Main Menu

Most claims that have to be pursued by way of a court proceeding are subject to a limitation period, i.e., a time period within which the court proceeding must be commenced. Failing to commence the proceeding within the limitation period results in the claim being barred.

The basic limitation period under the Limitation Act, R.S.B.C. 1996, c. 13, is two years from the date the ...

Share

In 1974, B.C. passed what is now the Frustrated Contract Act (FCA), to resolve uncertainty left when a contract was deemed frustrated (where performance has become impossible or radically different due to supervening events). Since then, the FCA has received little judicial consideration. It has been called “badly drafted and haphazard”. Most practitioners are ...

Share

On March 3, 2020, the B.C. Legislature gave third reading to Bill 7 -- 2020, which will repeal and replace the current Arbitration Act, R.S.B.C. 1996, c. 55 (the “Current Act”) with a new Arbitration Act (the "New Act").

This is the first major overhaul since the Commercial Arbitration Act, S.B.C. 1986, c. 3 (the predecessor to the Current Act) replaced the Arbitration ...

Share

In a relatively recent decision, Pita Royale Inc. (Aroma taste of the Middle East) v Buckingham Properties Inc., 2019 ONCA 439, the Ontario Court of Appeal confirmed yet again that once a commercial landlord makes an ‘election’ to terminate a lease due to a specific default of a tenant, the landlord is not permitted to distrain or seize the tenant’s goods on the premises ...

Share
Posted in Public Law

The first Supreme Court of Canada interpretation of the Journalistic Sources Protection Act

A former member of government charged with corruption offences. A CBC journalist investigating. Her sources allegedly came from within a government anti-corruption unit. These facts culminated in the first Supreme Court of Canada (“SCC”) decision interpreting new ...

Share

Suppose a contractor or subcontractor is involved in a major renovation or expansion project such as work on a hospital, academic institution, or a large industrial or retail facility.  Due to unfortunate circumstances while construction is underway and ongoing, through a fire, a water leak or other catastrophic event, damage to the newly renovated property occurs as well ...

Share

Litigation is expensive, time consuming, stressful, and a distraction from your business. It should be avoided, if at all possible. If it is not possible to avoid litigation – you have been sued or absolutely need to sue – you should try to resolve the litigation as quickly as possible. The longer litigation goes on – and it can go on for a very long time – the more ...

Share

If a plaintiff located in Canada serves documents outside Canada but fails to first obtain an order for service ex juris, can the Court retroactively validate service?  

  

The circumstances are important. Consider a situation where:

  1. both parties have an agreement that the dispute to which the documents in question relate is to be heard in Canada (in Alberta) and governed by ...
Share

A recent Supreme Court of Canada case highlights the importance of procedural and substantive decisions where restitutionary damages are to be calculated on an aggregate basis. These issues are particularly acute in cases that seek to recover damages from a large scale fraud.

In Christine DeJong Medicine Professional Corp v. DBDC Spadina Ltd., 2019 SCC 30 ...

Share

Section 43 of the Alberta Arbitration Act is a statutory exception to functus officio

Historically, the doctrine of functus officio applied to hold that a decision maker could not reopen a hearing or amend an award that was final. This doctrine has, however, been relaxed over time in the judicial, administrative, and arbitration contexts. There are now a number of common law ...

Share

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.

Authors

Topics

Recent Posts

Archives

Blogs

Back to Page