A recent decision of the Alberta Court of Appeal has opened the door for awarding punitive damages to surviving dependants under Alberta’s Fatal Accidents Act (the “FAA”). The FAA creates a statutory cause of action for dependants of deceased persons where death was caused by a wrongful act. Similar legislation in other provinces has been held to preclude claims for punitive and other non-compensatory damages. Until now, the availability of punitive damages under the FAA was uncertain.
Steinkrauss v. Afridi is a medical malpractice case. The deceased, Mrs. Steinkrauss, was a patient of Dr. Afridi. She sued … Continue Reading
The Supreme Court of Canada granted leave to appeal this week in one case that is likely to be of significant interest to Canadian businesses and professions.
The decision appealed from is Bhasin v. Hrynew, 2013 ABCA 98, in which the Alberta Court of Appeal held that the corporate defendant was not under a duty of good faith in exercising a right of non-renewal when the term of its evergreen contract with the plaintiff came to an end. The case will require the Supreme Court to consider when a duty of good faith should be implied in commercial contracts, … Continue Reading