In the preparation of this article, the assistance of articled student Richard Sehmer is gratefully acknowledged. You may recall that, on February 12, 2010, the Supreme Court of Canada released its decision in Tercon Construction Ltd. v. British Columbia (Transportation and Highways) 2010 SCC 4 in an attempt to further ensure fairness and balance theContinue reading “Courts Apply Tercon ‘Duty of Fairness’ beyond Tendering Situations”
Pre-2007 “Subdividing” Leases Unenforceable
The British Columbia Court of Appeal has ruled on the question of whether section 73.1 of the Land Title Act has retrospective application: Idle-O-Apartments Inc. v. Charlyn Investments Ltd. 2010 BCCA 460 – Reasons for Judgment Dated October 19, 2010. The same court earlier ruled that a lease for over three years for a portionContinue reading “Pre-2007 “Subdividing” Leases Unenforceable”
Class actions become tougher to resist
Two recent appellate decisions make it harder for companies to resist certification of class action lawsuits. A critical threshold for claimants wishing to bring class proceedings is the need to demonstrate that there be sufficient “common issues” amongst them to appreciably advance the case, and that the class action must be the best mechanism forContinue reading “Class actions become tougher to resist”
How to Spend Less on your Divorce
According to Statistics Canada, divorce is on the decline but for those who are divorcing, nearly three-quarters of them are using lawyers to help them resolve their marital issues. In B.C. there were nearly 21,000 active divorce cases in 2008/2009 but only 16% had a statement of defence on file. This means that only 16%Continue reading “How to Spend Less on your Divorce”
A Discharged Mortgagee Seeks An Interest In Security Posted Pursuant to Section 24 Of The Builder’s Lien Act
In a case being heard before the B.C. Supreme Court this week, a mortgagee who has discharged its security is seeking to now assert priority over funds previously posted in court to secure a lien claim. Background Section 24 of the Builders Lien Act (“BLA”) provides that a person against whose land a claim forContinue reading “A Discharged Mortgagee Seeks An Interest In Security Posted Pursuant to Section 24 Of The Builder’s Lien Act”
New Rule Change on Document Discovery Will Affect Litigants’ Rights and Counsel’s Ethical Responsibility
New Rule 7-1 will replace existing Rule 26(1) by mandating a two-step process for obtaining discovery of documents. This will, no doubt, have a significant impact on counsel’s role in the discovery process and on legal ethics governing that role. It maywell be that some of that impact is quite unanticipated by those who framedContinue reading “New Rule Change on Document Discovery Will Affect Litigants’ Rights and Counsel’s Ethical Responsibility”
Uncertanties Inherent in Synthetic CDOs/Credit Default Swaps
This article is also available as PDF. Introduction As instances of default under collateralized debt obligations (CDOs) rise, uncertainty over the resolution of eventual disputes takes on increasing significance for parties to derivatives investments. Nowhere is this better demonstrated than in the enforcement of rights under credit default swaps. By 2008, outstanding credit default swapContinue reading “Uncertanties Inherent in Synthetic CDOs/Credit Default Swaps”
Demand Futility in Derivative Action Cases
This article is available as a PDF Introduction When seeking leave to commence a derivative action for and on behalf of a corporation, a core requirement((Business Corporations Act (Alberta) (ABCA), RSA 2000 cB-9, s. 240(2), Business Corporations Act (B.C.) (BCABC), S.B.C. 2002, c. 27, 233(1); Canada Business Corporations Act (CBCA), R.S.C. 1985, c. C-44, s.Continue reading “Demand Futility in Derivative Action Cases”
Removing, Adding or Substituting a Party After Judgment or a Final Order: Can it be Done, and When?
For a print version of this article, click here. Editor’s Note: Please note this article is based on Supreme Court Rules, BC Reg 221/90, which has since been replaced by Supreme Court Civil Rules, BC Reg 168/2009. Introduction Rule 15(5) of the Rules of Court governs the adding, removing or substituting of a party atContinue reading “Removing, Adding or Substituting a Party After Judgment or a Final Order: Can it be Done, and When?”
Notice extension for bad faith dismissal: “a remedy divorced from the wrong”
For the print version, click here This article was published in the Vancouver Bar Association‘s The Advocate Introduction The effect of the decision of the Supreme Court of Canada in Wallace v. United Grain Growers Ltd.((Wallace v. United Grain Growers Ltd. (1997), 152 D.L.R. (4th) 1)) is irrefutably significant in the development of the lawContinue reading “Notice extension for bad faith dismissal: “a remedy divorced from the wrong””