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# Kornfeld LLP

Vancouver Law Firm

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## Posts

- [Kornfeld LLP Recognized as Highly Recommended Firm by Benchmark Canada](https://kornfeldllp.com/2026/04/kornfeld-llp-recognized-as-highly-recommended-firm-by-benchmark-canada/) - We are delighted to announce that Kornfeld LLP has received the highest possible ranking of Highly Recommended Firm in the 2026 Benchmark Litigation Canada guide. Six Kornfeld lawyers have been recognized as Litigation Stars: Shane D. Coblin Stephen M. Fitterman Sandra Foweraker Francis Lamer Dan Parlow Abbas Sabur Congratulations to all of our lawyers who
- [Court of Appeal Clarifies the Distinction Between Joint Will and Mutual Will](https://kornfeldllp.com/2026/04/court-of-appeal-clarifies-the-distinction-between-joint-and-mutual-wills/) - Dan Parlow successfully represented an estate administrator in an appeal over the legal effect of a 1995 handwritten joint will. The novel issues before the British Columbia Court of Appeal involved the interpretation and purported revocation of a joint will made by a married couple. The decision is reported at Aulinger v. Oda, 2026 BCCA
- [Certificates of Pending Litigation: A Guide for Practitioners](https://kornfeldllp.com/2026/04/certificates-of-pending-litigation-a-guide-for-practitioners/) - Written by: Devin P. Lucas, Partner, Litigation and Dispute ResolutionT: 604.331.8306E: dlucas@kornfeldllp.com One of the most frequently used pressure tactics in commercial litigation practice is the filing of a Certificate of Pending Litigation (“CPL”). In general terms, a CPL (formerly known as a lis pendens in British Columbia) is a charge on title that provides
- [Kornfeld LLP and Shapray Cramer Fitterman Lamer LLP Merge to Create a Leading B.C.-Focused Business Law Firm](https://kornfeldllp.com/2021/11/kornfeld-llp-and-shapray-cramer-fitterman-lamer-llp-merge-to-create-a-leading-b-c-focused-business-law-firm/) - VANCOUVER – Two respected specialty law firms are joining forces to create one of Vancouver’s leading local business law firms. On January 1, 2022, Kornfeld LLP and Shapray Cramer Fitterman Lamer LLP will merge to become the new Kornfeld LLP (also operating as Kornfeld Shapray & Partners). “It’s a powerful combination. We’re bringing together a
- [Six Kornfeld Lawyers recognized in the 17th Edition of Best Lawyers® Canada for 2023](https://kornfeldllp.com/2022/08/six-kornfeld-lawyers-recognized-in-the-17th-edition-of-best-lawyers-canada-for-2023/) - We are pleased to announce that 6 lawyers from Kornfeld LLP have been included in the 17th Edition of The Best Lawyers® in Canada. Kornfeld congratulates the following 2023 nominees who have been recognized for their work in Administrative and Public Law, Commercial Leasing Law, Corporate and Commercial Litigation, Director and Officer Liability Practice, Environmental
- [2022 at Kornfeld: A Year in Review](https://kornfeldllp.com/2023/01/2022-kornfeld-year-in-review/) - With the close of 2022, we at Kornfeld LLP look back on a year that saw many significant firsts and accomplishments. Merger of Kornfeld LLP and Shapray Cramer Fitterman Lamer LLP We were pleased to begin the year with the momentous merger of Kornfeld LLP and Shapray Cramer Fitterman Lamer LLP to become the new
- [Kornfeld LLP Congratulates Shafik Bhalloo on King’s Counsel Appointment](https://kornfeldllp.com/2023/05/2023-05-kornfeld-llp-congratulates-shafik-bhalloo-on-kings-counsel-appointment/) - We are thrilled to congratulate Shafik Bhalloo, Senior Associate Counsel, on his recent appointment as King’s Counsel on the recommendation of the Attorney General for British Columbia in recognition of his exemplary legal career and contributions to academia and community service. The appointment of King’s Counsel is an honour conferred by the Government of British
- [Kornfeld LLP receives Highly Recommended Firm ranking from Benchmark Litigation](https://kornfeldllp.com/2023/05/2023-05-kornfeld-llp-receives-highly-recommended-firm-ranking-from-benchmark-litigation/) - We are pleased to announce that Kornfeld LLP has received the highest possible ranking of Highly Recommended in the 2023 Benchmark Litigation Canada guide. Eight Kornfeld lawyers have been recognized as Litigation Stars and Future Stars: Shane D. Coblin (Litigation Star) Stephen M. Fitterman (Litigation Star) Sandra Foweraker (Litigation Star) Francis Lamer (Litigation Star) Devin
- [Six Kornfeld Lawyers recognized in the 18th Edition of Best Lawyers® Canada for 2024](https://kornfeldllp.com/2023/08/six-kornfeld-lawyers-recognized-in-the-18th-edition-of-best-lawyers-canada-for-2024/) - We are excited to announce that 6 lawyers from Kornfeld LLP have been included in the 18th Edition of The Best Lawyers® in Canada. Kornfeld congratulates the following 2024 nominees who have been recognized for their work in Administrative and Public Law, Commercial Leasing Law, Corporate and Commercial Litigation, Director and Officer Liability Practice, Environmental Law and
- [Kornfeld LLP: Recognized for Excellence by Chambers and Partners](https://kornfeldllp.com/2023/10/kornfeld-llp-recognized-for-excellence-by-chambers-and-partners/) - We are pleased to announce that Kornfeld’s has been ranked by Chambers and Partners in their upcoming 2024 guide. Chambers rankings are grounded in rigorous independent research, client feedback, and peer reviews, ensuring that the accolades we receive genuinely reflect the quality and dedication of our work. Growth & Recognition for the Firm Kornfeld LLP
- [Kornfeld LLP recognized for Real Estate Law in ‘Canada’s Best Law Firms 2024’](https://kornfeldllp.com/2023/11/kornfeld-llp-recognized-for-real-estate-law-in-canadas-best-law-firms-2024/) - We are proud to announce Kornfeld LLP's inclusion in the ‘Canada’s Best Law Firms 2024’ list, published by The Globe and Mail in partnership with Statista. This year, our firm was recognized for its exceptional expertise in Real Estate Law. We thank our clients for their trust and support and congratulate our dedicated team of
- [Eleven Kornfeld Lawyers recognized in the 19th Edition of Best Lawyers® Canada for 2025](https://kornfeldllp.com/2024/08/eleven-kornfeld-lawyers-recognized-in-the-19th-edition-of-best-lawyers-canada-for-2025/) - We are delighted to announce that 11 lawyers from Kornfeld LLP have been included in the 19th Edition of The Best Lawyers® in Canada, establishing each as a leader in their respective practice areas. Kornfeld congratulates the following 2025 award winners who have been recognized for their work in Administrative and Public Law, Commercial Leasing Law, Construction
- [Making Effective Submissions on Credibility and Reliability](https://kornfeldllp.com/2025/08/making-effective-submissions-on-credibility-and-reliability/) - Guidance on assessing and arguing witness credibility and reliability in trial, with key factors and case law.
