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Litigation is expensive, time consuming, stressful, and a distraction from your business. It should be avoided, if at all possible. If it is not possible to avoid litigation – you have been sued or absolutely need to sue – you should try to resolve the litigation as quickly as possible. The longer litigation goes on – and it can go on for a very long time – the more ...

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Section 43 of the Alberta Arbitration Act is a statutory exception to functus officio

Historically, the doctrine of functus officio applied to hold that a decision maker could not reopen a hearing or amend an award that was final. This doctrine has, however, been relaxed over time in the judicial, administrative, and arbitration contexts. There are now a number of common law ...

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Second marriages are common. They frequently occur when one or both individuals already have adult children. Sometimes these melded families work and everyone gets along, or at least are pleasant enough to each other. Occasionally it does not go that well.  In either case, but particularly the latter, difficult legal questions can arise that should to be addressed rather ...

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The Supreme Court of Canada (SCC) recently changed the legal landscape on the media’s ability to contest production orders that implicate journalists’ sources.  

The facts in R v Vice Media Inc., 2018 SCC 53 (Vice Media) involve a savvy journalist, an unsympathetic source, and the SCC’s unanimous decision to uphold the production order. The court split 5-4 in its ...

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Here’s a familiar scenario:  A service provider that has been invoicing its client for several years at some point discovers that it has been calculating its services incorrectly and has missed billing for an item. The mistake goes back a number of years. The service provider then sends a “corrective invoice” containing the previously missed charges to the client ...

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A relatively recent decision from the BC Court of Appeal will shield defendants from potential exposure to special costs orders, even if they end up losing the litigation.  The decision creates an uneven playing field, where in certain types of litigation, successful defendants will recover special costs but successful plaintiffs will not.  Plaintiffs’ counsel will ...

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The B.C. Court of Appeal recently weighed in, for the first time, on the interpretation and application of the strata wind-up provisions in Part 16 of the Strata Property Act, (the “Act).  This is the first appellate decision to consider this aspect of the Act.  It is an important decision because the court confirmed the validity of the practice and procedures for strata ...

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The British Columbia Court of Appeal recently released its decision in Hunt v. The Owners, Strata Plan LMS 25556, 2018 BCCA 159, reaffirming the longstanding maxim that “justice must not only be done, it must be seen to be done.” 

The Hunt decision arises out of arbitration over concerns about the installation of a heating, ventilation and air conditioning unit between ...

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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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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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