in quashing a decision of the Alberta Labour Relations Board on judicial review.  The Court’s brief judgment… → Read More

Shoulda Woulda? Alberta Court of Appeal Considers the Mental Element of the Tort of Civil Conspiracy

By Ronald Podolny on Posted in Case Comments, Class Actions, Professions, Torts

Introduction The Alberta Court of Appeal has provided its latest contribution to the analysis of the tort of civil conspiracy. The case’s importance lies in its consideration of the mental element of the tort. The case is also interesting for the absence of any reference to the recent Ontario Court of Appeal jurisprudence on the matter,… → Read More

When is it “Not Reasonable” to Deny the Cross-Examination of an Expert?

By Curtis E. Marble on Posted in Aboriginal, Case Comments, Labour and Employment

Background Cross-examining experts is the primary way in which competing expert opinions are tested in the adversarial process. The Alberta Court of Appeal in its recent decision in Johnson v. Alberta (Appeals Commission for Alberta Workers’ Compensation) recently determined that a decision not to allow a cross-examination may not be reasonable, in particular where without… → Read More

Regulating the Regulator – Pembina intervenes after the fact

By Curtis E. Marble on Posted in Administrative, Case Comments, Energy

In a decision providing ammunition for public interest groups denied an opportunity to intervene before a regulator, the Alberta Court of Appeal denied leave to Pembina on the issue of whether the Alberta Utilities Commission made various errors in approving a power plant. This blog entry, however, will address only the fact that Pembina was… → Read More

Is “Prejudice” in Security for Costs Only One Factor to Consider?

By Curtis E. Marble on Posted in Case Comments, Procedure

The Alberta Court of Appeal’s decision, denying leave to appeal in Autoweld Systems Ltd. v. CRC-Evans Pipeline International Inc., provides authority for maintaining a security for costs order against a company with few assets. This decision will prove a useful authority to clients wishing to stop litigation where the plaintiff is a party unable to pay a costs… → Read More