- [12 Kornfeld Lawyers Recognized in the 20th Edition of Best Lawyers® Canada for 2026](https://kornfeldllp.com/2025/09/12-kornfeld-lawyers-recognized-in-the-20th-edition-of-best-lawyers-canada-for-2026-2/) - We are excited to announce that 12 lawyers from Kornfeld LLP have been included in the 20th Edition of The Best Lawyers® in Canada. Congratulations to our lawyers who were ranked individually this year for their outstanding work in Administrative and Public Law, Commercial Leasing, Construction Law, Corporate and Commercial Litigation, Corporate Law, Director and Officer
- [5 Kornfeld Lawyers Recognized in the 2026 Chambers & Partners Canada Rankings](https://kornfeldllp.com/2025/10/5-kornfeld-lawyers-recognized-in-the-2026-chambers-partners-canada-rankings/) - We are thrilled to announce that 5 lawyers from Kornfeld LLP have been ranked by Chambers & Partners Canada for 2026. In addition, the firm has been recognized in the Ligation: General Commercial and Real Estate practice areas. Congratulations to our lawyers who were ranked individually this year for their work in Litigation: General Commercial,
- [Congratulations to Shane Coblin on His Appointment to the VanIAC Domestic Arbitration Panel](https://kornfeldllp.com/2025/12/congratulations-to-shane-coblin-on-his-appointment-to-the-vaniac-domestic-arbitration-panel/) - We are delighted to share that Shane Coblin has been appointed to the VanIAC Domestic Arbitration Panel. This appointment reflects Shane’s dedication to excellence in dispute resolution and his commitment to advancing the practice of arbitration in British Columbia. Shane brings to the Panel a wealth of experience in commercial dispute resolution. Over the course
- [Kornfeld Adds a Partner](https://kornfeldllp.com/2026/01/kornfeld-adds-a-partner/) - Kornfeld LLP is thrilled to welcome Matthew Sveinson to the partnership. Matthew was called to the bar in 2015 and first joined the firm as an associate in 2022. He maintains a broad civil litigation practice with a focus on construction disputes, including delay and builders lien claims, and corporate and commercial disputes. Please join us in
- [Individuals increasingly becoming entangled in INTERPOL’s Red Notice System](https://kornfeldllp.com/2021/07/individuals-increasingly-becoming-entangled-in-interpols-red-notice-system/) - Nils Preshaw is an experienced litigator with a background that includes 12 years as a Crown Prosecutor working on files, some of which involved national security, intelligence, and defence agencies. He is familiar with clients who have found themselves entangled in the INTERPOL Red Notice system. Meant to catch serious criminals whose location is unknown,
- [Successful Removal of INTERPOL Red Notice](https://kornfeldllp.com/2020/05/successful-removal-of-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 a
- [国际刑警组织红色通缉令撤销：来自专业律师的法律指南](https://kornfeldllp.com/2025/09/interpol-red-notice-removal-legal-guide-from-an-interpol-red-notice-removal-lawyer-chinese/) - 作者：尼尔斯·普雷肖 本人系加拿大温哥华执业律师。除诉讼业务外，我为全球个人提供国际刑警组织（”INTERPOL”）红色通缉令撤销申请的法律协助。 国际刑警组织致力于促进全球警务合作，为其196个成员国的执法机构提供支持，共同打击包括恐怖主义、网络犯罪及人口贩卖在内的国际犯罪。该组织总秘书处负责日常事务协调，现任秘书长为瓦尔德西·乌尔基萨先生。国际刑警组织由警务人员与文职人员共同组成，总部设于法国里昂。 国际刑警组织无权实施逮捕。 国际刑警组织196个成员国均可发布多种不同类型的彩色通告： https://www.interpol.int/en/Search-Page?search=Notices 最常见的是红色通缉令，即要求全球执法机构定位并临时逮捕某人，以待引渡、移交或采取类似法律行动。 红色通缉令通常基于请求国司法机关签发的逮捕令或法庭命令，针对涉嫌犯有谋杀、强奸、虐待儿童或武装抢劫等”严重普通法罪行”的个人。该通缉令旨在为引渡目的定位嫌疑人。红色通缉令通常有效期为五年，但可由请求国申请续期。 尽管国际刑警组织官网设有可公开检索的”通缉人员”栏目，但2022年约69,000份有效红色通缉令中仅有7,500份对公众可见。国际刑警组织的扩散通报（详见下文）则完全未在官网公示。 据国际刑警组织披露，2024年共发布逾15,500份红色通缉令： https://www.interpol.int/en/How-we-work/Notices/About-Notices 国际刑警组织《数据处理规则》第83条规定了发布红色通缉令的具体条件。不得因涉及下列指控或定罪而发布红色通缉令： 行为或文化规范。例如卖淫或损害名誉的罪行； 涉及家庭/私人事务的罪行。例如通奸、重婚/一夫多妻或同性恋行为； 源于违反行政性质法律法规或私人纠纷的罪行，除非该犯罪活动旨在协助严重犯罪或涉嫌与有组织犯罪有关联。例如交通违规、诽谤或开具无资金支票（除非开具支票时存在欺诈或恶意意图）；以及 国际刑警组织章程第3条严禁该组织从事任何政治性质的干预或活动。 尽管存在这些要求，我仍经常接到个人联系，要求删除其红色通缉令，他们声称该通缉令被不当发布。 其他常见通告类型 除红色通缉令外，还存在： 蓝色通告：为收集与刑事调查相关的个人身份、行踪或活动信息而发布。 在国际刑警组织档案控制委员会近期的一项裁决（2025年——裁决摘要第4号）中，某人因被错误指认而向委员会申请删除蓝色通缉令及所有相关数据。该蓝色通缉令的发布目的是为定位此人并通知其在成员国面临毒品指控。 一名证人指认该个人曾威胁其并试图胁迫其运输毒品。 最终国际刑警组织拒绝删除蓝通告，认定申请国已遵守国际刑警组织规则，该个人可返回成员国通过司法程序抗辩指控； 绿色通告：警示可能威胁公共安全的犯罪活动人员。 在近期裁决（2025-第3号裁决摘要）中，某人向委员会申请删除绿色通告及所有相关数据，理由是该通告处理数据的影响与其处理目的之间缺乏比例性。 该绿通告系成员国指控该个人涉毒、伪造及盗窃活动，构成全球公共安全潜在威胁而申请发布。 该个人有六项前科记录，最近一次因抢劫罪被捕是在2015年。 最终，国际刑警组织委员会决定，除非请求国能证明保留该通告符合其本国法律，否则绿色通告应在30天内删除； 银通告：国际刑警组织近期推出的试点项目，约有五十个国家参与。该通告旨在识别和追踪涉嫌通过犯罪手段获取的资产。 2025年1月，国际刑警组织发布了首份银色通告。该通告由意大利提出，旨在追查意大利黑手党高层成员的资产信息。 截至2025年6月底，全球已发布逾50份银色通告，预计后续数量将持续增加。 国际刑警组织扩散通告 与通告不同，扩散通告是国际刑警组织成员国之间非正式的合作与信息共享请求。不同于红色通告，扩散通告可由成员国直接向特定国家或全体国际刑警组织成员国发布。 扩散通告遵循国际刑警组织色彩编码体系，包含红色、蓝色、绿色及银色四类，且均须符合《国际刑警组织章程》及《数据处理规则》。 根据泰德·布罗蒙德2025年7月政策报告（《滥用国际刑警组织如何助长跨国镇压》）显示，2023年国际刑警组织成员国共发布11,709份红色通缉令扩散通知。 国际刑警通告系统的滥用指控 关于通告系统的滥用指控层出不穷： 中国、俄罗斯和委内瑞拉均被指控定期使用红色通缉令追捕和骚扰逃离迫害的异见人士； 俄罗斯多次要求对美国赫米蒂奇资本管理公司首席执行官比尔·布劳德发布红色通缉令。国际刑警组织以通缉令主要具有政治性质为由拒绝执行。布劳德随后被莫斯科法院以逃税罪缺席审判并定罪，此后他出版了题为《红色通缉令：金融巨鳄、谋杀案与正义之战》的著作，记录了这段经历。 2020年6月，伊朗以涉嫌参与刺杀卡西姆·苏莱曼尼为由，对唐纳德·特朗普及另外三十五名美国政要和军方官员发出逮捕令，并要求国际刑警组织发布红色通缉令； 中东（及其他地区）的威权政府被指控滥用红色通缉令机制，将行政性质案件（如民事债务指控、房贷拖欠甚至支票拒付）或私人纠纷（如民事诉讼案件）纳入通缉范围； 各国还曾不当申请针对公开批评本国专制政权的个人、政治异见者、人权捍卫者乃至记者的红色通缉令，声称这些人员涉嫌腐败或财务违规等普通罪行； 2022年，国际刑警组织驳回印度针对锡克教分离主义组织创始人古尔帕万特·辛格·潘努姆的红色通缉令申请，因其具有政治性质； 据《红色通缉令观察》披露，任何批评土耳其埃尔多安政府的人士都将立即被监禁。该机构进一步指称，每当境外记者或活动人士批评总统/政府，土耳其便会申请红色通缉令； 菲律宾因家庭法纠纷不当申请红色通缉令而受到指控； 2021年，一名仅以”H“代称的中国商人根据中国申请的红色通缉令在法国被拘留。H正在等待法国引渡听证会时，据称接到阿里巴巴创始人、中国亿万富翁马云的电话，施压要求H自愿返回中国； 2012年，日本针对反捕鲸先驱保罗·沃森发出红色通缉令。沃森因涉嫌于2010年2月登临日本捕鲸船”湘南丸2号”并投掷”臭弹”而遭日本通缉。包括袭击罪在内的指控最高可判处15年监禁。 2024年7月，沃森在格陵兰岛依据通缉令被捕，但因丹麦未能获得足够保证（即其在押时间可从日本未来判刑中扣除），五个月后获释。 2025年7月，国际刑警组织撤销了对沃森的红色通缉令。其律师声明指出该通缉令不符合国际刑警组织标准，理由包括指控性质严重失当、涉嫌事件发生时效已久、丹麦拒绝引渡以及多国拒绝执行日本的逮捕或引渡请求。 尽管如此，日本对沃森的逮捕令依然有效。 国际刑警组织的丑闻 国际刑警组织同样难逃内部丑闻： 2015年6月，因腐败指控，国际刑警组织暂停了与国际足球联合会（FIFA）的体育诚信协议； 前国际刑警组织主席、中国公民孟宏伟因受贿于2020年1月被判处13年半有期徒刑； 2021年11月，阿联酋少将艾哈迈德·纳赛尔·拉伊西当选国际刑警组织主席，任期四年，尽管他被指控在阿联酋负责酷刑和任意拘留个人。阿联酋强烈否认了这些指控； 
- [Eliminación de la notificación roja de INTERPOL: guía legal de un abogado especializado en la eliminación de notificaciones rojas de INTERPOL](https://kornfeldllp.com/2025/09/interpol-red-notice-removal-legal-guide-from-an-interpol-red-notice-removal-lawyer-spanish/) - Escrito por Nils Preshaw Soy abogado en Vancouver, Canadá. Además de mi práctica litigiosa, ayudo a personas de todo el mundo con las solicitudes de eliminación de las notificaciones rojas de la Organización Internacional de Policía Criminal (INTERPOL). INTERPOL facilita la cooperación policial a nivel mundial y brinda apoyo a los organismos encargados de hacer
- [INTERPOL Kırmızı Bülten Kaldırma: INTERPOL Kırmızı Bülten Kaldırma Avukatından Hukuki Rehber](https://kornfeldllp.com/2025/09/interpol-red-notice-removal-legal-guide-from-an-interpol-red-notice-removal-lawyer-turkish/) - Nils Preshaw tarafından yazıldı Kanada’nın Vancouver kentinde avukatlık yapmaktayım. Dava avukatlığı faaliyetlerimin yanı sıra, Uluslararası Ceza Polisi Örgütü’nün (“INTERPOL”) Kırmızı Bültenlerinin kaldırılması için başvuruda bulunan kişilere dünya çapında yardım ediyorum. INTERPOL, küresel polis işbirliğini kolaylaştırır ve 196 üye ülkenin kolluk kuvvetlerine terör, siber suçlar ve insan kaçakçılığı dahil olmak üzere uluslararası suçlarla mücadele konusunda destek
- [Удаление красного уведомления Интерпола: юридическое руководство от адвоката по удалению красных уведомлений Интерпола](https://kornfeldllp.com/2025/09/interpol-red-notice-removal-legal-guide-from-an-interpol-red-notice-removal-lawyer-russian/) - Автор Нильс Прешоу Я являюсь адвокатом в Ванкувере, Канада. Помимо судебной практики, я помогаю людям по всему миру с подачей заявлений об удалении красных уведомлений Международной организации уголовной полиции (INTERPOL). INTERPOL содействует глобальному сотрудничеству полиции и оказывает поддержку правоохранительным органам каждой из 196 стран-членов в борьбе с международной преступностью, включая терроризм, киберпреступность и торговлю людьми.
