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Posts from January 2014.

Some time ago, I wrote a blog post about a Court of Appeal decision that upheld, and arguably extended, the enforceability of liability waivers and releases signed by customers of commercial enterprises.  That particular case involved zip-lining, an activity the court described as an inherently risky recreational adventure.  While that decision served as confirmation ...

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On Thursday January 23, 2014 the Supreme Court of Canada (“SCC”) issued two related decisions that may ultimately go a long way to the possible extinction of the conventional civil trial.  In Hryniak v. Mauldin 2014 SCC 7 and the companion case of Bruno Appliance & Furniture Inc. v. Hryniak 2014 SCC 8, the SCC in unanimous 7 – 0 decisions, issued very strong statements ...

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Posted in Real Estate

It seemed like a good idea at the time. However, as time passes, things change and having a restrictive covenant on title to property can become a big problem. Restrictive covenants are charges registered on title to land that restrict the use and enjoyment of that land in some way.  They can prohibit activities on a property or confine the nature, size and location of ...

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Are submissions, evidence and statements made in a regulatory proceeding subject to the same protection of absolute privilege that applies in a court? Not always; it depends on the proceeding.

In Wilson v Williams, 2013 BCCA 471, the court held that absolute privilege did not apply to statements made in letters submitted by persons who had registered as interveners in a ...

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An executor, absent consent or a court order, must not make any distribution of estate assets to beneficiaries of a will for six months following the grant of probate. This is a statutory prohibition in section 12 of the Wills Variation Act (the “WVA”). There is a serious risk to executors who make early distribution.

This six month prohibition is intended to balance ...

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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.

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