Commercial Litigation and Dispute Resolution Blog

Owning real property in British Columbia while a US resident has become increasingly complex and challenging. There are various taxes that apply to the purchase, ownership and subsequent transfer on death of such real property, as well as annual filing requirements. This article will provide an overview of such taxes in the estate planning context, as well as some items for ...

In Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., 2024 SCC 20, the Supreme Court of Canada (“SCC”) clarified the requirements to contract out of statutory conditions under the Sale of Goods Act, RSO 1990, c S.1 (“SGA”).

The decision may be relevant to exclusion clauses more broadly, including sale of goods legislation in other provinces. The key ...

Administrative decision-makers, like judges, can get the facts wrong. When a tribunal’s enabling legislation restricts appeals to questions of law alone, are participants precluded from asking the courts to review errors of fact or mixed fact and law? In a recent decision, the Supreme Court of Canada confirmed in Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8 that a ...

The International Bar Association (the “IBA”) recently published an updated version of the Guidelines on Conflicts of Interest in International Arbitration (the “Guidelines”).

The 2024 updates to the Guidelines address an arbitrator’s relationship with experts and co-arbitrators, public statements related to cases, failure to disclose conflicts, a ...

In a joint statement with Meta, TikTok, Snap and X, on April 23, 2024, the BC government announced that it will put Bill 12 – 2024, Public Heath Accountability and Cost Recovery Act, on hold.  Instead, the government will strike the “BC Online Safety Action Table” in collaboration with Meta, Snap, TikTok and X, to discuss the tangible steps that can be taken to ensure safe, empowering experiences online.  Bill 12 had not been tabled for second reading since its introduction on March 14, 2024.

When you sign a will, the will is intended after your death to govern the distribution of your estate in keeping with your wishes.  A will is the direction to your executor about which people, organizations or causes you want to benefit. 

Preparing a will is serious business.  In British Columbia, if you do not have a will, your estate will be treated as an “intestacy” and its ...

In the recent decision of Wilyman v Cole, 2024 ABCA 41,^[1] the Alberta Court of Appeal canvassed the law addressing the “Vexatious Application/Proceeding Show Cause Procedure” under Civil Practice Note 7 (CPN7), and reiterated that this procedure is available in exceptional cases to strike applications or proceedings without the need for an oral hearing.

After several years of pushback on the existing summary trial procedure, the Province of Alberta has amended the Alberta Rules of Court (the Rules) to create a new “streamlined trial” process effective January 1, 2024.

The amendment repeals the summary trial process under Division 3 of the Rules, removing the procedure in its entirety. In its place, newly-added Rules ...

The B.C. Court of Appeal recently revised the test for the dismissal of a civil claim for delay, known in legalese as “want of prosecution.” They did so by replacing the narrow requirement of proving prejudice caused by a delay with a broader inquiry into whether the continued prosecution of a long-standing claim is in the “interests of justice.”

In Giacomini ...

Builders’ lien claimants and owners alike should be aware of the recent decision of the Supreme Court of British Columbia in Pinnacle Living (Capstan Village) Lands Inc. v. Tarrier Group Inc.,^[1] which considers two noteworthy issues in relation to cancelling or removing claims of liens from project lands under British Columbia’s Builders Lien Act (the ...