- [INTERPOL Red Notice Removal: Legal Guide from an Interpol Red Notice Removal Lawyer](https://kornfeldllp.com/2025/09/interpol-red-notice-removal-legal-guide-from-an-interpol-red-notice-removal-lawyer/) - Nils Preshaw helps clients worldwide challenge and remove improper INTERPOL Red Notices. Contact for assistance.
- [BC Court of Appeal Victory in Alderbridge Way Case](https://kornfeldllp.com/2025/09/bc-court-of-appeal-victory-in-alderbridge-way-case/) - Our litigation team achieved a major appellate victory this week.
- [Welcome 2025-2026 Articled Students](https://kornfeldllp.com/2025/08/welcome-2025-2026-articled-students/) - We are so pleased to welcome back Olivia Armstrong and Calvin Speedie, who completed summer articles at Kornfeld in 2024 and return as articled students. We’re excited to have them with us and look forward to their growth and contributions to the firm this year!
- [Farewell to our 2025 summer students](https://kornfeldllp.com/2025/08/farewell-to-our-2025-summer-students/) - Our exceptional summer students, Emily Leung and Adam Mawji, have completed their work experience this summer. We wish them all the best in their upcoming 3rd year of law school, and look forward to them returning to article with us in 2026.
- [Challenging witnesses’ credibility in Canadian civil cases](https://kornfeldllp.com/2025/08/challenging-witnesses-credibility-in-canadian-civil-cases/) - Lessons from major BC property disputes on exposing fabricated evidence, managing witnesses & proving fraud in court.
- [Kornfeld Welcomes New Partner Mihai Ionescu](https://kornfeldllp.com/2025/05/kornfeld-welcomes-new-partner-mihai-ionescu2/) - Kornfeld is excited to welcome Mihai Ionescu to the partnership, in a move which further increases the firm’s bench strength in our Corporate Commercial and Corporate Finance & Securities practice groups. In his 20+ years of practice, Mihai has gained significant expertise in the areas of corporate finance and securities law, commercial transactions and lending and secured
- [Buying U.S. Real Estate: Q&A for Canadians](https://kornfeldllp.com/2010/04/buying-us-real-estate-qa-for-canadians/) - ***NOTE: This post has been combined into https://kornfeldllp.com/2012/03/planning-for-ownership-of-u-s-real-estate/*** Q: I live in Canada and am a Canadian citizen. If I purchase a property in the United States will I be subject to United States taxes? A: Yes. If the US property which you own is rented, you will be subject to US income taxation
- [Kornfeld LLP Adds a Partner](https://kornfeldllp.com/2025/01/2025-01-kornfeld-llp-adds-a-partner-2/) - We are delighted to announce that Jon del Castillo has recently become a partner at Kornfeld LLP. Jon maintains a broad solicitor practice with a focus on corporate commercial and real estate matters. He assists clients with the establishment of business entities, share and asset purchase agreements, corporate reorganizations, commercial lending and borrowing, and commercial
- [The Curative Provision in Section 43(6) of the Personal Property Security Act: How Misleading is a Seriously Misleading Error?](https://kornfeldllp.com/2004/05/the-curative-provision-in-section-436-of-the-personal-property-security-act-how-misleading-is-a-seriously-misleading-error/) - For a PDF version of this article, click here. The Personal Property Security Act, R.S.B.C. 1996, c. 359 (the “PPSA”), came into force in October 1990. It modernizes and consolidates the law of personal property as security for debt in a single provincial statute. The PPSA contemplates a single central registration system whereby lenders and
- [The Prospects of a Successful Claim Against Auditors in Fraud](https://kornfeldllp.com/2004/05/the-prospects-of-a-successful-claim-against-auditors-in-fraud/) - Assistance of my former colleague Tricia Auton is gratefully acknowledged. This post was published in Vancouver Bar Association‘s The Advocate, May 2004 For a PDF version of this article, click here. Introduction In the vast majority of professional liability cases involving erroneous financial statements, auditors are accused of negligence for failing to detect and report on accounting
- [Jurisdictional Issues in Electronic Commerce: A Canadian Perspective](https://kornfeldllp.com/2004/12/jurisdictional-issues-in-electronic-commerce-a-canadian-perspective/) - For a PDF version of this article, click here. Introduction Governments, the private sector, the media, and academicians have defined electronic commerce (“e-commerce”) in a variety ways. Narrowly defined, e-commerce refers to sales or purchases transacted over open or public networks, such as the Internet, independent of whether the payment is made on the network.
- [Wills Variation Claims Involving Independent Adult Children](https://kornfeldllp.com/2005/01/wills-variation-claims-involving-independent-adult-children/) - This article is also available as a PDF Introduction Claims by and involving adult children since Canada’s landmark wills variation decision in Tataryn v. Tataryn Estate, [1994] 2 S.C.R, 807; [1994] S.C.J. No. 65 fall into two main categories, each carrying with it its own particularities. I have classified these for convenience as follows: Claims
- [Wills Variation and the Blended Family: Who Wins, Who Loses?](https://kornfeldllp.com/2005/01/wills-variation-and-the-blended-family-who-wins-who-loses/) - For a PDF version of the article, click here. Introduction Claims by opposing members of blended families((Tataryn v. Tataryn Estate, [1994] 2 S.C.R. 807)) are among the most common estate disputes of modern times((Tataryn v. Tataryn Estate, [1994] S.C.J. No. 65)). Relatively few contemporary cases involve disputes solely among members of a single immediate family.
- [Bad Faith Damages in Wrongful Dismissal Cases: Post Wallace Jurisprudence](https://kornfeldllp.com/2006/05/bad-faith-damages-in-wrongful-dismissal-cases-post-wallace-jurisprudence/) - Prior to the Supreme Court of Canada’s landmark decision in Wallace v. United Grain Growers Ltd.,1 in a case of wrongful dismissal, damages were limited to the earnings lost during the period of reasonable notice to which the employee was entitled and did not include damages for the manner of dismissal, for injured feelings, or
- [Notice extension for bad faith dismissal: “a remedy divorced from the wrong”](https://kornfeldllp.com/2006/10/notice-extension-for-bad-faith-dismissal-a-remedy-divorced-from-the-wrong-2/) - 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 law
- [Notice Extension for Bad Faith Dismissal: A Remedy Divorced From the Wrong](https://kornfeldllp.com/2006/10/notice-extension-for-bad-faith-dismissal-a-remedy-divorced-from-the-wrong/) - The effect of the decision of the Supreme Court of Canada in Wallace v. United Grain Growers Ltd.1 is irrefutably significant in the development of the law of wrongful dismissal in Canada. In Wallace, the Supreme Court reviewed the law of wrongful dismissal in the context of the manner of dismissal by the employer and
- [Removing, Adding or Substituting a Party After Judgment or a Final Order: Can it be Done, and When?](https://kornfeldllp.com/2007/03/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 at
- [Demand Futility in Derivative Action Cases](https://kornfeldllp.com/2009/07/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.
