The Dangers of Denying Insurance Coverage and Playing Hardball
A recent Alberta Court of Queen’s Bench decision from the Honourable Justice Feasby in Barry v Industrial Alliance Insurance and Financial Services Inc (IAF), 2022 ABQB 265 (“Barry”), highlights the potential dangers associated with denying insurance coverage that was properly due and payable to the insured, then playing “hardball” during the litigation.
1976 Coal Policy and the Alberta Coal Policy Committee Report – Where do we go from here?
The much anticipated Coal Policy Committee Report was released today. The report is a review of the 1976 Coal Policy officially called ‘A Coal Development Policy for Alberta’. The most enduring aspect of the 1976 Coal Policy was the creation of four land categories in Alberta’s Eastern Slopes. Categories 1 and 2 restricted development and were considered in the 1976 policy to be the most sensitive lands in the Eastern Slopes; categories 3 and 4, meanwhile, were open to development. A map of the categories was attached to the 1976 Coal Policy.
How Long will it Last? Fixed Terms in Employment Contracts
Most employment contracts in Canada are pretty “open-ended”: they are unwritten, and it is not clear how long they are going to last. The absence of written terms and set termination dates can create uncertainty, but contracts with “fixed-term” end dates are not necessarily easier to interpret or manage.
Matthews v Ocean Nutrition Canada Ltd., 2020 SCC 26
The Supreme Court of Canada in Matthews v Ocean Nutrition Canada Ltd. (“Matthews”) was asked to determine a terminated employee’s entitlement to a significant bonus payment under a Long Term Incentive Plan (“LTIP”).
The Jury is Out: The Controversy About Jury Trials Under the Alberta Securities Act
By looking at two cases that went to the Supreme Court of Canada on the issue of jury rights in regulatory prosecutions, the author discusses the mechanics of securities law enforcement in Canada.
A D&O Refresher: Liability and Recovery in Troubled Times
By: Robert Stack. Originally published May 9, 2020.
Difficult economic times like we are facing now present huge challenges and risks for the people who run public companies.
Canadian Bar Association – Civil Litigation Sub-Section (South) – Case Law Update
By: Richard E. Harrison, Wilson Laycraft. November 28, 2017. Pellerin Savitz LLP v Guindon, 2017 SCC 29.
Producing Documents
If you are a party to a lawsuit, the day will come when your lawyer will tell you two simple-sounding words that feel awful in practice: Produce Documents.