The Court of King's Bench of Alberta recently applied the long-standing principle that labour arbitrators have exclusive jurisdiction to adjudicate disputes arising under a collective agreement, even in the context of an...more
2/6/2023
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Arbitration Awards ,
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In Perez-Nana v Cargill Limited, 2022 ABQB 283, the Alberta Court of Queen's Bench considered a sequencing application. Guided by efficiency and fairness, the Court refused to hear the motion to strike the claim or portions...more
Instability and uncertainty were the two constants in 2020. The COVID-19 pandemic uprooted social norms and challenged businesses. The long range impact of that instability and uncertainty remains to be seen. For different...more
In the wake of COVID-19, which has strained already limited judicial resources, the Alberta Court of Appeal has issued a decision addressing the need for judicial economy and the avoidance of duplicative and overlapping...more
On July 17, 2020, the Government of Alberta opened applications for Period 3 of the Site Rehabilitation Program. As described in our previous blog post, subsequent update and discussion of Period 2 of the Program, the Program...more
On June 12, 2020, the Government of Saskatchewan announced amendments to The Mineral Tenure Registry Regulations in response to the state of emergency declared on March 18, 2020, due to the COVID-19 pandemic. On June 18,...more
On June 26, 2020, the Saskatchewan Ministry of Energy and Resources (the Ministry) released new details regarding its Accelerated Site Closure Program (ASCP). As noted in our earlier blog on the subject, the ASCP will...more
From the lingering shockwaves of the Redwater decision, to more recent developments involving COVID-19 and reduced global oil demand in the face of continuing egress and access-to-market constraints, the Western Canadian oil...more
The pace of new class actions in Canada remains comparatively slower than in the United States. This past week saw additional claims against elder care facilities for their response to the pandemic, and against insurance...more
NOTE: Further information on the Alberta Site Rehabilitation Program can be found on our blogs addressing the announcement of the Program and an update on Program operations following the first few weeks of the Program's...more
On May 22, 2020, the Saskatchewan Ministry of Energy and Resources announced the creation of its Accelerated Site Closure Program (ASCP). In line with the Alberta Site Rehabilitation Program and British Columbia's Dormant,...more
The class actions landscape remains active, particularly in the United States, as some businesses re-open and a semblance of some degree of normalcy returns to certain pockets of North America. In the last two weeks, we have...more
The number of COVID-19 related class proceeding and analogous claims continues to rise, with the number of actions in the United States approaching 300 and claims in Canada nearing 20. There are now claims on both sides of...more
The wave of COVID-related claims against long-term care facilities and insurers shows no signs of breaking anytime soon. The past week has also seen several novel claims launched against test manufacturers and governments....more
As the novel coronavirus pandemic stretches into May, plaintiffs' lawyers across North America continue to initiate COVID-19 related class actions. While the attention on practices surrounding the economy's shutdown...more
On April 24, 2020, the Government of Alberta announced the creation of the Site Rehabilitation Program (the Program) to be launched May 1, 2020. The Program is the vehicle by which Alberta will distribute up to $1 billion...more
While some provincial and state governments roll out their plans for phased re-openings of their economies, the COVID-class action landscape continues to evolve. This past week saw a torrent of class actions tackling...more
As businesses and consumers begin to assess the wide-ranging damage wrought by the global coronavirus pandemic, the pace of new COVID-related class action claims has begun to increase rapidly. Claims for unpaid refunds...more
The onset of the COVID-19 pandemic has thrown the global economy and social framework into turmoil. The impacts of the pandemic will inevitably be reflected in class actions, with new COVID-related class proceedings having...more