- [Uncertanties Inherent in Synthetic CDOs/Credit Default Swaps](https://kornfeldllp.com/2009/08/uncertanties-inherent-in-synthetic-cdoscredit-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 swap
- [Empowering Canadian Corporations to Limit Personal Liability of Directors](https://kornfeldllp.com/2009/09/empowering-canadian-corporations-to-limit-personal-liability-of-directors/) - It is in the interests of society to foster a business environment in which corporations can achieve their primary objectives of raising capital, expanding earnings and improving profitability. To that end, it is necessary to attract directors who are highly competent and motivated to take risks in the best interests of the corporation. To read
- [Reasons for Proposed Corporate Law Change to Allow for 'Charter Option'](https://kornfeldllp.com/2010/03/reasons-for-change/) - This is the third in a series of posts on this subject. The full version of the article was published by the Institute of Corporate Directors in its Journal and as a web resource. Encouraging Risk-Taking The main purpose of the proposed "Charter Option" - empowering corporations to limit director liability - is to make
- [A Discharged Mortgagee Seeks An Interest In Security Posted Pursuant to Section 24 Of The Builder’s Lien Act](https://kornfeldllp.com/2010/04/a-discharged-mortgagee-seeks-an-interest-in-security-posted-pursuant-to-section-24-of-the-builders-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 for
- [New Guidelines for Reporting Equity Monetization Derivative Transactions in Canada](https://kornfeldllp.com/2010/06/new-guidelines-for-equity-monetization-derivative-transactions-in-canada/) - New guidelines assist insiders in reporting derivative-based transactions in which they are able to monetize their equity without simultaneously transferring ownership. They also serve to enhance uniformity of insider reporting requirements throughout Canada
- [How to Spend Less on your Divorce](https://kornfeldllp.com/2010/06/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%
- [Class actions become tougher to resist](https://kornfeldllp.com/2010/07/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 for
- [Pre-2007 "Subdividing" Leases Unenforceable](https://kornfeldllp.com/2010/10/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 portion
- [Courts Apply Tercon 'Duty of Fairness' beyond Tendering Situations](https://kornfeldllp.com/2010/10/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 the
- [B.C. Supreme Court Extends Application of “Good Conscience” Constructive Trusts](https://kornfeldllp.com/2010/11/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, which
- [Employers beware: The myth of temporary layoff may result in a wrongful dismissal liability](https://kornfeldllp.com/2010/12/employers-beware-the-myth-of-temporary-layoff-may-result-in-a-wrongful-dismissal-liability-2/) - 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 matter
- [Land Title Act Does Not Override Land Law Relating to Water Frontage](https://kornfeldllp.com/2010/12/land-title-act-does-not-override-land-law-relating-to-water-frontage/) - Thanks to Richard Sehmer for his assistance with this article On November 29, the British Columbia Court of Appeal released what may prove to be an important judgment on the adjustment of waterfront land boundaries as a result of either soil deposits or the ebbing of water adjacent to one’s property (“accretion”). The focus of this appeal, which
- [MFDA’s Proxy Solicitation Process Struck Down](https://kornfeldllp.com/2011/01/mfdas-proxy-solicitation-process-struck-down/) - On January 10, 2011, the British Columbia Securities Commission (the “Commission”) overturned the proxy solicitation process employed by the Mutual Fund Dealers Association of Canada (MFDA) in connection with a special meeting of its members. It is a rare case in which the governance standards of a self-regulated organization were subjected to review by a
- [Individual harm required for defamation case to succeed (Malhab v Diffusion Métromédia CMR)](https://kornfeldllp.com/2011/03/individual-injury-required-for-defamation-case-to-succeed/) - The Supreme Court of Canada, in a recent decision favouring freedom of speech, has ruled against a claim that assumed injury to groups of people from inaccurate and hurtful comments intended to malign the group. In Malhab v Diffusion Métromédia CMR, a radio show host radio host known for his provocative remarks made accusations concerning Montréal taxi drivers whose mother tongue is Arabic or
- [Parting Common Law Partners in Canada - A “Common Sense” Approach to Division of Assets](https://kornfeldllp.com/2011/04/parting-common-law-partners-in-canada-a-common-sense-approach-to-division-of-assets/) - In companion rulings made February 18, 2011, the Supreme Court of Canada clarified the law relating to property division resulting from the breakdown of a common law relationship: Kerr v Baranow; Vanasse v Séguin, 2011 SCC 10. The Court first noted that common law partners' rights were traditionally based on the principles of resulting trust
- [Use of the corporate form by an employee to bill his employer is not determinative](https://kornfeldllp.com/2011/06/use-of-the-corporate-form-by-an-employee-to-bill-his-employer-is-not-determinative/) - In Kordish v. Innotech Multimedia Corp.[1], to obtain tax advantages including the ability to deduct his expenses, Mr. Kordish formed a single shareholder corporation, Kortech Inc., and with the consent of his employer, Innotech Multimedia Corp. (the “Employer”), provided his services to the latter through this corporate vehicle. He invoiced the Employer for his services
- [Employees or Contractors? The importance of determining employment status](https://kornfeldllp.com/2011/07/the-importance-of-determining-employment-status/) - How do you determine whether a worker is an employee or a contractor? As a business owner hiring or engaging workers to provide services, it is important that you determine whether the workers providing services to your business are employees or independent contractors. Determining Employment Status: Considerations for Employers Here are some things
- [Is the “Our Team” section of your website creating a liability under the PIPA?](https://kornfeldllp.com/2011/08/is-the-our-team-section-of-your-website-creating-a-liability/) - Company websites are ubiquitous. They are a necessary form of marketing in any industry. One of the methods of exploiting the value of this medium is to use images and videos of employees as part of the advertisement: as a friendly face on display under the “Our Team” section; or as free models and actors
- [Interpreting ambiguity in commercial contracts](https://kornfeldllp.com/2011/08/interpreting-ambiguity-in-commercial-contracts/) - The importance of careful and accurate drafting of business contracts cannot be stressed enough. However, as careful as a party may be in drafting the contract and as clear as the contractual terms may appear to the parties at the time they are signing the contract, at some point during the operation of the contract,
- [Buying a business? What is your employment law liability?](https://kornfeldllp.com/2011/08/buying-a-business-what-is-your-employment-law-liability/) - Are you buying a business? Do you want to continue the business with the same employees? Success of the business may be due to the efforts of its excellent employees and you as a buyer may want to continue their employment in the hopes of attaining continued success in the business. Alternatively, you may be
- [Privacy in the Workplace: Use of spyware surveillance](https://kornfeldllp.com/2011/11/privacy-in-the-workplace-use-of-spyware-surveillance/) - Workplace use of spyware surveillance in BC The issue of employees’ misusing company computers is commonplace. In 2000, Xerox was monitoring all of its 92,000 employees’ computer usage and terminated 40 employees in the United States for accessing pornography on work time[1]. Similarly, the luxury automobile company, Rolls Royce, suspended 14 employees for inappropriate use
- [Employee's right to damages (Raymond Giza v. Sechelt School Bus Service Ltd.)](https://kornfeldllp.com/2012/03/672-2/) - 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 disenchanted
- [Advertising Alone Is Not Enough To Establish Court’s Jurisdiction in Canada](https://kornfeldllp.com/2012/05/advertising-alone-is-not-enough-to-establish-courts-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 whether
- [Live Free or Die Hard](https://kornfeldllp.com/2012/06/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 rescind
- [Opportunities under new US Offshore Voluntary Disclosure Program](https://kornfeldllp.com/2012/07/opportunities-under-new-us-offshore-voluntary-disclosure-program/) - Editor's Note: The Offshore Voluntary Disclosure Program was ended in 2018. Nevertheless, the IRS stated it "will continue to hold taxpayers with undisclosed offshore accounts accountable after the program closes." More guidance around Options Available For US Taxpayers with Undisclosed Foreign Financial Assets can be found at IRS.gov On June 26, 2012, the Internal Revenue
- [Can a Partnership be an Employer of a Partner? Fasken Martineau DuMoulin LLP v. British Columbia (HRT)](https://kornfeldllp.com/2012/10/partnership-employer-partner-fasken-martineau-dumoulin-british-columbia/) - *By Devin Lucas and Shafik Bhalloo In Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal)[1], the equity partner, John Michael McCormick, entered into a partnership agreement with Fasken Martineau DuMoulin LLP, an international law firm operating as an extra-provincial limited liability partnership registered pursuant to the Partnership Act of British Columbia. Under this
- [Enforceability of Restrictive Covenants in the Employment Context](https://kornfeldllp.com/2012/10/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 the
- [Supreme Court in securities case expands scope of consumer class actions](https://kornfeldllp.com/2013/12/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 is
- [Supreme Court of Canada Holds that Pension Benefits Should Not Diminish Damages for Wrongful Dismissal](https://kornfeldllp.com/2014/01/supreme-court-of-canada-holds-that-pension-benefits-should-not-diminish-damages-for-wrongful-dismissal/) - by Devin Lucas and Shafik Bhalloo In IBM Canada Limited v. Richard Waterman[1], Richard Waterman (“Waterman”) was employed by IBM Canada Ltd. (“IBM”) for approximately 42 years before he was dismissed on March 23, 2009 without cause. Waterman, aged 65, was given two months’ notice. Prior to his dismissal, Waterman had been a long-standing
- [Everything you always wanted to know about suspending a determination (but were too afraid to ask)](https://kornfeldllp.com/2014/04/everything-you-always-wanted-to-know-about-suspending-a-determination-but-were-too-afraid-to-ask/) - INTRODUCTION The steps to receiving a suspension when appealing a determination of the Director of Employment Standards (the “Director”) to the Employment Standards Tribunal (the “Tribunal”) can be confusing and full of potholes, so it is best to plan ahead and know the terrain. For applicants wanting to map out their route, this article will
