• Posts by Thomas D. Boyd
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    Tom is a commercial litigator, with experience in complex commercial disputes, environmental matters, and real estate and construction litigation.

    Tom has appeared before all levels of court in British Columbia as lead counsel ...

A recent decision has expanded the scope of cost-recovery actions for contaminated sites under the Environmental Management Act, SBC 2003, c.3 (the EMA). The decision confirms that unpaid contractors who have provided remediation services can bring claims against former owners, operators, or other responsible persons (and not just the person who hired them to perform ...

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What do a “thumbs up” emoji and an email signature have in common? Both might have you wishing you never pressed send.

Last month, in a decision that has made international news, the Saskatchewan Court of King’s Bench gave a thumbs up to entering into contracts with a “thumbs up” emoji. In South West Terminal Ltd. v Achter Land, 2023 SKKB 116, the court held that ...

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Posted in Real Estate

In a warning for commercial landlords and tenants (Amacon Alaska Development Partnership v. ARC Digital Canada Corp., 2023 BCCA 34), the BC Court of Appeal has upheld the application of the duty of good faith in the context of an early termination negotiation.

The Court of Appeal came down hard on a party who used an overly technical interpretation of their strict legal rights ...

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In a recent decision, the Supreme Court of Canada ("SCC") has expanded the scope for constructive taking (also called de facto expropriation) claims. They have removed the requirement to show that a government has acquired a beneficial interest in the relevant land whose development rights they impair. This requirement has been replaced with the much broader category of ...

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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 ...

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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 ...

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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 ...

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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 ...

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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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