Perhaps the most important stage of the process to try to ensure the efficiency and cost effectiveness of an arbitration occurs when an arbitration clause is negotiated. Too often one sees an arbitration clause that merely refers the matter to arbitration in accordance with Commercial Arbitration Act [in B.C. now called the Arbitration Act]. ThatContinue reading “Strategies at the time the arbitration clause is negotiated”
Supreme Court in securities case expands scope of consumer class actions
The Supreme Court of Canada has opened the door more widely to consumer class actions in a case which follows an Ontario Securities Commission settlement: AIC Limited v. Fischer, 2013 SCC 69. The decision will be equally applicable to class action certification motions in British Columbia. One of the fundamental requirements to certification of a class action isContinue reading “Supreme Court in securities case expands scope of consumer class actions”
Joint Retainers – Planning for Potential Conflicts
Litigation lawyers are often approached by multiple prospective clients to represent their similar interests. Such prospects may include multiple investors who purchased the same instrument; multiple creditors of a common debtor; multiple owners of land; multiple beneficiaries of an estate; or multiple passengers in the same motor vehicle. On occasion, there develops a falling outContinue reading “Joint Retainers – Planning for Potential Conflicts”
Enforceability of Restrictive Covenants in the Employment Context
By Devin Lucas and Shafik Bhalloo In Globex Foreign Exchange Corporation v. Kelcher[1], three employees, David Kelcher, Mark MacLean, and Luciano Oliverio entered into employment contracts with Globex Foreign Exchange Corporation, a business engaged in foreign currency exchange. In 2003, each employee signed a non-competition and non-solicitation agreement comprising restrictive covenants. MacLean agreed to theContinue reading “Enforceability of Restrictive Covenants in the Employment Context”
Live Free or Die Hard
Developers’ rights, if you can call them that, were eroded even further in the latest decision by the BC Supreme Court under the Real Estate Development and Marketing Act (REDMA). In Woo v. ONNI Ioco Road Five Development, 2012 BCSC 764, the Court found that a group of ten Plaintiff purchasers were entitled to rescindContinue reading “Live Free or Die Hard”
Forum Non Conveniens – When Our Courts Pass The Buck
Forum non conveniens is a legal doctrine which allows a court to decline to exercise its jurisdiction over a lawsuit, on the basis that a court in another forum, or jurisdiction, is more suitable or convenient. Normally, forum non conveniens arises when a defendant challenges a local court’s exercise of jurisdiction. In a recentContinue reading “Forum Non Conveniens – When Our Courts Pass The Buck”
Advertising Alone Is Not Enough To Establish Court’s Jurisdiction in Canada
The Supreme Court of Canada recently confirmed that in determining whether a “real and substantial connection” exists for a court to assume jurisdiction over a case involving a foreign accident or foreign defendant, advertising alone within a Canadian jurisdiction is not sufficient to establish that a business is being carried on there, regardless of whetherContinue reading “Advertising Alone Is Not Enough To Establish Court’s Jurisdiction in Canada”
Executor Conflict of Interest and the Administrator Pendente Lite – Considerations in Challenging the Validity of a Will in British Columbia
PDF version is available here The key functions of executors are to call in the estate assets, to manage them competently and to distribute them in accordance with the deceased’s wishes as set out in the will. In a perfect world, these functions would be performed by a person without any personal interest in theContinue reading “Executor Conflict of Interest and the Administrator Pendente Lite – Considerations in Challenging the Validity of a Will in British Columbia”
Service of Process by Facebook and other social media
Canadian courts adapting to new technologies Courts and law have often been criticized for being slow moving and not keeping up with new technologies, however, Canadian courts, in the recent past, have shown a resolve to keep up with, or at least not fall too far behind, technology particularly in the area of serving legalContinue reading “Service of Process by Facebook and other social media”
Employee’s right to damages (Raymond Giza v. Sechelt School Bus Service Ltd.)
Refusal to work during working notice period does not extinguish employee’s right to damages In Raymond Giza v. Sechelt School Bus Service Ltd.[1], Randy Gould, the employer, Sechelt School Bus Service Ltd., employed Mr. Giza as a bus driver starting in September 2005. Over the course of the next 5 years, the employer grew disenchantedContinue reading “Employee’s right to damages (Raymond Giza v. Sechelt School Bus Service Ltd.)”