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  • Posts by Catherine Whitehead
    Associate

    Catherine is a member of the Research and Opinions Group. She has experience in conducting research and drafting legal opinions on a broad spectrum of topics, including insurance policy interpretation, tort law principles ...

In Atlantic Lottery Corp. v. Babstock, 2020 SCC 19 (Babstock), released July 24, 2020, the Supreme Court of Canada (SCC) unanimously confirmed that “waiver of tort” is not an independent cause of action for disgorgement. To make out a claim for disgorgement, a gain-based remedy, a claimant must first establish actionable misconduct. Further, according to the ...

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On September 1, 2020, a new Arbitration Act, S.B.C. 2020, c. 2, (the "New Act") will come into force in B.C., which will repeal and replace the current Arbitration Act, R.S.B.C. 1996, c. 55 (the “Current Act”).  The New Act will apply to arbitral proceedings commenced on or after the date it comes into force.

This is the first major overhaul since the Commercial ...

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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 ...

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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 ...

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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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