Commercial Litigation and Dispute Resolution Blog

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 ...

Once again the courts have confirmed that commercial tenants must pay their rent, despite arguments about the effect of COVID-19.

In a recent decision, Cherry Lane Shopping Centre Holdings Ltd v. Hudson’s Bay Company ULC, 2021 BCSC 1178, the Supreme Court of British Columbia found that the provisions of the lease requiring Hudson’s Bay to pay rent were “clear ...

Can commercial tenants suffering the effects of the pandemic on their business unilaterally stop paying rent?

In a recently reported decision of the B.C. Supreme Court, Hudson’s Bay Company ULC v. Pensionfund Investment Ltd., 2020 BCSC 1959, the court attempted to balance the competing and urgent interests of commercial landlords and tenants during the current ...

Could Pablo Escobar sue for breach of contract? Can a Tony Soprano get an agreement enforced by court order? You might think that in a commercial lawsuit, if a party admits having intended to break the law, their case is over. However, the reality is much more nuanced.

In dismissing a recent appeal, the B.C. Court of Appeal (BCCA) confirmed that the courts have a broad discretion ...

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 ...