- [Wolf in Sheep’s Clothing: Creative Non-Competition Clauses](https://kornfeldllp.com/2014/10/wolf-in-sheeps-clothing-creative-non-competition-clauses/) - By Alisha Parmar and Shafik Bhalloo Introduction Non-competition clauses are hardly a rarity in employment contracts. The classic non-competition clause seeks to protect the business of an employer by prohibiting a former employee from, generally speaking, competing with the employer once the employment relationship is terminated. It is well-established that courts are unsympathetic towards non-competition
- [The end of an era? Idle-O Apartments Inc. v. Charlyn Investments Ltd.](https://kornfeldllp.com/2015/02/the-end-of-an-era-idle-o-apartments-inc-v-charlyn-investments-ltd/) - It is rare that a reasonably straightforward statutory provision receives consideration by the Court of Appeal three times within little more than a decade. Section 73 of the Land Title Act RSBC 1996 c.250 (“LTA”) is such a provision. Those inclined to technical arguments may protest this hat-trick was actually a joint effort between section
- [The Potter Decision – When an Administrative Suspension Goes Too Far](https://kornfeldllp.com/2015/04/the-potter-decision-when-an-administrative-suspension-goes-too-far/) - The Potter Decision – When an Administrative Suspension Goes Too Far By Alisha Parmar and Shafik Bhalloo The Potter Decision – When an Administrative Suspension Goes Too Far Constructive dismissal is a fascinating concept for employment lawyers, employees, and employers alike. When an employer is found to have “constructively dismissed” an employee, it
- [The new Family Law Act- One Way to Lose Your Exclusion](https://kornfeldllp.com/2015/05/the-new-family-law-act-one-way-to-lose-your-exclusion/) - Under the Family Law Act, S.B.C. 2011, c. 25 (the “FLA”), unless property is “excluded property”, property owned by at least one spouse upon separation is family property and presumptively to be equally divided. “Excluded property” includes property which is owned by one of the spouses before the relationship began, inheritances to a spouse and
- [The Price of Termination - Dependent Contractors in the Workplace](https://kornfeldllp.com/2015/06/dependent-contractors-in-the-workplace-keenan-v-canac-kitchens/) - 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 for
- [Options to Renew: Key Points to Consider in Lease Renewals](https://kornfeldllp.com/2015/07/options-to-renew-key-points-to-consider-in-lease-renewals/) - The Supreme Court of British Columbia recently clarified lease renewal rights in the context of a commercial lease in The Zone Bowling Centre (2002) Ltd. v. 14100 Entertainment Blvd. Investments Ltd., 2015 BCSC 524. What do the courts tell us about lease renewal rights? The decision stresses the importance of parties to a
- [Mitigation and Offers of Re-employment: Fredrickson v. Newtech Dental Laboratory Inc.](https://kornfeldllp.com/2015/10/mitigation-and-offers-of-re-employment-fredrickson-v-newtech-dental-laboratory-inc/) - When an employee is wrongfully dismissed and the court determines that the employee is entitled to damages in lieu of reasonable notice, the employer will almost always argue that the employee was required to mitigate those damages and failed. In essence, the employer will allege that the employee failed to take reasonable steps to obtain
- [Baby Boomers and "Grey" Divorces](https://kornfeldllp.com/2016/02/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 a
- [Kornfeld LLP congratulates counsel Dan Parlow, Shane Coblin and Nils Preshaw](https://kornfeldllp.com/2019/05/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 2012
- [How it’s Done--from Articles to Associate to Partner](https://kornfeldllp.com/2019/09/how-its-done-from-articles-to-associate-to-partner/) - For law firm associates, making partner can seem like a long road. At Kornfeld LLP, that path may be more straightforward than one would expect. Jordan Langlois was invited in as a full partner within five years of joining Kornfeld LLP as an associate lawyer. He earned the invitation by demonstrating a strong commitment to
- [Why Now More Than Ever Arbitration is an Attractive Alternative to Litigation](https://kornfeldllp.com/2020/09/why-now-more-than-ever-arbitration-is-an-attractive-alternative-to-litigation-2/) - 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 and
- [Precarious Work in the Modern Gig Economy: Charting a Path for Future Class-Action Litigation in Canada](https://kornfeldllp.com/2021/03/precarious-work-in-the-modern-gig-economy/) - 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 the
- [When a manager is not a manager: Manager liability for overtime or extra pay](https://kornfeldllp.com/2012/09/when-a-manager-is-not-a-manager-employers-beware-of-liability-for-overtime-or-extra-pay-by-shafik-bhalloo/) - What does the Employment Standards Act say about overtime wage for managers? Section 40 of the British Columbia Employment Standards Act (the “Act”) delineates overtime wage requirements for employees who work over 8 hours per day or 40 hours per week. It states: 40. (1) An employer must pay an employee who works over
- [Avoiding Double Gifts Under the New Wills Law](https://kornfeldllp.com/2016/07/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 if
- [LAYOFF: The landscape in British Columbia](https://kornfeldllp.com/2020/03/layoff-the-landscape-in-british-columbia/) - Print version available here. In British Columbia, B.C. Employment Standards Act1 (“B.C. ESA”) governs the relationship between employers and employees with respect to their rights governing the practice of administrative suspension for economic reasons, commonly known as temporary layoffs. B.C. ESA, however, only provides a part of the picture and to complete that picture, one must
- [Changes to the Employment Standards Act related to COVID-19](https://kornfeldllp.com/2020/03/changes-to-the-employment-standards-act-related-to-covid-19/) - On March 23, 2020, the Employment Standards Amendment Act (No. 2), 2020 received Royal Assent. Here are the highlights of the amendments now in force: Unpaid leave for personal illness or injury S. 49.19 is added to the Employment Standards (the “ESA”) to provide for unpaid leave of up to 3 days in each employment
- [Tips for the LSAT from a former test tutor (and now lawyer)](https://kornfeldllp.com/2020/12/tips-for-the-lsat-from-a-former-test-tutor-and-now-lawyer/) - As any prospective applicant to law school in North America (and Australia) knows, the Law School Admission Test (or “LSAT”) is a required half-day test you must take before applying to law school. The LSAT is administered seven times a year at official locations around the world. The test had existed since about 1948 and
- [COVID-19: Loss of the Market for the Kind of Work the Employee was Hired to do Does Not Frustration Make.*](https://kornfeldllp.com/2021/11/covid-19-loss-of-the-market-for-the-kind-of-work-the-employee-was-hired-to-do-does-not-frustration-make/) - While it is trite to say that all industries have been affected by the COVID-19 pandemic, very few have been as hard hit as the travel industry. With government-imposed travel restrictions including border closures in Canada and the US since March 2020, travel to and from Canada was brought to a near standstill until recently
- [Shane Coblin and Devin Lucas successful in having court declare an attempt to certify a class action, after years of delay, an abuse of the court process.](https://kornfeldllp.com/2021/11/shane-coblin-and-devin-lucas-successful-in-having-court-declare-an-attempt-to-certify-a-class-action-after-years-of-delay-an-abuse-of-the-courts-process/) - Congratulations to Shane Coblin and Devin Lucas for their success in this matter. After approximately six years of delay, the Plaintiff in this putative class action sought to significantly amend its claim to expand the class definition, add new claims of negligence claiming damages for pure economic loss resulting from dangerous defects, and to add
- [Temporary Layoff: A Comparative Review of the Law across British Columbia, Alberta, and Ontario](https://kornfeldllp.com/2020/03/temporary-layoff-a-comparative-review-of-the-law-across-british-columbia-alberta-and-ontario/) - Print version available here . I. INTRODUCTION In a fluctuating economy, an employer may search for ways to cut costs, if it is to survive. One consideration the employer may make is to temporarily layoff some of its employees during the slow period. Layoff, generally speaking, is a practice that temporarily suspends –not terminates– the
- [The Case for Empowering Canadian Corporations to Limit Directors’ Personal Liability: Revisiting the “Charter Option”](https://kornfeldllp.com/2010/01/the-case-for-empowering-canadian-corporations-to-limit-directors-personal-liability-revisiting-the-charter-option/) - Print version available here. This article was published by the Institute of Corporate Directors in its Journal and as a web resource. THE CASE FOR EMPOWERING CANADIAN CORPORATIONS TO LIMIT DIRECTORS’ PERSONAL LIABILITY: REVISITING THE “CHARTER OPTION”((I gratefully acknowledge the assistance of my associate Gareth Carline in the organization and flow of this article.)) “[D]irectors
- [Bad faith damages in wrongful dismissal cases: Post Wallace jurisprudence](https://kornfeldllp.com/2010/01/bad-faith-damages-in-wrongful-dismissal-cases-post-wallace-jurisprudence-2/) - Print version available here. This post was published by Vancouver Bar Association's The Advocate. Introduction Prior to the Supreme Court of Canada’s landmark decision in Wallace v. United Grain Growers Ltd.,((Wallace v. United Grain Growers Ltd. [1997] 3 S.C.R. 701)) in a case of wrongful dismissal, damages were limited to the earnings lost during the period
- [Rationale for the Current Canadian Regime of Director Liability](https://kornfeldllp.com/2010/01/rationale-for-the-current-canadian-regime-of-director-liability/) - This is the second in a series of posts on this subject. The full version of the article was published by the Institute of Corporate Directors in its Journal and and as a web resource. The mood prevailing upon enactment of Canada's contemporary corporate law was to make directors more, rather than less, accountable in
- [New Rule Change on Document Discovery Will Affect Litigants' Rights and Counsel's Ethical Responsibility](https://kornfeldllp.com/2010/03/new-rule-change-on-document-discovery-will-affect-litigants-rights-and-counsels-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 framed
- [Concluding the Case for Allowing Corporations to Limit Directors' Personal Liability](https://kornfeldllp.com/2010/04/concluding-the-case-for-allowing-corporations-to-limit-directors-personal-liability/) - This is the fourth and final post in a series of posts on this subject. The full version of the article was published by the Institute of Corporate Directors in its Journal and as a web resource. Bad Faith and Self-Dealing I would not allow corporations to exonerate directors in the event of bad faith,
- [Role of an Effective Mediator - The Mediator as a Facilitator](https://kornfeldllp.com/2011/01/role-of-an-effective-mediator-the-mediator-as-a-facilitator/) - Herb Silber is a graduate of the Harvard School of Negotiation Mediation Program As an effective mediator, one needs to be able to facilitate the dialogue between the parties. This may be the only time the parties have faced each other since the dispute arose. Thus, the effective mediator must try to keep the
