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Posts tagged BC Court of Appeal.

More often than not, sequels can’t live up to the original.  Case in point: Jaws 2.  But this blog post sequel aims to be better, like The Dark Knight.

In Part I of this blog post, we looked at the basic facts of Weaver v. Ball. The case involved two well-known scholars, Dr. Andrew Weaver and Dr. Timothy Ball, who have diametrically opposing viewpoints regarding climate change. In ...

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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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Earlier this month, the B.C. Court of Appeal rendered its decision in West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110 – a case which considered whether insurers can rely on certain exclusion clauses to deny or preclude coverage for environmental contamination and pollution claims.

The two insured entities, West Van Holdings Ltd. and West Van ...

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Introduction

In Vancouver Community College v Vancouver Career College (Burnaby) 2017 BCCA 41, the British Columbia Court of Appeal found that Vancouver Community College (“VCC”) had established the tort of passing off against Vancouver Career College (“Career College”) for using “VCC” and “VCCollege” as part of Career College’s internet ...

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The recent decision of the British Columbia Court of Appeal in Chriscan Enterprises Ltd. v. St. Pierre, 2016 BCCA 442, reminds those who elect to resolve their business disputes through arbitration that decisions of the arbitrator, even those touching on the fairness of procedures, will generally be final and not subject to review by the courts. As the Court noted, the ...

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Posted in Real Estate

In several earlier posts I discussed a B.C. Supreme Court decision involving problem strata owners who had, for years, defied efforts by the strata council to moderate their poor conduct.  The court ordered the sale of the strata unit as the only practical means to bring an end to what was described as “outrageous conduct."  The Court of Appeal allowed the owner’s first ...

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Posted in Real Estate

In my January 2012 and July 2012 blog posts, I discussed the ongoing saga of the Jordisons, arguably the epitome of strata owners from hell.  For a period of years, the Jordisons continually behaved in an obnoxious and outlandish manner towards their neighbors.  To try to stop them, the strata council levied fines totaling over $20,000 for their ongoing and flagrant ...

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Some time ago I blogged about the decision in B.C. (Director of Civil Forfeiture) v. Wolff.  That case was something of a setback for the Director of Civil Forfeiture who had sought forfeiture from Mr. Wolff of his $52,000 truck.  In November 2005, Mr. Wolff was arrested for possession for the purposes of trafficking.  As a “favour”, Mr. Wolff was transporting a duffle bag of ...

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Posted in Commercial

On October 2, 2012, I blogged about court intervention in shareholder proxy contests in British Columbia.  One of the cases referenced was a petition brought by TELUS to quash a meeting of TELUS’s shareholders requisitioned by an American hedge fund, Mason Capital Management LLC (“Mason Capital”).  This meeting was requisitioned in an attempt to block a merger of ...

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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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