Commercial Litigation and Dispute Resolution Blog

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 ...

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 ...

On Thursday, May 17^th, 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 ...

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” ...

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 ...

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 ...

On November 13, 2015, I blogged about the Supreme Court of Canada granting leave to appeal in two related cases: Endean v. British Columbia, 2014 BCCA 61 and Parsons v. Ontario, 2015 ONCA 158.  These cases raised the issue of the scope of inter-jurisdictional coordination for national class actions in Canada by determining whether or not judges of provincial superior courts ...

On September 14, 2016, Mr. Justice Macleod of the Court of Queen’s Bench of Alberta gave oral reasons for judgment in Re Marquee Energy Ltd. and The Alberta Oilsands Inc. (unreported, Action No. 1601-11071, Judicial Centre of Calgary).  In doing so, he ordered that The Alberta Oilsands Inc.’s (“AOI”) shareholders be required to vote to approve that arrangement in ...

In companion cases released on June 3, 2016, the Supreme Court of Canada (the “SCC”) confirmed the central importance of solicitor-client privilege to the rule of law in Canada. In Canada (National Revenue) v. Thompson, 2016 SCC 21, and Canada (Attorney General) v. Chambre des notaires du Québec, 2016 SCC 20, the Court considered provisions of the Income Tax Act (the ...