Big win for Independent Contractors
Alberta Court of Justice denies attempt to enforce a non-compete.
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John McDonald
Nov 191 min read
OPCA Litigants fight back against fraudsters
OPCA Gurus con debtors into bringing actions against creditors to their own detriment.
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John McDonald
Sep 251 min read
Always read your contracts, otherwise unenforceable clauses, may in fact be enforceable.
I was honoured to assist a colleague in the matter or Ural Link Ltd, doing business as 2m7 Financial Solutions v Simply Delivery and...
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John McDonald
May 12 min read
Landlord's beware of Notices and timelines
In a recent decision of the RTDRS, and frankly a topic that comes up on social media frequently is how much notice is a landlord required...
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John McDonald
Mar 221 min read
Yes there is a cap on rent Increases in Alberta, kind of.
Following a recent decision in the Alberta Court of Justice, and another at at RTDRS it appears that the longstanding thought that the...
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John McDonald
Mar 121 min read
Saskatchewan now has the Second Highest Small Claims Limit in Canada (and maybe the world)
So we know that on April 1, 2024, the Small Claim's monetary limit in SK increases to $50,000.00 that means that more claims will be...
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John McDonald
Feb 271 min read
BC Supreme Court Awards Costs to be paid personally by Lawyer after finding caselaw sourced from AI to be fictitious
So as should be obvious costs awarded personally against a lawyer are very rare, and for good reason. They are usually reserved for when...
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John McDonald
Jan 241 min read
Federal Court declares invocation of Emergencies Act unreasonable and violated the Canadian Charter of Rights and Freedoms.
In a decision reported as 2024 FC 42 Canadian Frontline Nurses v Canada. A Federal court Judge decide that it was unreasonable for the...
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John McDonald
Oct 20, 20231 min read
Landlords and Tenants: Beware what you claim, the RTDRS might not be able to hear it.
I will preface this post by saying this. The substantive matters of the claim, and in response, the cross-application, are still before...
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John McDonald
Oct 18, 20231 min read
John McDonald elected to the Alberta Association of Professional Paralegals Board of Directors
On October 18, 2023, at the Annual General Meeting of the Alberta Association of Professional Paralegals our President, John McDonald,...
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John McDonald
Oct 11, 20231 min read
Winning Wednesday - The Perils of not following the Residential Tenancies Act
So today's hearing was a combination of claims, a landlord's claim for damages in excess of $10,000.00 and a Tenants counterclaim for...
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John McDonald
Oct 11, 20232 min read
Look out Landlords, looks like 2024 will bring interest calculations back to security deposits.
What many of us forget, because there has been no interest payable on security deposits since 2009, is that there is actually a...
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John McDonald
Aug 28, 20231 min read
Yes you have to pay your sex-worker Sheehan v Samuelson 2023 NSSM 27
So like the headline reads this very matter was considered by the Nova Scotia Small Claims Court where the Adjudicator found that yes,...
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John McDonald
Aug 23, 20232 min read
Tenants - Don't pay late fees
Late fees have been treated by the Court of Justice, and the Residential Tenancies Dispute Resolution Service as punitive, and as a...
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John McDonald
Aug 7, 20231 min read
Update to RTDRS Claim Limits
So here's a follow up to last months post pondering whether the RTDRS Limit would increase along with the Court of Justice, and low and...
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John McDonald
Jul 12, 20231 min read
Will the RTDRS see enhanced fiscal Jurisdiction?
the short answer is who knows. the TDO's have the ability to grant any remedy available to a Judge of the Court of Justice made under...
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John McDonald
Jul 10, 20231 min read
Who needs a signature when an emoji will do says Saskatchewan Court of King's Bench
In a recent decision of the Saskatchewan Court of King's Bench a contract dispute involving a "thumbs up" emjoi as a form of acceptance...
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John McDonald
Jun 14, 20231 min read
The perils of self representation
So sometimes I do work for other firms and this is one such occasion. On this chambers day I brought an application on behalf of my...
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John McDonald
May 25, 20231 min read
Tenants beware, withholding rent can be very costly
In an RTDRS Action today the tenant, who had secured and abatement judgment against the landlord tried to excuse the non payment of...
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John McDonald
Apr 23, 20231 min read
Recent decision of the Saskatchewan Court of King's Bench reinforces double checking your work
In a recent decision the Honourable Justice Clackson of the Saskatchewan Court of King's Bench undid an easement asserted by Canadian...
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