Main Menu

Here’s a familiar scenario:  A service provider that has been invoicing its client for several years at some point discovers that it has been calculating its services incorrectly and has missed billing for an item. The mistake goes back a number of years. The service provider then sends a “corrective invoice” containing the previously missed charges to the client ...

Share
Posted in Copyright, Media

In Rogers Communications Inc. v. Voltage Pictures, LLC (2018 SCC 38), a unanimous Supreme Court of Canada recently held that Rogers Communications Inc., an Internet service provider (“ISP”), was entitled to recover reasonable costs of complying with a Norwich order from Voltage Pictures LLC, the copyright owner. The Court remitted the matter to the motion court to ...

Share

The June 20, 2018 Court of Queen’s Bench of Alberta decision in Dow Chemical Canada ULC v. NOVA Chemicals Corporation, 2018 ABQB 482, caused headlines as a result of the more than $1.3 billion damages award.  The decision should also cause some reflection to operators on their duties to facility co-owners, even where the operating agreement excludes a fiduciary duty. 

Dow ...

Share

A relatively recent decision from the BC Court of Appeal will shield defendants from potential exposure to special costs orders, even if they end up losing the litigation.  The decision creates an uneven playing field, where in certain types of litigation, successful defendants will recover special costs but successful plaintiffs will not.  Plaintiffs’ counsel will ...

Share

Can a public owner contract out of any liability for a failure to follow its own directives, policies and, indeed, its own terms and conditions of a procurement process, including a duty of fairness? Although that issue was largely resolved in the Supreme Court of Canada case of Tercon Contractors Ltd. v. British Columbia (Transportation and Highways), 2010 SCC 4, a ...

Share

The B.C. Court of Appeal recently weighed in, for the first time, on the interpretation and application of the strata wind-up provisions in Part 16 of the Strata Property Act, (the “Act).  This is the first appellate decision to consider this aspect of the Act.  It is an important decision because the court confirmed the validity of the practice and procedures for strata ...

Share
Posted in Commercial

On Thursday, May 17th, 2018, the International Commercial Arbitration Amendment Act received Royal Assent. The Act significantly modernizes British Columbia’s international arbitration legislation, the International Commercial Arbitration Act (“ICAA”), bringing the province in line with current international practices in the discipline. The most ...

Share
Posted in Defamation

The B.C. Supreme Court recently dismissed the plaintiffs’ claims in Northwest Organics, Limited Partnership v Roest, 2018 BCSC 866, a defamation action relating to a commercial composting facility. The claim arose after years of conflict between residents of a rural community who opposed construction of the facility and the facility’s owners. The residents had ...

Share
Posted in Contracts

Almost a year ago (May 26, 2017), the Alberta Court of Appeal released its 2:1 decision in IFP Technologies (Canada) Inc. v. EnCana Midstream and Marketing (IFP Technologies), 2017 ABCA 157. The decision was of particular significance with respect to the meaning of "working interest" in the oil and gas industry, when consent to a disposition could be reasonably withheld ...

Share

The British Columbia Court of Appeal recently released its decision in Hunt v. The Owners, Strata Plan LMS 25556, 2018 BCCA 159, reaffirming the longstanding maxim that “justice must not only be done, it must be seen to be done.” 

The Hunt decision arises out of arbitration over concerns about the installation of a heating, ventilation and air conditioning unit between ...

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