This paper outlines the ways in which tracing may be employed by plaintiffs to recover funds or other property. Tracing is ancillary to equitable, common law and statutory remedies, including constructive trusts, equitable liens or charges and orders relating to fraudulent conveyances. Complexities may arise in tracing claims into a fund or assets to whichContinue reading “Principles of Tracing”
Precarious Work in the Modern Gig Economy: Charting a Path for Future Class-Action Litigation in Canada
Download as PDF On February 19, 2021, the Supreme Court of the United Kingdom unanimously decided that Uber drivers are “workers” for the purpose of UK employment law. This follows a recent decision a little closer to home, in which the Supreme Court of Canada cleared the way for future class action law-suits against theContinue reading “Precarious Work in the Modern Gig Economy: Charting a Path for Future Class-Action Litigation in Canada”
Mandatory Mediation in B.C. – Pros and Cons
Mediation has long been considered a useful and effective alternative to litigation in Canada. Parties meet, on a without prejudice basis, to resolve their differences with the assistance of a trained mediator. Statistics show that from 2002-2012, 37,000 motor vehicle cases in B.C. were taken to mediation and 78 per cent of these cases settledContinue reading “Mandatory Mediation in B.C. – Pros and Cons”
Why Now More Than Ever Arbitration is an Attractive Alternative to Litigation
As the Courts in British Columbia continue to grapple with the consequences of the worldwide pandemic, it has become clear to all interested observers just how many challenges the judicial system in British Columbia is facing. British Columbia’s Attorney General has prioritized criminal and family court cases in order to reduce the court’s backlog andContinue reading “Why Now More Than Ever Arbitration is an Attractive Alternative to Litigation”
Successful Removal of INTERPOL Red Notice
Kornfeld lawyers, Nils Preshaw and Shane Coblin, were recently successful (May 2020) in removing a Red Notice issued by the International Criminal Police Organization (INTERPOL), where it had been prompted by ulterior motives. What is an INTERPOL Red Notice? An INTERPOL Red Notice is an international wanted persons notice—not an arrest warrant. It is aContinue reading “Successful Removal of INTERPOL Red Notice”
Kornfeld LLP congratulates counsel Dan Parlow, Shane Coblin and Nils Preshaw
Kornfeld LLP congratulates counsel Dan Parlow, Shane Coblin and Nils Preshaw on their victory for our client in Youyi Group Holdings (Canada) Ltd. v. Brentwood Lanes Canada Ltd. 2019 BCSC 739 after a hard fought 77 day civil trial. The case involved a claim by the opposing party for specific performance of two real estate contracts entered into in 2012Continue reading “Kornfeld LLP congratulates counsel Dan Parlow, Shane Coblin and Nils Preshaw”
Avoiding Double Gifts Under the New Wills Law
An unintended consequence of British Columbia’s revised legislation on wills and estates is the possibility that a gift to someone may be inadvertently doubled. The Wills, Estates and Succession Act (WESA), section 6, provides that where a gift in a will is contingent on the death of someone else, that gift will take effect ifContinue reading “Avoiding Double Gifts Under the New Wills Law”
Can an Arbitrator conduct his or her own Research? (Part 2)
In my last post, I addressed the question of whether an Arbitrator should conduct his or her own independent research of the facts outside of the evidence presented by the Parties. Now I want to address the second part of that question which deals with legal research. Succinctly put, should an Arbitrator engage in hisContinue reading “Can an Arbitrator conduct his or her own Research? (Part 2)”
Baby Boomers and “Grey” Divorces
As the baby boomer generation see their children move out of the house and settle into their careers and family, some are now re-examining their marriages or long term relationships and considering what they want to do, and with whom, during their retirement years. According to Statistics Canada (Marital Status Overview: 2011), there were aContinue reading “Baby Boomers and “Grey” Divorces”
The Price of Termination – Dependent Contractors in the Workplace
One of the most significant mistakes a business owner can make when it comes to engaging a worker is classifying that worker incorrectly. Many business owners are aware that misclassifying an employee as an independent contractor can come with heavy repercussions, including being held liable for the various statutory deductions that should be made forContinue reading “The Price of Termination – Dependent Contractors in the Workplace”