- [Shareholders' Agreements: parties to "Shotgun" Clauses Could be in for a Shock](https://kornfeldllp.com/2011/02/shareholders-agreements-parties-to-shotgun-clauses-could-be-in-for-a-shock/) - Shareholders' Agreements: Zeubear Investments Ltd. v. Magi Seal Corporation 2010 ONCA 825 (December 7, 2010), a decision of the Ontario Court of Appeal, is a reminder to pay close attention to the potentially different interpretations in “shotgun clauses”. Shotgun clauses are generally inserted in shareholders’ agreements as an exit provision. One party offers to purchase
- [The Mediator as Transmitter and Translator of Information](https://kornfeldllp.com/2011/03/the-mediator-as-transmitter-and-translator-of-information/) - Herb Silber is a graduate of the Harvard School of Negotiation Mediation Program As mentioned in my earlier post The Mediator as a Facilitator, one of the challenges in mediation is how to deal with the breakdown in communication and trust between the parties. As is often the case, they may not have spoken since
- [Settlements between some, but not all, parties to a dispute](https://kornfeldllp.com/2011/06/settlements-between-some-not-all-parties-dispute/) - A seemingly counter-intuitive process has just come a bit closer to being the final law of Canada. We often act for clients who are asserting or defending claims against multiple parties. These can arise in a myriad of situations, for instance: claims by purchasers of land may target the buyer's lawyer and realtor as well
- [Role of an Effective Mediator - Separating Positions from Interests](https://kornfeldllp.com/2011/07/role-of-an-effective-mediator-separating-positions-from-interests/) - Herb Silber is a graduate of the Harvard School of Negotiation Mediation Program An effective Mediator knows that often the parties’ bargaining positions are not reflective of what truly stands behind their positions. While on the surface it may seem that the issue is simply dollars and cents, the fact is that their positions are
- [Personal liability for directors and officers under section 96 of the Employment Standards Act](https://kornfeldllp.com/2011/08/directors-and-officers-of-a-corporation-beware-of-personal-liability-under-section-96-of-the-employment-standards-act/) - The Employment Standards Act (“the Act”) delineates the minimum standards that apply in most workplaces in British Columbia. It governs the employment of all employees -casual, probationary or temporary- within provincial jurisdiction, whether employed in a full time or part time capacity. The Act will not apply where the employee is a person excluded from
- [Common or Associated Employer Determination: What does this mean for you?](https://kornfeldllp.com/2011/09/common-or-associated-employer-determination-what-does-this-mean-for-you/) - Common or Associated Employer Determination: Businesses engaged in a single undertaking may, in the interest of minimizing their legal risk or tax planning, conduct their business using separate legal entities. For example, a business may hold its assets in one corporate entity but hire and pay employees using a separate corporate entity that does not
- [Deducting overpayment from employee paycheques: What employers need to know](https://kornfeldllp.com/2011/10/deducting-wages-from-an-employees-paycheque-for-a-past-overpayment-what-you-should-know-as-an-employer/) - If you are an employer and you have made an overpayment to your employee, whether or not that overpayment was “wages” or benefits, can you unilaterally deduct that overpayment from the employee’s wages? Section 21 of the Employment Standards Act (“ESA”) provides that “an employer must not, directly or indirectly, withhold, deduct or require payment
- [Right of Privacy in the workplace not absolute](https://kornfeldllp.com/2011/10/right-of-privacy-in-the-workplace-not-absolute-2/) - In British Columbia, the Privacy Act (“Act”) enacted in 1968 was the first in the country. It created a statutory tort or civil right of action for an invasion of privacy when the common law did not. Section 1 of the Act reads: Violation of Privacy Actionable 1 (1) It is a tort, actionable without proof
- [Minimum Wage Rate in British Columbia](https://kornfeldllp.com/2011/11/minimum-wage-rate-in-british-columbia/) - How much is the minimum wage in BC? Minimum wage applies to all employees regardless of how they are paid-hourly, salary, straight or partial commission basis or other incentive basis. As of November 1, 2011, the second of a three-stage increase in the minimum wage in British Columbia to $9.50 per hour took effect. At
- [Common Law Tort of Invasion of Privacy](https://kornfeldllp.com/2012/02/common-law-tort-of-invasion-of-privacy/) - Common Law Tort of Invasion of Privacy: while British Columbia, Saskatchewan, Manitoba and Newfoundland all have general privacy legislation creating a statutory tort or civil right of action for invasion of privacy, most other Canadian jurisdictions do not have comparable legislation although they may have some statutory administrative schemes that govern and regulate privacy issues
- [Off-duty conduct of an employee may constitute just cause for dismissal](https://kornfeldllp.com/2012/02/off-duty-conduct-of-an-employee-may-constitute-just-cause-for-dismissal/) - Can an employer discipline or terminate an employee for cause for her off-duty conduct? This question, no doubt, was at the forefront of some employers’ thoughts after the Stanley Cup riot in Vancouver, particularly after viewing their employees pictures in the local newspapers or police website or seeing them prominently featured on live or taped
- [Service of Process by Facebook and other social media](https://kornfeldllp.com/2012/03/service-of-process-by-facebook/) - 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 legal
- [Ownership of US real estate: Some things to consider](https://kornfeldllp.com/2012/03/planning-for-ownership-of-u-s-real-estate/) - Planning for ownership of U.S. real estate Introduction If you have not yet received this call, you will. “My wife/husband and I were in Scottsdale/Palm Springs/Maui last week and signed a contract for a town house/single family home/condominium. How should we own it?” This article will tell you what to say. Welcome to the US
- [Executor Conflict of Interest and the Administrator Pendente Lite - Considerations in Challenging the Validity of a Will in British Columbia](https://kornfeldllp.com/2012/03/executor-conflict-of-interest-and-the-administrator-pendente/) - 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 the
- [Forum Non Conveniens - When Our Courts Pass The Buck](https://kornfeldllp.com/2012/05/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 recent
- [Fixed severance entitlement... employee duty to mitigate?](https://kornfeldllp.com/2012/07/does-an-employee-have-a-duty-to-mitigate-where-there-is-a-fixed-severance-entitlement-set-out-in-the-contract-and-no-corresponding-provision-imposing-an-express-requirement-to-mitigate-2/) - Does an employee have a duty to mitigate where there is a fixed severance entitlement set out in the contract and no corresponding provision imposing an express requirement to mitigate? In Bowes v. Goss Power Products Ltd.[1], the employee, Peter Bowes, entered into a written employment contract with Goss Power Products Ltd. in September 2007.
- [Remedy of Reinstatement: The quintessential “make whole” remedy or a fiction?](https://kornfeldllp.com/2012/09/remedy-of-reinstatement/) - By Shafik Bhalloo* Like the mythical sasquatch, the Loch Ness monster, or the abominable snowman, most of us have heard of it and some of us have read about it, but never have we seen the remedy of reinstatement in section 79(2)(b) of the Employment Standards Act (the “Act”) actually occur. Section 79(2)(b) provides:
- [Supreme Court rules that employees have a reasonable expectation of privacy in the workplace](https://kornfeldllp.com/2013/01/supreme-court-rules-that-employees-have-a-reasonable-expectation-of-privacy-in-the-workplace-3/) - By Shafik Bhalloo In a recent criminal decision, R. v. Cole [1], the Supreme Court of Canada provided much needed guidance on when an employee may reasonably expect data stored on his work issued computer will be treated as private. In this case, a high school teacher, who also worked with the school’s IT department
- [Joint Retainers - Planning for Potential Conflicts](https://kornfeldllp.com/2013/03/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 out
- [Limiting Common Law Notice in Employment Contracts](https://kornfeldllp.com/2013/08/limiting-common-law-notice-in-employment-contracts/) - Limiting Common Law Notice in Employment Contracts By Shafik Bhalloo and Devin Lucas It is settled law in Canada that an employer may displace an employee’s right under the common law to reasonable notice of termination by contracting to a lesser notice or severance entitlement. However, the notice or severance period must meet the statutory
- [Employment Contracts and Fresh Consideration](https://kornfeldllp.com/2013/09/employment-contracts-and-fresh-consideration/) - Employment Contracts and Fresh Consideration By Shafik Bhalloo, Sasha Ramnarine, Devin Lucas What is "consideration" in a contract? An essential element in the formation and enforceability of any contract is consideration. Each party receives a benefit from the contract and may suffer corresponding detriment. This benefit and detriment are referred to as consideration.
- [Strategies at the time the arbitration clause is negotiated](https://kornfeldllp.com/2013/12/strategies-at-the-time-the-arbitration-clause-is-negotiated/) - 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]. That
- [Arbitration: Strategies at the time a dispute arises](https://kornfeldllp.com/2014/01/strategies-at-the-time-the-dispute-arises/) - In my last article I looked at what could be done at the time the arbitration clause is negotiated to advance the efficiency and cost effectiveness of the Arbitration. How that process ends up will be a harbinger as to what can or cannot be done at the next stage, when the dispute arises. Regardless, what is
- [Strategies during the Arbitration](https://kornfeldllp.com/2014/03/strategies-during-the-arbitration/) - This is the third and final installment in the series on the topic of how arbitrations can be made more cost effective and efficient. The previous two articles considered strategies that could be deployed at the time the arbitration clause is negotiated and inserted in an agreement and strategies at the time the arbitration dispute arises.
- [Opening the Door for Intrusion upon Seclusion: The Common Law Tort of Invasion of Privacy and what it means for Employers](https://kornfeldllp.com/2014/09/opening-the-door-for-intrusion-upon-seclusion-the-common-law-tort-of-invasion-of-privacy-and-what-it-means-for-employers-2/) - INTRODUCTION In today’s workplace, privacy is an evolving issue and Canadian privacy law is developing rapidly. Perhaps surprisingly, only a handful of Canadian jurisdictions, (including British Columbia, Saskatchewan, Manitoba and Newfoundland) have privacy legislation that creates a statutory tort or civil right of action for invasion of privacy. Until recently, most Canadian jurisdictions could
- [Arbitration Caution: Be Careful about How You Conduct Yourself](https://kornfeldllp.com/2015/01/arbitration-caution-be-careful-about-how-you-conduct-yourself/) - In my last Case Comment, I examined some of the elements of the recent watershed Supreme Court of Canada decision, Sattva Capital Corp v. Creston Moly Corp, which provides a complete compendium on the application of the principles that are engaged where leave to appeal an arbitration award to the British Columbia Supreme Court is sought.
