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Theall Group LLP | Canada | 6 Oct 2020

No faulty workmanship in Alberta Court of Appeal's interpretation of common exclusion clause

The Alberta Court of Appeal recently addressed a recurring coverage issue: the conflict between the broad protection intended by an 'all perils' property insurance policy and an exclusion for the costs of making good faulty workmanship. Based in part on the general purpose of such insurance, the decision held that property damage directly caused by the faulty workmanship of a contractor was......
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Theall Group LLP | Canada | 22 Sep 2020

That's cold: insurer ordered to defend claims made against cold storage provider

The Alberta Court of Appeal has ordered an insurer to defend claims made against its insured's cold storage business, which was sued when its warehouse thawed and damaged its customer's food products. This case illustrates that it is important to always review a policy's specific words to determine what it covers rather than rely on received wisdom about what a policy typically covers.
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Fasken | Canada | 25 Mar 2020

COVID-19 and workplace government updates: cross-Canada review

Governments across Canada have recently made multiple announcements regarding the coronavirus (COVID-19) pandemic. To help make things easier for employers, this article summarises the announcements from all provinces that touch on workplace issues. Common issues concerning COVID-19 include self-isolation, sickness benefits and layoffs.
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Smart & Biggar | Canada | 6 Nov 2019

Court dismisses judicial review application of minister of health's interchangeability designation

The Court of Queen's Bench of Alberta recently dismissed Allergan's application for judicial review of the Alberta minister of health's decision to designate Allergan's glaucoma treatment product Lumigan RC 0.01% and Sandoz's generic bimatoprost ophthalmic solution Vistitan 0.03% as interchangeable. While the criteria for interchangeability decisions and resubmissions may differ, the......
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Dentons | Canada | 2 Jul 2019

Alberta judge dismisses case against police officers on grounds of reasonable force

A Court of Queen's Bench of Alberta judge recently dismissed a case against police officers and the chief of the Edmonton Police Service in its entirety, concluding that the use of force by the defendants did not exceed what was reasonably necessary for the plaintiff's arrest. The case is significant for the court's analysis of forward-looking infrared video evidence, treatment of a prior......
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Theall Group LLP | Canada | 25 Jun 2019

Coverage 'thrilla' in Manila – court finds underinsured endorsement provides worldwide coverage

A recent Alberta Court of Queen's Bench decision demonstrates that policyholders must carefully consider the interplay between an insurance policy and its endorsements. One consideration is the distinction between endorsements that provide standalone coverage and those intended only to modify an existing policy's terms. However, most important is the overarching principle that any limitations......
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Dentons | Canada | 18 Jun 2019

Section B benefits require compliance with independent medical examination protocol

Can an insurer deny all Section B benefits if an insured agrees to attend an independent medical examination on conditions that conflict with the examining medical practitioner's protocol? The Alberta Court of Queen's Bench recently considered this question and answered in the affirmative. While the decision was specific to Section B claims, the broader takeaway is equally instructive:......
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Dentons | Canada | 28 May 2019

Alberta Court of Appeal confirms directors are personally liable for injuries sustained at work

The Alberta Court of Appeal has revisited the question of directors' personal liability for injuries sustained in a workplace incident. The key question was whether a corporate representative was personally liable for damage resulting from their own tortious conduct while acting as a representative for the corporation. As the applicable tests for determining personal liability remain unclear,......
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Dentons | Canada | 18 Dec 2018

Court upholds owner's discretion to select contractor based on overall cost, schedule and experience

The Alberta Court of Appeal recently ruled on the tendering of a contract that will be of interest to owners and contractors alike. The court upheld an owner's right to rely on privilege and discretion clauses and a description of the relevant evaluation criteria in the tender documents, as well as its right to take a nuanced view of the costs to choose the contractor that it considered best......
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Borden Ladner Gervais LLP | Canada | 6 Dec 2018

Consolidation of arbitration proceedings without consent: cautionary tale

In a decision that is inconsistent with the weight of Canadian and international jurisprudence, the Court of Queen's Bench of Alberta recently ordered the consolidation of arbitration proceedings without the consent of all parties. For now, parties and practitioners should be aware that arbitrations seated in Alberta may be subject to consolidation without consent.
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