3/12/2019 12:00:00 AM The Evolution Of The Test For Summary Judgment: Old Habits Die Hard By Nabeel Peermohamed Kristina Persaud Written by Nabeel Peermohamed and Kristina D. Persaud Abstract/Introduction In this article we explore the evolution of the test for...
2/7/2019 12:00:00 AM Test for Summary Judgment in Alberta Confirmed By Nabeel Peermohamed The ABCA in a five-justice panel has confirmed the test for summary judgment in Weir-Jones Technical Services Incorporated v Purolator...
2/5/2019 12:00:00 AM When Do Waivers Work? By Nabeel Peermohamed Occupiers often rely on waivers signed by their patrons to escape legal liability. For example, in order to mitigate the risk of any...
10/18/2018 3:22:34 PM Re-Serve Your Formal Offer If You Want Double Costs By Nabeel Peermohamed In Rockyview Enterprises v Starline Windows, et al, (1601-03526) Justice Romaine dismissed the Plaintiff's appeal of Master Farrington's...
6/6/2018 10:08:50 PM SUMMARY JUDGMENT: A TALE OF TWO TESTS By Nabeel Peermohamed A panel from the Alberta Court of Appeal recently issued their split decision in Whissell Contracting Ltd. v. Calgary (City), 2018 ABCA...
5/8/2018 12:00:00 AM ALBERTA JUDGE USES MGA DEFENCES TO DISMISS APPEAL By Nabeel Peermohamed In Kowalchuk v. Blanchard, et al., (unreported), the Alberta Court of Queen’s Bench recently applied the statutory defences under the...
5/1/2018 9:56:15 PM ABCA SAYS NO LIABILITY FOR OWNER OF VEHICLE IN WCB CLAIM By Nabeel Peermohamed In a recent decision, McIver v. McIntyre, 2018 ABCA 151, the Alberta Court of Appeal upheld the trial judge’s decision which said there...
4/17/2018 3:44:43 PM SUMMARY DISMISSAL GRANTED: SAND APPLIED MOMENTS BEFORE SLIP AND FALL ON SNOW By Nabeel Peermohamed In an unreported decision, Hannam et al v. Medicine Hat School Division No. 76, Master Robertson dismissed a claim from the bench after...
4/5/2018 9:45:19 PM ALBERTA COURT OF APPEALCONFIRMS BURDEN OF PROOF FOR SUMMARY JUDGMENT ANDTEST FOR OCCUPIERS' LIABILITY By Nabeel Peermohamed In Stefanyk v. Sobeys, 2018 ABCA 125, the Alberta Court of Appeal recently confirmed the standard of proof for summary judgment...
3/20/2018 7:34:25 PM Summary Dismissal Unsuccessful When Respondent Had Expert Evidence By Nabeel Peermohamed In Bundschuh v. MacDonald Development Corporation, 2018 ABQB 188, Master Mason dismissed a summary dismissal application brought by one...
1/17/2018 12:00:00 AM "The tide itself was the vandal" By Brownlee Law This article is a good reminder that a little communication can diffuse even the most heated disputes. The East Coast has been battered...
1/9/2018 12:00:00 AM Vacancy = no obligation to indemnify By Brownlee Law The Alberta Court of Queen's Bench considered whether an Insurer was obligated to indemnify an Insured following a fire at a residential...