NEWS & ARTICLES

LEGAL INSIGHTS & UPDATES

Legal insights and commentary from Baker Law Firm.

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Leave to Commence a Derivative Action in Alberta

In Alberta, a shareholder needs the court's permission before suing in a corporation's name. Young v Scheuerman denied leave where the applicant preferred a personal inheritance interest over the corporation's recovery and the claim faced limitations and business judgment rule defences.

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Entire Agreement Clauses in Canadian Contract Law

Two appellate decisions mark out the edges of the entire agreement clause. Houle enforced one against a rescission claim built on a pre-contract estimate; Project Freeway held one did not stop a court from using a superseded letter of intent to interpret the deal.

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When a Settlement Becomes Binding in Alberta

A settlement binds when the parties agree on its essential terms, even if the release and the rest of the paperwork remain unresolved. In Buterman, years of disputes over the settlement documents never undid the deal formed in an exchange of letters.

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When Order and Omission Make a News Report Defamatory

A television consumer segment defamed an Edmonton martial arts organization through inaccurate presentation. Important information was left out, and events were reported in a misleading order. One of the broadcast's three meanings carried liability, and every media defence failed on it. Baker Law Firm acted for the plaintiffs at trial.

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Why Ambiguous Contracts Get Read Against Their Drafters

When a contract is ambiguous and the ordinary tools of interpretation cannot resolve it, Canadian courts read it against the party who drafted it. A walk through the rules of construction, and the place of contra proferentem, via the Supreme Court's decisions in Sattva and Ledcor.

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How Judgment Interest Works in Alberta

In Alberta, a money judgment carries interest as of right. A guide to how pre-judgment and post-judgment interest work under the Judgment Interest Act, the two rates that apply, and when courts depart from them.

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