• Posts by Craig A.B. Ferris, KC, FCIArb.
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    Craig is one of British Columbia’s most accomplished litigation lawyers and acts for clients in commercial and business disputes. His particular areas of focus include shareholder remedies, trust, pension and fiduciary ...

On March 14, 2024, the B.C. government introduced for first reading Bill 12 – 2024, Public Health Accountability and Cost Recovery Act. Under this proposed legislation, the government has a direct and sweeping right of action to sue a person to recover the cost of health care benefits “caused or contributed to by a health-related wrong.” The Bill is intended to permit ...

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Vancouver International Arbitration Centre’s (“VanIAC”) new International Commercial Arbitration Rules of Procedure (the “New Rules”) came into effect on July 1, 2022. In this post, we summarise what you need to know about the New Rules.

The New Rules are a significant update to the previous version of the international arbitration rules, which were last ...

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On Monday, June 13, 2022, the Supreme Court of the United States ruled on whether 28 U.S. Code § 1782(a) (“s. 1782”) permits US district courts to order discovery in aid of foreign private arbitration proceedings.

In ZF Automotive US, Inc., Et al. v Luxshare Ltd. (“ZF Automotive”), the court decided that s. 1782 does not allow US district courts to order discovery for ...

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In late September 2021, a judge of the British Columbia Supreme Court in chambers refused the application of Teal Cedar Products Ltd. (“Teal”) to extend the interlocutory injunction to protect its ongoing logging operations in the Fairy Creek watershed on Vancouver Island from unlawful interference by protesters.[1] Media coverage about the protests over old ...

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Earlier this year, we wrote about how questions about the applicable standard of review of arbitral awards had been re-opened by two decisions of the Supreme Court of Canada (“SCC”), Canada (Minister of Citizenship and Immigration) v. Vavilov[1] (“Vavilov”) and Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District[2] (“Wastech”).

On ...

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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 ...

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On April 24, 2018, the BC government introduced Bill 21 to amend the Class Proceeding Act (“CPA”). The amendments will change BC from an “opt in” jurisdiction for non-residents to an “opt out” jurisdiction. There were a number of consequential amendments to the CPA that address the issues that will now arise from certification of “multi-jurisdictional” ...

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Privilege in Canada has, over the last 20 years, been raised by the Canadian courts to quasi-constitutional status. As recently as 2016, the Supreme Court of Canada reaffirmed both the paramountcy of solicitor client privilege and litigation privilege. Given this context, it was surprising that, in 2016, the Federal Court questioned the existence of common interest ...
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Posted in Civil Procedure

On June 22, 2017, the Supreme Court of Canada (the "SCC") delivered its decision in Teal Cedar Products Ltd. v. British Columbia, 2017 SCC 32 [“Teal Cedar”]. The decision affirms the SCC's prior ruling that narrowly construes the types of issues which are questions of law for the purpose of an appeal to a court from an arbitration ruling in British Columbia, and mandates a ...

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Posted in Commercial

On September 27, 2016, I blogged about the decision of the Alberta Court of Queen’s Bench blocking approval of an arrangement in Re Marquee Energy Ltd,. and the Alberta Oilsands Inc. In that decision, the Court held that Alberta Oilsands shareholders must be allowed a shareholders vote even though the only company being “arranged” was Marquee Energy Ltd. The appeal of ...

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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.

Legal Disclaimer: The information made available on this webpage is for information purposes only. It does not constitute legal advice, and should not be relied on as such. Please contact our firm if you need legal advice or have questions about the content of this webpage. 

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