Administrative decision-makers, like judges, can get the facts wrong. When a tribunal’s enabling legislation restricts appeals to questions of law alone, are participants precluded from asking the courts to review errors of fact or mixed fact and law? In a recent decision, the Supreme Court of Canada confirmed in Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8 that a ...
The International Bar Association (the “IBA”) recently published an updated version of the Guidelines on Conflicts of Interest in International Arbitration (the “Guidelines”).
The 2024 updates to the Guidelines address an arbitrator’s relationship with experts and co-arbitrators, public statements related to cases, failure to disclose conflicts, a ...
On March 14, 2024, the B.C. government introduced for first reading Bill 12 – 2024, Public Health Accountability and Cost Recovery Act. Under this proposed legislation, the government has a direct and sweeping right of action to sue a person to recover the cost of health care benefits “caused or contributed to by a health-related wrong.” The Bill is intended to permit ...
When you sign a will, the will is intended after your death to govern the distribution of your estate in keeping with your wishes. A will is the direction to your executor about which people, organizations or causes you want to benefit.
Preparing a will is serious business. In British Columbia, if you do not have a will, your estate will be treated as an “intestacy” and its ...
In the recent decision of Wilyman v Cole, 2024 ABCA 41,[1] the Alberta Court of Appeal canvassed the law addressing the “Vexatious Application/Proceeding Show Cause Procedure” under Civil Practice Note 7 (CPN7), and reiterated that this procedure is available in exceptional cases to strike applications or proceedings without the need for an oral hearing.
After several years of pushback on the existing summary trial procedure, the Province of Alberta has amended the Alberta Rules of Court (the Rules) to create a new “streamlined trial” process effective January 1, 2024.
The amendment repeals the summary trial process under Division 3 of the Rules, removing the procedure in its entirety. In its place, newly-added Rules ...
The B.C. Court of Appeal recently revised the test for the dismissal of a civil claim for delay, known in legalese as “want of prosecution.” They did so by replacing the narrow requirement of proving prejudice caused by a delay with a broader inquiry into whether the continued prosecution of a long-standing claim is in the “interests of justice.”
In Giacomini ...
Builders’ lien claimants and owners alike should be aware of the recent decision of the Supreme Court of British Columbia in Pinnacle Living (Capstan Village) Lands Inc. v. Tarrier Group Inc.,[1] which considers two noteworthy issues in relation to cancelling or removing claims of liens from project lands under British Columbia’s Builders Lien Act (the ...
Like many British Columbians, I was surprised at the end of last month to read about a Chilliwack couple undertaking a Ghandi-inspired hunger strike against the Pickleball courts in their neighbourhood.[1] Could the racket sport really be so disruptive that residents felt the need to engage in a public protest? As it turns out, yes.
Pickleball is one of the fastest growing ...
The Senate is currently reviewing Bill C-29, An Act to provide for the establishment of a national council for reconciliation, which if passed will be a significant step in Canada’s effort to fulfill the Truth and Reconciliation Commission’s Calls to Action by creating Canada’s first Indigenous-led council for reconciliation.
Background
In 2015, after extensive ...
About Us
This blog is authored by members of the Litigation and Dispute Resolution Department. We follow new and interesting issues emerging in the legal and business communities. The wide range of experience among the members of our litigation group will provide a diverse and insightful examination of current legal trends and topics. Our goal is to provide a source of valuable information and insight on a wide variety of matters for our readers.
Legal Disclaimer: The information made available on this webpage is for information purposes only. It does not constitute legal advice, and should not be relied on as such. Please contact our firm if you need legal advice or have questions about the content of this webpage.