• Posts by Kinji C. Bourchier

    Kinji has a general commercial and business litigation practice with a diverse mixture of practice areas and a broad range of experience. Kinji’s primary practice areas include complex commercial and civil litigation with a ...

The British Columbia Court of Appeal has overturned previous decisions on the recoverability of legal costs associated with remediation under the Environmental Management Act (“EMA”). The decision is likely to have important ramifications on contaminated sites actions and on the role of lawyers in remediation in the future.

The EMA governs remediation (clean up ...


After the initial phase of suspension of non-urgent hearings due to the COVID-19 pandemic, courts in British Columbia have started to move towards alternative ways to resume the operation of the justice system. With the increasing prevalence of remote communication options, courts have developed procedures to conduct hearings remotely using video or ...


Earlier this month, the B.C. Court of Appeal rendered its decision in West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110 – a case which considered whether insurers can rely on certain exclusion clauses to deny or preclude coverage for environmental contamination and pollution claims.

The two insured entities, West Van Holdings Ltd. and West Van ...

Posted in Environmental

An appeal due to come before the Environmental Appeal Board (the “Board”) may address questions about the intersection between the provincial Ministry of Environment (the “Ministry”) and municipalities relating to the standards to be applied to remediation of contaminated land.

In October 2016, the City of Burnaby is appealing the Ministry’s decision to ...


High profile professional cases of on-field misconduct (think Bertuzzi, McSorley, etc.) have generated considerable headlines in the past, but what about when you or me laces em’ up and goes out on the weekend to play beer league sports?

What are the legal lines we encounter between legitimate and in the heat of the moment physical contact (a body check or slide tackle) and ...

Posted in Civil Procedure

Authors: Kinji Bourchier and Amy Nathanson.

In the recent Ontario Superior Court case of Moore v. Getahun, 2014 ONSC 237 (“Moore”) the Court answered yes to this question and took a very restrictive approach to communications between counsel and experts.  Almost all civil litigators across the spectrum of cases deal with experts. Experts can play a ...

Posted in Fraud

On July 23rd, ex-Fifa presidential candidate, Mohammad Bin Hammam (“MBH”) was banned from football related activity for life.  He is the most senior official to be banned by Fifa in its 107 year history.  For the uninitiated, Fifa is the governing global body for the sport of soccer.  A brief factoid:  Fifa has more members (208) than the International Olympic Committee; is ...

Tags: Fraud, Sports
Posted in Defamation

This is the second installment of my blog updates. The first was on the legal wranglings of the sale of Liverpool F.C. This is on Twitter and pro athletes.

In the wake of Liverpool striker Ryan Babel tweeting on a referee and being charged and fined by his league for "improper conduct" enter England and the West Ham strike of Carlton Cole's tweets on the friendly game between ...

Posted in Commercial

A few months ago I posted on the legal intrigues surrounding the sale of Liverpool F.C.

I received a bunch of positive feedback and a significant amount interest on that topic. As you may recall, I also promised to update readers on the progress of the Hicks and Gillett lawsuit in the U.S. So, with that segue, here's what has happened…..

When we last left our tale, Hicks and ...

Posted in Defamation

A few months ago on this blog, my colleague Marko Vesely posted an excellent piece on “Defamation and Libel Meets Twitter”.  For those of you who just want the “take-home”, the ultimate message remains the same - with every Facebook update, blog post or “tweet”, in the eyes of the law you are “publishing” and that makes defamation and libel applicable to you!  ...


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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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