Posts in Commercial Litigation.

In a highly anticipated decision, the Supreme Court of Canada (the “SCC”) in Barendregt v Grebliunas, 2022 SCC 22 confirmed the appropriate test for admitting additional evidence on appeal.

This decision confirms that the long-standing test set out in R.v. Palmer, [1980] 1 SCR 759, applies both to evidence that existed at the time of trial but was not adduced at that ...

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In a recent decision, Condominium Corporation No. 0522151 v JV Somerset Development Inc. (Somerset Condominium)[1], the Alberta Court of Appeal held that the hands-off developer of a condominium building may be liable for construction deficiencies that emerge years after the units are sold to initial owners.

Background

JV Somerset Development was the developer of a ...

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Vancouver International Arbitration Centre’s (“VanIAC”) new International Commercial Arbitration Rules of Procedure (the “New Rules”) came into effect on July 1, 2022. In this post, we summarise what you need to know about the New Rules.

The New Rules are a significant update to the previous version of the international arbitration rules, which were last ...

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On Monday, June 13, 2022, the Supreme Court of the United States ruled on whether 28 U.S. Code § 1782(a) (“s. 1782”) permits US district courts to order discovery in aid of foreign private arbitration proceedings.

In ZF Automotive US, Inc., Et al. v Luxshare Ltd. (“ZF Automotive”), the court decided that s. 1782 does not allow US district courts to order discovery for ...

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A limitation period is a specific period of time within which a person with a legal claim must commence a court proceeding to assert that claim. In British Columbia, the Limitation Act, SBC 2012, c 13 (the “Limitation Act”) provides for a basic limitation period of two years from the date a claim is discovered. Failure to start a claim within the applicable limitation ...

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BC Court of Appeal Settles the Law on Lien Rights for Construction Projects that Span Multiple Parcels of Land

The B.C. Court of Appeal (the “BCCA”) recently issued reasons for judgment in the highly anticipated case of JVD Installations Inc. v Skookum Creek Power Partnership (“Skookum”). The court, for the first time, declared that a “single integrated ...

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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 ...

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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 ...

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In Kent v. Panorama Mountain Village Inc., 2021 BCCA 332, the BC Court of Appeal overturned a lower court decision and found that a restrictive covenant requiring owners of a strata unit to rent to the public only through a centralized rental management system was in fact enforceable.

The petitioners own a strata unit in a complex at the Panorama Resort. A restrictive covenant ...

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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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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.

Legal Disclaimer: The information made available on this webpage is for information purposes only. It does not constitute legal advice, and should not be relied on as such. Please contact our firm if you need legal advice or have questions about the content of this webpage. 

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