Reasons for Award Required

The Court of Appeal of Alberta upheld a Queen’s Bench justice’s finding that a labour arbitration must be set aside for having given inadequate reasons: United Food and Commercial Workers, Local 401 v. XL Foods Inc. (Calgary Beef Plant), 2016 ABCA 31. The issue before the arbitrator was about notice of termination of employment and the […]

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Rules of Court Amended

The Alberta Rules of Court were amended August 21, 2015 by AR 128/2015. Rule 4.19 adds a third document that may result from a JDR: “a transcript of proceedings made in open court at the time of the judicial dispute resolution process which records the outcome of [that] process.” New rule 4.20(4) provides for the use […]

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New Contract Law from Supreme Court

The Supreme Court today declared that it is …appropriate to recognize a new common law duty that applies to all contracts as a manifestation of the general organizing principle of good faith: a duty of honest performance, which requires the parties to be honest with each other in relation to the performance of their contractual […]

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A Win and a Loss for Arbitration

The Supreme Court of Canada restored an arbitration award after the parties made two trips to the BC Supreme Court and the BC Court of Appeal in Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 in a $4.1M  finder’s fee dispute. Appeals from commercial arbitration decisions are limited to questions of law and, absent party […]

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Domestic v International Arbitrations; No Jurisdiction to Extend Time Limit

In R & G Draper Farms (Keswick) Ltd. v. 1758691 Ontario Inc. the Ontario Court of Appeal holds that an Ontario arbitration about carrots between two Ontario companies is governed by the Arbitration Act, not the International Commercial Arbitration Act (ICAA) and that the court cannot extend the 30 day time limit within which a party […]

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Settlement Privilege is Affirmed & Protected

The Alberta Court of Appeal in Bellatrix Exploration Ltd. v. Penn West Petroleum Ltd., 2013 ABCA 10 confirmed the importance of settlement privilege as one of the three classes of privilege (the others being solicitor-client privilege and litigation privilege). The public policy rationale for the rule is that “parties should be permitted to freely ‘put all their […]

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ALRI Affirms Principle of Party Control in Arbitration Act

The Alberta Law Reform Institute Final Report 103 “Arbitration Act” Stay and Appeal Issues” first recommendation is that reform of the Alberta Arbitration Act should respect the fundamental principle of party control as much as possible. The Report notes that the principle is a two-edged sword: “Arbitrating parties should not insist on party control when […]

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