Mar 12, 2019 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...
Feb 07, 2019 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...
Feb 05, 2019 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...
Oct 18, 2018 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...
Jun 06, 2018 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...
May 08, 2018 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...
May 01, 2018 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...
Apr 17, 2018 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...
Apr 05, 2018 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...
Mar 20, 2018 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...
Jan 17, 2018 "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...
Jan 09, 2018 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...