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September 1, 2020 was a historic day for domestic arbitration in British Columbia for three reasons:

  • The BC International Commercial Arbitration Centre changed its name and became the “Vancouver International Arbitration Centre” (referred to as “VanIAC”);
  • The province’s new Arbitration Act (the “New Act”) came into force; and
  • VanIAC’s updated ...
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The Supreme Court of Canada rules on anti-SLAPP motions and articulates a test with multiple stages, shifting burdens, differing standards of proof, and the weighing of expression in the public interest. 

On September 10, 2020 the Supreme Court of Canada released two SLAPP-suit (Strategic Lawsuits Against Public Participation) decisions, providing guidance on the ...

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The Alberta Court of Appeal recently released two insurance coverage decisions analyzing:

  • What facts would trigger the insurer’s duty to defend; and
  • Whether a policy covered property damage that resulted from a contractor’s faulty workmanship.

In both cases, the three-justice panel decided against the insurer.

The Duty to Defend

In Intact Insurance Company v ...

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In Atlantic Lottery Corp. v. Babstock, 2020 SCC 19 (Babstock), released July 24, 2020, the Supreme Court of Canada (SCC) unanimously confirmed that “waiver of tort” is not an independent cause of action for disgorgement. To make out a claim for disgorgement, a gain-based remedy, a claimant must first establish actionable misconduct. Further, according to the ...

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In a decision released on June 26, 2020, Uber Technologies Inc. v. Heller 2020 SCC 16, the Supreme Court of Canada (the “SCC”) found invalid the arbitration clause in Uber’s standard form service agreement with its drivers in Canada, requiring that they arbitrate their disputes in the Netherlands. This decision paves the way for Uber’s drivers to proceed with a ...

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When is a question not “legal” enough for a court to weigh in? The Federal Court of Appeal recently weighed in on this question in Canada (Attorney General) v. Democracy Watch, 2020 FCA 69, overturning the Federal Court on exactly this issue. The two courts’ decisions illustrate the difficulty in deciding what is and is not fair game for judicial review, and the ...

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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 ...

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Everyone is entitled to their own opinions.

Most of us were taught this maxim at an early age. But while the fundamental principle behind this saying holds true today, the reality is a little more complicated, especially with current technology. Now, with a single cellphone, practically anyone can publish their opinions online for the entire world to see. This has led to the ...

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In most cases, a plaintiff seeking an interim or interlocutory injunction is required to give an undertaking as to damages. The purpose of this practice is to ensure that the defendant will be adequately compensated in the event that the injunction is granted, but the plaintiff is ultimately unable to prove its case on its merits. The defendant may suffer damages (such as lost ...

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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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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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