Commercial Litigation Update

Wednesday, June 16, 2021

Big Litigation, the Expanded Duty of Good Faith, and Litigating During a Pandemic

Please join members of our Commercial Litigation group in this three-part webinar as they discuss two recent large-scale litigation cases, the expanded duty of good faith and litigating during a pandemic. We will update you on recent need-to-know developments in the law in large-scale commercial litigation in Alberta and the recently expanded contractual duty of good faith, and will put you on the cutting edge of developments in commercial litigation as a result of the pandemic.

12:00 p.m. MDT | Part 1: Big Litigation 

Litigating a Major Indemnity Claim: Key issues in NOV Enerflow ULC v Enerflow Industries Inc.

• Presenters: Michael Theroux and Laura Gill
• Mike and Laura will discuss the key legal issues arising in the $100-million indemnity claim addressed in NOV Enerflow ULC v Enerflow Industries Inc., 2020 ABQB 347, including the expiry of representations and warranties, addressing "sandbagging" by a purchaser and Material Adverse Effect (MAE) clauses.

Deceit: Its forms and consequences in commercial transactions.

• Presenters: Michael Mysak and Munaf Mohamed
• Michael and Munaf will discuss NEP Canada ULC v MEC Op LLC, 2021 ABQB 180, including how and why deceit occurred in the case, the specific mechanism by which the misrepresentations occurred, and the consequent significant damages.

12:40 p.m. MDT | Part 2: The Expanded Duty of Good Faith

Practicing Our Good Faith: The latest on the expanding duty of good faith in the exercise of contractual discretion following Wastech Services Ltd v Greater Vancouver Sewerage and Drainage District, 2021 SCC 7.

• Presenter: Ciara Mackey
• Ciara will discuss recent case law from the Supreme Court of Canada, which expands the duty of good faith in the exercise of contractual discretion.

1:00 p.m. MDT | Part 3: Litigating During a Pandemic

Developments in Commercial Litigation Procedures During a Pandemic: What's new, what's working, what's not?

• Presenter: Kelsey Meyer
• Kelsey will bring us up to speed on developments in commercial litigation over the course of the pandemic, including our views on what is working, what is not working, and what is likely to continue post-pandemic. 

If you would like to register, please contact the events team at eventinfo@bennettjones.com.