A recent decision has expanded the scope of cost-recovery actions for contaminated sites under the Environmental Management Act, SBC 2003, c.3 (the EMA). The decision confirms that unpaid contractors who have provided remediation services can bring claims against former owners, operators, or other responsible persons (and not just the person who hired them to perform ...

Share

What do a “thumbs up” emoji and an email signature have in common? Both might have you wishing you never pressed send.

Last month, in a decision that has made international news, the Saskatchewan Court of King’s Bench gave a thumbs up to entering into contracts with a “thumbs up” emoji. In South West Terminal Ltd. v Achter Land, 2023 SKKB 116, the court held that ...

Share

In a recent decision (V.I.T. Estates Ltd. v. New Westminster (City), 2023 BCCA 183), the BC Court of Appeal dismissed a challenge to a zoning bylaw requiring that certain privately-owned strata units in the City of New Westminster be used as rental properties. The Court’s conclusion turned primarily on its finding that the Residential Tenancy Act (“RTA”) does not ...

Share

Canada is implementing new measures to combat the use of forced and child labour in the global supply chains of Canadian-linked organizations. Bill S-211 is currently awaiting Royal Assent and will likely come into force on January 1, 2024.[1] The Bill enacts the Fighting Against Forced Labour and Child Labour in Supply Chains Act (the “Act”), and imposes reporting ...

Share
Posted in Real Estate

In a warning for commercial landlords and tenants (Amacon Alaska Development Partnership v. ARC Digital Canada Corp., 2023 BCCA 34), the BC Court of Appeal has upheld the application of the duty of good faith in the context of an early termination negotiation.

The Court of Appeal came down hard on a party who used an overly technical interpretation of their strict legal rights ...

Share
Posted in Arbitration

In Dow Chemical Canada ULC v Nova Chemicals, 2023 ABKB 215, Justice Woolley dismissed Dow’s Originating Application seeking, among other things, a declaration under s. 47 of the Arbitration Act RSA 2000, c A-43 that an arbitration was invalid because the arbitration agreement did not apply to the matter in dispute.

Section 47 of the Arbitration Act allows a party who has ...

Share

In a recent decision concerning invoices issued under several petroleum facilities agreements, Harvest Operations Corp. v. Obsidian Energy Ltd.,[1] the Alberta Court of King’s Bench held that the limitations period starts running from the reasonable date by which the invoices ought to have been issued, not from a shorter contractual deadline for issuance.

The ...

Share

In a recent decision, the Supreme Court of Canada ("SCC") has expanded the scope for constructive taking (also called de facto expropriation) claims. They have removed the requirement to show that a government has acquired a beneficial interest in the relevant land whose development rights they impair. This requirement has been replaced with the much broader category of ...

Share

A friend called the other day distressed at the conduct of her elder and only sibling.  He had said and done mean things, and taken financial and emotional advantage of their aging mother, now in a care home.  The brother was a sponger.  He lived rent and expense-free in mum’s home despite efforts to get him to leave.  He had not worked in years and was taking advantage of his mum.  My ...

Share

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 ...

Share

About Us

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. 

Authors

Topics

Recent Posts

Archives

Blogs

Jump to Page