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Time for new tools to manage interprovincial commercial litigation

Wednesday, November 01, 2017 @ 9:02 AM | By Stephen Pitel and Vaughan Black

In Fernandes v. Wal-Mart Canada Corp. 2017 MBCA 96, the Manitoba Court of Appeal confronted a difficult decision. It had to choose between two options, neither of which was ideal. A third option, contained in a model statute, was not available because it has not been enacted in Manitoba. Yet arguably that option would have provided a more just result. Not only Manitoba but other provinces should consider whether that option should be made part of its law.

Myles Fernandes worked for Wal-Mart at one of...