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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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Posted in Commercial

On Thursday, May 17th, 2018, the International Commercial Arbitration Amendment Act received Royal Assent. The Act significantly modernizes British Columbia’s international arbitration legislation, the International Commercial Arbitration Act (“ICAA”), bringing the province in line with current international practices in the discipline. The most ...

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Posted in Defamation

The B.C. Supreme Court recently dismissed the plaintiffs’ claims in Northwest Organics, Limited Partnership v Roest, 2018 BCSC 866, a defamation action relating to a commercial composting facility. The claim arose after years of conflict between residents of a rural community who opposed construction of the facility and the facility’s owners. The residents had ...

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Posted in Contracts

Almost a year ago (May 26, 2017), the Alberta Court of Appeal released its 2:1 decision in IFP Technologies (Canada) Inc. v. EnCana Midstream and Marketing (IFP Technologies), 2017 ABCA 157. The decision was of particular significance with respect to the meaning of "working interest" in the oil and gas industry, when consent to a disposition could be reasonably withheld ...

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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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Lawson Lundell LLP is pleased to announce the arrival of an experienced team of commercial litigation and dispute resolution lawyers in Calgary. Grant Vogeli, QC, Michael Donaldson, Shannon Wray, Shannon Hayes, Kelly Hannan, Marika Strobl and Jonathan Selnes have joined the firm from a leading firm in Calgary where they represented significant clients in a range of ...

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Many assume that, with the advent of privacy statutes, companies have been required to notify their customers, or the relevant statutory authority, in the case of a data breach or improper accessing of customer data.  However, to date, for the vast majority of provinces and territories in Canada, that has not been the case, and the choice of whether or not to tell even those ...

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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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The British Columbia Court of Appeal (BCCA) recently released its first decision considering the application of BC's new limitations statute in the context of security enforcement generally and foreclosure practice specifically. The new limitations statute reduced the limitation period for contractual claims and security enforcement from six years to two years, and ...

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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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