For print version, click here. Introduction The primary purpose of this article is to examine, in a non-union setting, some instructive British Columbia cases on the “temporary layoff” provision in the B.C. Employment Standards Act ((Employment Standards Act, RSBC 1996, c.113)) (“ESA”) with a view to providing the reader some guidance on the subject matterContinue reading “Employers beware: The myth of temporary layoff may result in a wrongful dismissal liability”
B.C. Supreme Court Extends Application of “Good Conscience” Constructive Trusts
The assistance of articled student Richard Sehmer is gratefully acknowledged. [editor’s note – This decision was reversed by the British Columbia Court of Appeal on Sept. 8, 2011: see Ladner v. Wolfson, 2011 BCCA 370. ] In October 2010, the Supreme Court of British Columbia released its judgment in Ladner v. Wolfson [2010] BCSC 1408, whichContinue reading “B.C. Supreme Court Extends Application of “Good Conscience” Constructive Trusts”
Courts Apply Tercon ‘Duty of Fairness’ beyond Tendering Situations
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”