Ciara J. Mackey
Bennett Jones LLP
Articles
What's Done is Done: Alberta Court of Appeal Declines to Unwind Arrangement Transaction Despite Errors in Approval Process
Canada - February 1 2023 Despite finding a clear error resulting in warrant holders being deprived of meeting and voting rights under a court-approved plan of arrangement…
Double Vision: Alberta Court of Appeal Confirms Double Costs Follow Formal Offer in Interlocutory Appeal
Canada - November 28 2022 Awarding double costs on appeals following a formal offer to settle encourages parties to resolve claims quickly among themselves and at the least…
The Supreme Court of Canada Rules on Intersection of Insolvency and Arbitration Law
Canada - November 10 2022 On November 10, 2022, the Supreme Court of Canada (SCC) issued its much-anticipated decision in Peace River Hydro Partners v Petrowest Corp, 2022 SCC…
Entire Agreement Clause and Due Diligence Cannot Oust Fraudulent Misrepresentation
Canada - November 8 2022 The defence of misrepresentation is still alive in circumstances involving entire agreement clauses and opportunities for due diligence, the Ontario…
Drawing Plausible Inferences on Limitation Period Questions: The SCC Articulates the Test for Discoverability
Canada - August 11 2021 A claim is "discovered" (and therefore the statutory limitation period ordinarily begins to run) when a plaintiff has actual or constructive…
