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Posts from September 2012.

Based on a recent B.C. Court of Appeal decision, Greater Vancouver Water District v. North American Pipe & Steel Ltd., the answer is yes. This case serves as a clear direction to the construction community that the courts will hold contractors to the specifications and warranties they give about the services and products they intend to supply to purchasers. This is good news ...

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On September 21, 2012, the Supreme Court of Canada rendered its decision in Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society, 2012 SCC 45 in which it found that the Respondent society (the “Society”) and one individual have standing to pursue a constitutional challenge to the Criminal Code provisions dealing with ...

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Posted in Commercial

In a decision that will be of interest to developers and others whose interests may be affected by zoning decisions of local governments, the B.C. Court of Appeal recently reaffirmed the duty of fairness owed to interested parties when such decisions are made.  The Court also provided some guidance as to what is required of local governments in order to meet that duty.

At issue ...

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Posted in Commercial

In recent years it has become increasingly common for commercial contracts to include arbitration clauses requiring disputes that arise under the contract to be resolved through arbitration rather than by recourse to the court process.  Such clauses are also very prevalent in partnership agreements as they allow partners to resolve disputes in a relatively quick and ...

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Posted in Commercial

On September 7, 2012, the British Columbia Court of Appeal, sitting as the Yukon Court of Appeal, heard the appeal from the Yukon Supreme Court decision in Matre et al v. Crew Gold Corporation, 2011 YKSC 75.  The Court of Appeal’s eventual decision will address the question of whether beneficial, as opposed to registered, shareholders can exercise dissent rights under ...

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While the opportunity arises fairly regularly, it is not often that I take a moment to appreciate the publicly recognized merits of one of my colleagues.  I count myself among the lucky in finding the practice of law interesting and enjoyable though often challenging.  One of the reasons I am lucky is the people at my firm, lawyers and staff alike.  They are consistently a pleasure ...

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