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 ...

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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.

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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 ...

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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 ...

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Posted in Construction

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 ...

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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 ...

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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 ...

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The use of Reverse Vesting Orders (“RVOs”) has become a common occurrence in Canadian insolvency proceedings in recent years. However, in PaySlate Inc. (Re)[i] the Supreme Court of British Columbia initially declined to grant an RVO and instead offered guidance on when this extraordinary remedy is appropriate.

Key Takeaways

  • RVOs are not the “norm;” they cannot ...
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A recent decision has expanded the scope of cost-recovery actions for contaminated sites under the Environmental Management Act, SBC 2003, c.3 (the EMA). The decision confirms that unpaid contractors who have provided remediation services can bring claims against former owners, operators, or other responsible persons (and not just the person who hired them to perform ...

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What do a “thumbs up” emoji and an email signature have in common? Both might have you wishing you never pressed send.

Last month, in a decision that has made international news, the Saskatchewan Court of King’s Bench gave a thumbs up to entering into contracts with a “thumbs up” emoji. In South West Terminal Ltd. v Achter Land, 2023 SKKB 116, the court held that ...

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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. 

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