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Articles by Mark Risebrough
Not All That Glitters Is Gold: Lease vs. Subdivision
In the application of Alberta's Torrens-style Land Titles Act, RSA 2000, c. L-4 (LTA), a persistent uncertainty lingers amongst clients and real estate lawyers alike: when does a lease of part of a land parcel become an invalid subdivision of the land parcel? A valid lease may be successfully registered. An invalid subdivision may not. Successful registration is at stake. Successful registration is often the end-all, be-all in Torrens-style systems.
Not all that Glitters is Gold: Lease vs. Subdivision
In the application of Alberta’s Torrens-style Land Titles Act, RSA 2000, c. L-4 (LTA), a persistent uncertainty lingers amongst clients and real estate lawyers alike: when does a lease of part of a land parcel become an invalid subdivision of the land parcel? A valid lease may be successfully registered. An invalid subdivision may not. Successful registration is at stake. Successful registration is often the end-all, be-all in Torrens-style systems.
ONCA Confirms UNCITRAL Jurisdictional Set-Aside Applications Are De Novo Hearings But Cautions Parties Against Seeking
The ruling of the Ontario Court of Appeal ("ONCA") in The Russia Federation v Luxtona Limited ("Luxtona")1 contains a number of important takeaways, chief among them being that parties to a judicial challenge of an arbitral tribunal's ("Tribunal") award on jurisdiction under Article 16 and jurisdictional challenges under Article 34 of the UNCITRAL Model Law on International Commercial Arbitration ("Model Law")2 are entitled as of right to submit new evidence because the application is a de...
ONCA Confirms UNCITRAL Jurisdictional Set-Aside Applications Are De Novo Hearings But Cautions Parties Against Seeking “Two Evidential Bites of the Cherry”
The ruling of the Ontario Court of Appeal (“ONCA”) in The Russia Federation v Luxtona Limited (“Luxtona”)[1] contains a number of important takeaways, chief among them being that parties to a judicial challenge of an arbitral tribunal’s (“Tribunal”) award on jurisdiction under Article 16 and jurisdictional challenges under Article 34 of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”)[2] are entitled as of right to submit new evidence because the application is a...
Can An Advance Notice Bylaw Prevent Beneficial Shareholders From Giving Advance Notice?
Can an advance notice bylaw require that valid notice be provided by a registered shareholder only? How strictly must a notice comply with the form of notice prescribed in the advance notice bylaw? Can a shareholder rely on equities to override the terms of such a bylaw? These specific questions have not been considered in Canada yet, but were recently decided by the Delaware Chancery Court.
Exceptional Circumstances: Court Of Appeal For British Columbia Finds New Exception To Reasonableness Review
To print this article, all you need is to be registered or login on Mondaq.com. O.K. Industries Ltd. v. District of Highlands ("Highlands")1 marks the first time2 a court applied the correctness standard of review to a question falling outside the categorical exceptions established by the Supreme Court of Canada ("SCC") in Canada (Minister of Citizenship and Immigration) v.
Pulling Teeth And Strong Words: The Law Of Defamation In Alberta
To print this article, all you need is to be registered or login on Mondaq.com. Where do the boundaries of defamation lie in Alberta? The Alberta Court of Appeal ("ABCA") recently discussed the tort of defamation and the defenses thereto in Huff v Zuk, 2021 ABCA 60, and found that Dr. Zuk had indeed defamed Dr. Huff and could not avail himself of any of the applicable defenses.
Peace, Order, And Greenhouse Gasses: Canada's Top Court Affirms Federal GHG Pricing
Canada: Peace, Order, And Greenhouse Gasses: Canada's Top Court Affirms Federal GHG Pricing 30 March 2021 by Canadian Appeals Monitor , Mark Risebrough , Charlotte-Anne Malischewski , Kyle McMillan and Nicole Fitz-Simon McCarthy Tétrault LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Old Wine Into New Bottles: A Brief History And Current State Of The Law On Penalty Clauses
To print this article, all you need is to be registered or login on Mondaq.com. Introduction Parties to a contract may, at the time of contracting, turn their minds to the appropriate remedy in the event of breach, and specify that remedy in their contract through a stipulated-consequence-on-breach clause ("S-C Clause"). Historically, where the S-C Clause provided for a specific quantum of damages upon the occurrence of a breach, courts were reluctant to enforce the parties' intentions.
Whose Law Is It Anyway? UK Supreme Court Clarifies Choice Of Law Test For Arbitration Clauses In International Contracts
To print this article, all you need is to be registered or login on Mondaq.com. Which system of national law governs the validity and scope of an arbitration clause when the law applicable to the contract containing it differs from the law of the seat of the arbitration?
COVID-19 Update: Alberta Employer's Re-launching And Re-opening Protocol: Posting Of Related Plans No Longer Required
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
COVID-19 Update: Alberta Workplaces Must Develop And Implement COVID-19 Plans And Post Within 7 Days Of Re-Opening
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Html.Raw(Divided No Longer: Admissibility Of New Evidence On Appeals From UNCITRAL Arbitrations Determined According To Domestic Law - Litigation, Mediation & Arbitration - Canada)
To print this article, all you need is to be registered or login on Mondaq.com. Justice Penny's ruling in The Russia Federation v Luxtona Limited, 2019 ONSC 7558 provides guidance on two elements of international arbitration practice. First, parties challenging an arbitral tribunal's award on jurisdiction under Articles 16 and 34 of the UNCITRAL Model Law on International Commercial Arbitration (the "Model Law") cannot, as of right, file new evidence for the review.
COVID-19 Update: Rent Payment And Commercial Lease Enforcement During The Pandemic
To print this article, all you need is to be registered or login on Mondaq.com. The cornerstone of the global response to COVID-19 is social distancing. The effect of social distancing is perhaps nowhere more evident than in the halls of industry. Business, in all its forms, has or is in the process of being shuttered, and economic activity has largely ground to a jarring halt.
ONSC Sets Stage For Ruling On Admissibility Of New Expert Evidence On Appeals From UNCITRAL Arbitrations
To print this article, all you need is to be registered or login on Mondaq.com. While useful in its affirmation that an expert's repeated use by affiliated parties and the expert's ascension to becoming the "go to guy" is not necessarily "bought and paid for advocacy",1 the primary import of The Russian Federation v Luxtona Limited, 2019 ONSC 4503 ("Luxtona 2019") is the Superior Court of Ontario's ("ONSC") split ruling on the admissibility of new expert evidence on an appeal from an arbitration.
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