- [Is it Time to Expand Your Company's Board of Directors?](https://kornfeldllp.com/2015/03/is-it-time-to-expand-your-board/) - Many companies start their lives as closely-held entities with few shareholders and only one director, who is often the company’s founder and/or principal shareholder. However, as your company grows you may find that you feel uncomfortable being the sole decision-maker, or that others are asking you to add more directors. Of course, if your company
- [Selecting Directors of a Company](https://kornfeldllp.com/2015/03/selecting-directors-of-a-company/) - In a previous article, we considered some of the situations in which a closely-held company might wish to expand its board. This article will go on to consider how to identify possible board members. What are some things you should consider when selecting candidates for a company board? Selecting board candidates is a
- [Can an Arbitrator conduct his or her own Research? (Part 1)](https://kornfeldllp.com/2015/03/can-arbitrator-conduct-own-research-part-1-facts/) - This topic can be divided into two parts - research of the facts and research of the law. This post will focus on whether an Arbitrator can conduct independent research of the facts outside of the evidence presented at the Arbitration. To read about the part of this question that deals with legal research, see
- [Can an Arbitrator conduct his or her own Research? (Part 2)](https://kornfeldllp.com/2016/03/can-arbitrator-conduct-own-research-part-2-legal/) - 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 his
- [Looking at Woodward’s: 10 years later](https://kornfeldllp.com/2019/10/woodwards-10-years-later/) - Built in 1903, when there were 60,000 people living in the city, Woodward’s was geographically split between the premier downtown shopping destinations to the west and the concentration of transient housing and brothels to the east, providing goods to working- and middle-class residents. The original building’s history itself runs analogous to that of the City
- [Kornfeld LLP welcomes Jennifer Lowson to our team!](https://kornfeldllp.com/2020/03/kornfeld-llp-welcomes-jennifer-lowson-to-our-team/) - At Kornfeld, Jennifer Lowson will assist clients with their private company transaction and business needs – from buying and selling shares or assets, incorporating a new company or registering a limited partnership, or negotiating and drafting a shareholders’ agreement or commercial contract. Helping people reach their business goals is what motivates her practice. “I like
- [Why fraud increases during an economic recession](https://kornfeldllp.com/2020/04/why-fraud-increases-during-an-economic-recession/) - In hard times, fraud litigators tend to receive an increase in calls from clients who believe they are the victim of fraud. Ten years ago, during the 2008 - 2009 economic recession, the Association of Certified Fraud Examiners (“ACFE”) released a study of the impact of an economic recession concluding that the financial pressures of
- [BC companies will be required to maintain a transparency register unless an exemption applies](https://kornfeldllp.com/2020/04/transparency-registry-in-bc/) - Like other governments across Canada, British Columbia has recently taken a number of measures to combat money laundering, tax evasion and similar concerns, and more measures are planned. This article provides an overview of three such measures which require the disclosure of indirect and beneficial ownership of real property or corporations as a way of
- [Kornfeld litigation group recognized in Benchmark Canada](https://kornfeldllp.com/2020/04/kornfeld-litigation-recognized-in-benchmark-canada/) - We are pleased to announce that two Kornfeld LLP partners, Dan Parlow and Shane Coblin, have been recognized as Litigation Stars in the 2020 edition of Benchmark Litigation Canada: the Definitive Guide to Canada's Leading Law Firms and Attorneys. Following an extensive, on-the-ground review process, both clients and peers recognized Dan and Shane and Kornfeld
- [When Shareholders are Forced Out of the Family Business](https://kornfeldllp.com/2020/04/shareholders-forced-out-family-business/) - Minority Shareholders in a Family Business Many successful small to medium sized corporations begin as closely-held family businesses. For example, a parent starts a business and then brings in their children. Or a group of relatives starts a business and then brings in the next generation. Family-owned companies are often formally incorporated with each family
- [Kornfeld LLP Summer Student: Aron Csaplaros](https://kornfeldllp.com/2020/07/kornfeld-llp-summer-student-aron-csaplaros/) - Kornfeld LLP Summer Student: Aron talks about what it’s been like so far during the summer of 2020 Diversity of tasks and guidance from senior lawyers have been the highlights of Aron Csaplaros’ first two months as an articling student at Kornfeld LLP. The University of Calgary law student is the firm’s summer student this
- [Transfer of assets and undertaking of a corporation to its sole shareholder on a going concern basis: Issues for consideration](https://kornfeldllp.com/2020/08/transfer-of-assets-and-undertaking-of-a-corporation-to-its-sole-shareholder-on-a-going-concern-basis-issues-for-consideration/) - Download as PDF Transfer of assets When tax or other considerations dictate that the operations of a company be merged, on a going concern basis, with those of its shareholder, there are myriad considerations. While not quite as complex as the divestiture of a business to a third-party purchaser, many of the same considerations will
- [Shane D. Coblin Recognized by Best Lawyers as a top Litigator in Canada](https://kornfeldllp.com/2020/08/shane-d-coblin-best-lawyers-corporate-commercial-litigation/) - Kornfeld LLP partner Shane D. Coblin has been recognized by Best Lawyers in its 2021 edition of the prestigious ranking, which recognizes the top legal talent worldwide. Best Lawyers has published an annual guide to the leading professionals in the legal field for more than 30 years. The guide now covers more than 70 countries.
- [Neil Kornfeld Recognized by Chambers Canada 2021](https://kornfeldllp.com/2020/10/neil-kornfeld-recognized-by-chambers-canada-2021/) - The founding partner of Kornfeld LLP, E. Neil Kornfeld, Q.C. has been recognized in the 2021 edition of the Chambers Canada guide for his legal excellence in the Real Estate category. Chambers Canada 2021 is the sixth edition of the guide, which identifies leading lawyers across the country. The selection is based on extensive research
- [Mandatory Mediation in B.C. - Pros and Cons](https://kornfeldllp.com/2020/10/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 settled
- [Thinking of Incorporating a Society? 5 Points to Consider First](https://kornfeldllp.com/2020/11/thinking-of-incorporating-a-society-5-points-to-consider-first/) - Thinking of Incorporating a Society? 5 Points to Consider First. Firstly, what is a “society”? In British Columbia, this is a not-for-profit entity formed and governed by our Societies Act – also sometimes called “foundations” or “nonprofits”, but for the purpose of the Societies Act and this blog, we will be referring to them as
- [Kornfeld LLP Articling Student: How entrepreneurial spirit helps Albert Chen thrive](https://kornfeldllp.com/2020/12/kornfeld-llp-articling-student-albert-chen/) - By the time Albert Chen stepped into the Kornfeld LLP offices this winter, he had tested himself in a diversity of fields. An entrepreneur, history major, filmmaking enthusiast and avid volunteer, it was ultimately law that he chose to dedicate himself to. “During my journey as an entrepreneur, I met countless problems that I was
- [Shane Coblin and Herb Silber Become Fellows of Chartered Institute of Arbitrators](https://kornfeldllp.com/2021/02/shane-coblin-and-herb-silber-become-fellows-of-chartered-institute-of-arbitrators/) - Kornfeld LLP lawyers Shane D. Coblin and Herb Silber, Q.C. have recently been admitted as Fellows by the Chartered Institute of Arbitrators. The Chartered Institute of Arbitrators (CIArb) is the leading international organization in alternative dispute resolution with representation in 149 countries and an international network of 41 branches. The Canadian branch of
- [Case Law in Review: BC Labour Board Allows Uber and Lyft to Label Drivers as Independent Contractors](https://kornfeldllp.com/2021/03/case-law-in-review-bc-labour-board-allows-uber-and-lyft-to-label-drivers-as-independent-contractors/) - In the 2020 decision of Lyft Canada Inc. v United Food and Commercial Workers International Union, Local 1518, 2020 BCLRB 35 (“Lyft Canada Inc.”), the Labour Relations Board of British Columbia dismissed an application brought by a trade Union acting on behalf of certain Uber and Lyft drivers (the “Application”). The Union's Application had two
- [Two Kornfeld Lawyers named Litigation Stars in 2021 Benchmark Litigation](https://kornfeldllp.com/2021/04/kornfeld-lawyers-litigation-stars-2021/) - We are pleased to announce that lawyers Shane Coblin and Dan Parlow have been recognized as Litigation Stars by Benchmark Litigation in 2021. Shane Coblin is recognized as a Litigation Star for the third consecutive year in the practice areas of commercial, real estate and construction litigation. Shane represents property owners, investors, and commercial
- [Principles of Tracing](https://kornfeldllp.com/2021/06/principles-of-tracing/) - 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 which
- [Use and Abuse of Certificates of Pending Litigation (2021 Update)](https://kornfeldllp.com/2021/06/use-and-abuse-of-certificates-of-pending-litigation-2021-update/) - * An abbreviated version of this article is published in the Advocate Jan 2022 Use and Abuse of Certificates of Pending Litigation (2021 Update) PDF ((Dan Parlow, Partner, Kornfeld LLP, Vancouver, BC. The assistance of Devin Lucas is gratefully acknowledged.)) The courts have emphasized that a Certificate of Pending Litigation (“CPL”) is an extraordinary pre-judgment
- [Milaad Hashmi joins Kornfeld LLP after completing articles with the firm](https://kornfeldllp.com/2021/06/milaad-hashmi-joins-kornfeld-llp-after-completing-articles-with-the-firm/) - We welcome Milaad Hashmi to the firm as a new associate. Milaad started with Kornfeld LLP as an articling student in August 2020. He received a Juris Doctorate from the Peter A. Allard School of Law at the University of British Columbia and a Bachelor of Arts, majoring in political science and economics, from
- [Shane D. Coblin Recognized Again by Best Lawyers as Top Litigator in Commercial Real Estate](https://kornfeldllp.com/2021/08/shane-d-coblin-recognized-again-by-best-lawyers-as-top-litigator-in-commercial-real-estate/) - Kornfeld LLP partner Shane D. Coblin has been recognized by Best Lawyers in Canada in its 2022 edition for his expertise in Commercial Leasing Law and Corporate and Commercial Litigation. The selection is based entirely on peer review and recognizes lawyers who display outstanding levels of skills and professionalism in their field. The peers are based
- [Gold Royalty Corp. acquires Golden Valley Mines and Royalties Ltd. and Abitibi Royalties Inc.](https://kornfeldllp.com/2021/11/congratulations-to-shane-coblin-for-his-role-in-gold-royalty-corp-s-acquisition-of-golden-valley-mines-and-royalties-ltd/) - Congratulations to Golden Valley Mines and Royalties Ltd. (“Golden Valley”) and Abitibi Royalties Inc. (“Abitibi”) on their recent acquisition by Gold Royalty Corp. The acquisitions were undertaken by way of two statutory plans of arrangement pursuant to section 288 of the British Columbia Business Corporations Act and section 192 of the Canada Business Corporations Act.
