Civil Litigation
-
April 23, 2025
Alberta court rules gross overriding royalty in farmout agreement is interest in land
The Alberta Court of King’s Bench has held that a gross overriding royalty (GORR) granted in an oil and gas farmout agreement constituted an interest in land, emphasizing that the economic structure of the transaction demonstrated the parties’ intent for the royalty to run with the lease.
-
April 23, 2025
The evolution of vicarious liability in sexual abuse cases: Application in recent cases
There have been several decisions in the past five years when Canadian courts have considered vicarious liability in the context of sexual misconduct. For the second instalment of our two-part series, we delve into the application of vicarious liability in recent Canadian judicial decisions in the context of sexual misconduct.
-
April 23, 2025
Call rights in shareholders’ agreements: Navigating the anti-deprivation rule
The shareholders’ agreement governs the relationship among a corporation’s shareholders. It often establishes the rules governing the exit of a shareholder — for instance, by way of call right provisions upon the occurrence of certain triggering events.
-
April 22, 2025
OSC report: Over a third of retail investors have acted on ‘finfluencer’ investment advice
Financial influencers on social media are shaping the investment decisions of retail investors, with a recent Ontario Securities Commission survey finding that 35 per cent of retail investors have acted on advice from a “finfluencer.”
-
April 22, 2025
B.C. court dismisses proposed wrongful dismissal class action over lack of common employer
The British Columbia Supreme Court has dismissed a class action certification finding that the plaintiff could not establish that the employer was common among the class members.
-
April 22, 2025
B.C. Court of Appeal finds trial judge miscalculated loss of income damages in personal injury case
The B.C. Court of Appeal has increased a damages award for earnings losses in a personal injury case, finding that the trial judge erred by using a capital asset approach to assess the plaintiff’s loss of past and future earning capacity.
-
April 22, 2025
The evolution of vicarious liability in sexual abuse cases
In Canada, the legal doctrine of vicarious liability can be used to hold organizations liable for the wrongful conduct of their employees, agents and volunteers. The doctrine has been held to apply to sexual misconduct in the context of school boards, religious institutions and volunteer organizations, and in various circumstances, including where it occurred outside the organization’s premises.
-
April 22, 2025
Court considers several common, but complex, financial issues in a two-day hearing
In MacDonald v. MacDonald, 2025 ABKB 72, Justice Michael Lema considered several important issues that often present themselves in family law cases.
-
April 22, 2025
Lauren Mills Taylor joins BD&P’s litigation group
BD&P has announced the addition of Lauren Mills Taylor to its litigation group as an associate.
-
April 22, 2025
Jennifer Shayko new partner at Aird & Berlis
Aird & Berlis has added a new partner: Jennifer Shayko