Civil Litigation
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May 23, 2025
Court allows appeal to change convenient forum from B.C. to Alberta
The British Columbia Court of Appeal has allowed an appeal challenging the jurisdiction of B.C. in a case where the respondent engineering company’s principal brought an action in Alberta despite the company being successful on a forum selection application for B.C.
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May 23, 2025
B.C. judge rejects proposed class action over alleged mall privacy breaches by Cadillac Fairview
A proposed class action against Canadian mall owner Cadillac Fairview Corp. Ltd., alleging the covert collection of biometric data from visitors to its shopping centres, has been denied certification by the British Columbia Supreme Court.
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May 23, 2025
PUBLIC PENSION PLANS - Veterans’ pensions and allowances - Incapacity of applicant - Disability and survivors’ pensions
Appeal by appellant Attorney General of Canada from the order of the motion judge that certified the action as a class proceeding. The respondent, a veteran of the Canadian Armed Forces, suffered severe injuries from an improvised explosive device in Afghanistan in 2009.
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May 23, 2025
Selling legal services: Ads nauseum
The road not taken? Actually, I would not mind taking it if it had fewer lawyers’ billboard ads. To wit, while snowbirding in Florida recently, I could not escape the tsunami of lawyers’ ads inundating the highways.
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May 23, 2025
Importance of parental conduct: Court clarifies habitual residence in cross-border custody case
Canada is a multicultural country, made up of families who have connections and ties to other countries across the globe. It has become increasingly common to see parties relocating to another country after separation. While it is understandable that many individuals would want to continue to exercise their parenting rights in their new location, relocating children from one country to another is often a complex matter.
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May 23, 2025
Clicking beyond death: Who gets your digital life after you’re gone?
In Jamaica, where I’m from, there’s often a mix of amusement and uneasy reverence when people discuss what to do with a person’s “belongings” when their “number has been called”: dead leff. Now, here’s the modern twist: what happens when your dead leff isn’t just a house or jewellery, but an entire digital life?
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May 22, 2025
Court dismisses appeals regarding derivative action in case of insolvent company
The B.C. Court of Appeal has dismissed two appeals relating to the dissolving of a company importing goods from Asia, arising from a shareholder’s leave application to bring a derivative action.
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May 22, 2025
Federal Court grants standing to P.E.I. fishers, upholds ‘broad discretion’ of minister: lawyer
A fishing body in P.E.I. was recently granted standing by Canada’s Federal Court — but that victory was tempered by the court’s decision to not interfere with the federal government’s refusal to review the province’s catch limit for bluefin tuna.
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May 22, 2025
Alberta Court maintains financing statement registration for contingent claims citing ‘broad’ GSA
The Alberta Court of King’s Bench has held that contingent claims arising from ongoing litigation were sufficient to allow a creditor’s financing statement registration to be maintained under the Personal Property Security Act (PPSA), citing a broadly worded general security agreement (GSA).
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May 22, 2025
Common law’s residual role in setting aside international arbitral awards
In common law systems, statutory interpretation is never a purely textual exercise. Canada implements the UNCITRAL Model Law on International Commercial Arbitration (Model Law) through the International Commercial Arbitration Act, 2017 (ICAA). This article explores that tension in Canadian arbitration law, where parties have invoked residual common law principles to resist enforcement or set aside awards outside the grounds listed in Article 34 of the Model Law.