- [Unexpected Result: When You Can’t Sell your Own Property after a Separation](https://kornfeldllp.com/2021/12/unexpected-result-when-you-cant-sell-your-own-property-after-a-separation/) - In a recent decision, Benias v Lee, 2021 BCSC 2312, the B.C. Supreme Court rejected the claim of a co-owner to compel the sale of her jointly owned property. The parties lived together in a marriage-like relationship for about 5-6 years (the date of separation was disputed). They were registered as joint tenants in a
- [Shane Coblin and Devin Lucas Successfully Obtain an Order Requiring Insurer to Comply With its Duty to Defend](https://kornfeldllp.com/2022/10/congratulations-to-shane-coblin-and-devin-lucas-for-their-success-in-this-matter/) - Our client is the developer of a large luxury mixed-use building located in Vancouver. For the past number of years it has been a defendant in a complex multi-party construction dispute, part of which has been proceeding as a class action. The client had a wrap-up liability insurance policy in place for the development that
- [Jordan Langlois Appointed New Board Chair for Arthritis Research Canada](https://kornfeldllp.com/2022/12/jordan-langlois-board-chair-arc/) - We are delighted to to share that Kornfeld LLP Partner Jordan Langlois has been appointed as the new Board Chair for Arthritis Research Canada. Jordan joined Arthritis Research Canada’s Board of Directors in July 2020, and played a key role in negotiating the purchase of a new space for the organization. Congratulations, Jordan. We're excited
- [Regulations Released: Federal Government Imposes Temporary Ban on the Purchase by Foreign Purchasers of Residential Properties in Canada](https://kornfeldllp.com/2023/01/regulations-released-temporary-foreign-purchase-ban/) - Note: this blog has been updated as of March 27, 2023, following the announcement of amendments to the Act (the “Amendments”). Prohibition on the Purchase of Residential Property by Non-Canadians Regulations (the “Regulations”) came into force on January 1, 2023. The Regulations provide further details on the scope of the application of and exemption from
- [Kornfeld LLP Congratulates Shafik Bhalloo on King's Counsel Appointment](https://kornfeldllp.com/2023/05/kornfeld-llp-congratulates-shafik-bhalloo-on-kings-counsel-appointment/) - We are thrilled to congratulate Shafik Bhalloo, Senior Associate Counsel, on his recent appointment as King's Counsel on the recommendation of the Attorney General for British Columbia in recognition of his exemplary legal career and contributions to academia and community service. The appointment of King's Counsel is an honour conferred by the Government of British
- [Kornfeld LLP receives Highly Recommended Firm ranking from Benchmark Litigation](https://kornfeldllp.com/2023/05/kornfeld-llp-receives-highly-recommended-firm-ranking-from-benchmark-litigation/) - We are pleased to announce that Kornfeld LLP has received the highest possible ranking of Highly Recommended in the 2023 Benchmark Litigation Canada guide. Eight Kornfeld lawyers have been recognized as Litigation Stars and Future Stars: Shane D. Coblin (Litigation Star) Stephen M. Fitterman (Litigation Star) Sandra Foweraker (Litigation Star) Francis Lamer (Litigation Star) Devin

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## Practice Areas

- [Real Estate Transactions and Development](https://kornfeldllp.com/practice-areas/real-estate-transactions-and-development/) - Kornfeld LLP is a leading real estate law firm in Vancouver, offering expert legal advice for land development, acquisitions, and property management.
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- [Corporate and Commercial](https://kornfeldllp.com/practice-areas/corporate-and-commercial/) - Kornfeld's commercial lending lawyers are a collaborative partner for growing businesses, from startups to seasoned operators and through to liquidity events.
- [Securities and Corporate Finance](https://kornfeldllp.com/practice-areas/securities-and-corporate-finance/) - Kornfeld is a full-service securities law practice for companies in all areas of corporate finance, including initial public offerings, M&A transactions, takeover and issuer bids, and more.
- [Commercial Lending](https://kornfeldllp.com/practice-areas/commercial-lending/) - Kornfeld's commerical lending lawyers guide clients in Vancouver through complicated financial issues with clarity and financial fluency.

## Cases

- [Court of Appeal Clarifies the Distinction Between Joint and Mutual Wills](https://kornfeldllp.com/case/court-of-appeal-clarifies-the-distinction-between-joint-and-mutual-wills/) - Johannes and Daniela Siebert executed a handwritten joint will in Germany in 1995, naming Daniela’s parents as beneficiaries. Shortly before her death in 2019, Daniela made a new handwritten will that expressly revoked her prior wills and left her estate to her husband. Johannes Siebert later died in 2022, giving rise to a dispute over
- [Looking at Woodward’s: 10 years later](https://kornfeldllp.com/case/looking-at-woodwards-10-years-later/) - Built in 1903, when there were 60,000 people living in the city, Woodward’s was geographically split between the premier downtown shopping destinations to the west and the concentration of transient housing and brothels to the east, providing goods to working- and middle-class residents.The original building’s history itself runs analogous to that of the City of Vancouver; the spinning
- [Business Development Bank of Canada v. Canadian Recon Manufacturing Ltd. et al., 2019-2020 BCSC 186706, Vancouver Registry](https://kornfeldllp.com/case/business-development-bank-of-canada-v-canadian-recon-manufacturing-ltd-et-al-2019-2020-bcsc-186706-vancouver-registry/) - Our client, Business Development Bank of Canada, had obtained judgment against the corporate debtors and an individual guarantor. Efforts by Kornfeld’s Lana Li to locate property of the guarantor to satisfy that judgment involved identification of White Willow Investments, a company owned by the guarantor which in turn owned property that was assessed at $6.2 million and
- [Sung Estate, 2019 BCSC 1202](https://kornfeldllp.com/case/sung-estate-2019-bcsc-1202/) - Our client successfully resisted efforts by her deceased spouse’s brother to challenge their common law relationship and to challenge her right to administer her spouse’s estate. The case required the B.C. Supreme Court to consider time limitations, evidence to prove a common law relationship and whether notice of court applications are required in this case.
- [KBK No. 11 Ventures Ltd. v. XL Insurance Company Ltd., 2022 BCSC 1652](https://kornfeldllp.com/case/kbk-no-11-ventures-ltd-v-xl-insurance-company-ltd-2022-bcsc-1652/) - Our client is the developer of a large luxury mixed-use building located in Vancouver. For the past number of years it has been a defendant in a complex multi-party construction dispute, part of which has been proceeding as a class action. The client had a wrap-up liability insurance policy in place for the development that
- [The Residents Association Mount Pleasant v. Vancouver (City), 2015 BCSC 551](https://kornfeldllp.com/case/the-residents-association-mount-pleasant-v-vancouver-city-2015-bcsc-551/) - The Residents Association Mount Pleasant v. Vancouver (City), Rize Alliance (Kingsway) Properties Ltd., and Rize-Ayalaland (Kingsway) Limited Partnership, 2014 BCSC 2494 The Residents Association Mount Pleasant v. Vancouver (City), 2015 BCSC 551 In two decisions, the British Columbia Supreme Court refused multiple efforts by a residents’ association to halt a multibuilding, 258-unit project now called the Independent at Main.
- [Youyi Group Holdings (Canada) Ltd. v. Brentwood Lanes Canada Ltd., 2019 BCSC 739](https://kornfeldllp.com/case/youyi-group-holdings-canada-ltd-v-brentwood-lanes-canada-ltd/) - Our clients sought to rescind a $28,800,000 contract for the sale of a large redevelopment site in the heart of a Vancouver suburb. The case is exceptional as rescission was sought, and ultimately ordered by the Court, based on a rarely used legal doctrine of ex turpi causa non oritur actio (“from a dishonourable cause an action
- [Youyi Group Holdings (Canada) Ltd. v. Brentwood Lanes Canada Ltd., 2020 BCCA 130](https://kornfeldllp.com/case/youyi-group-holdings-canada-ltd-v-brentwood-lanes-canada-ltd-2020-bcca-130/) - The British Columbia Court of Appeal agreed with the judge at trial that a $28.8 million contract of purchase and sale should not be enforced, being tainted by the illegality of the purchasers’ fraudulent conduct. The Court considered the following conclusions at trial which remained unchallenged on appeal: That a “rent reduction schedule” and a companion “lease
- [Pacific Centre Limited v. Creative Energy Vancouver Platforms Inc., Westbank Projects Corp. and others](https://kornfeldllp.com/case/pacific-centre-limited-v-creative-energy-vancouver-platforms-inc-westbank-projects-corp-and-others/) - Cadillac Fairview Limited and its property, Pacific Centre mall, were unsuccessful in their efforts to stop a massive redevelopment of 720 Beatty St., site of the Creative Energy steam heat plant which serves the energy needs of over 200 commercial and residential buildings throughout downtown Vancouver. Our clients, Creative Energy and Westbank Projects Corp., are
- [Shen v Lou, 2023 BCSC 414](https://kornfeldllp.com/case/shen-v-lou-2023-bcsc-414/) - Our client was successful in having a Mareva injunction discharged. Under the Injunction, our client’s worldwide assets, up to $29,280,000, had been frozen. The British Columbia Supreme Court set aside the Injunction due to material non-disclosure by the plaintiff in obtaining the original Order, and further held that the Injunction must be denied on a de novo reconsideration. The
- [Gold Royalty Corp. acquires Golden Valley Mines and Royalties Ltd. and Abitibi Royalties Inc.](https://kornfeldllp.com/case/gold-royalty-corp-acquires-golden-valley-mines-and-royalties-ltd-and-abitibi-royalties-inc/) - Congratulations to Golden Valley Mines and Royalties Ltd. (“Golden Valley”) and Abitibi Royalties Inc. (“Abitibi”) on their recent acquisition by Gold Royalty Corp. The acquisitions were undertaken by way of two statutory plans of arrangement pursuant to section 288 of the British Columbia Business Corporations Act and section 192 of the Canada Business Corporations Act. Shane Coblin represented Golden
- [0790482 B.C. Ltd. v. KBK No. 11 Ventures Ltd., 2021 BCSC 1761](https://kornfeldllp.com/case/0790482-b-c-ltd-v-kbk-no-11-ventures-ltd-2021-bcsc-1761/) - After approximately six years of delay, the Plaintiff in this putative class action sought to significantly amend its claim to expand the class definition, add new claims of negligence claiming damages for pure economic loss resulting from dangerous defects, and to add a number of new parties. Many of the claims were duplicative of other
- [Yegre EB Ltd. v. Seguin, 2024 BCCA 365](https://kornfeldllp.com/case/yegre-eb-ltd-v-seguin-2024-bcca-365/) - In Yegre EB Ltd. v. Seguin, 2024 BCCA 365, Shane Coblin and Milaad Hashmi were successful in having the Court of Appeal overturn a Chambers Judge's finding that a forum selection clause in a property purchase agreement conferred exclusive jurisdiction upon the courts of the province of Alberta. This case provides guidance on the test
- [601 Main Partnership v. Centura Building Systems (2013) Ltd., 2024 BCCA 76](https://kornfeldllp.com/case/601-main-partnership-v-centura-building-systems-2013-ltd-2024-bcca-76/) - Shane Coblin and Milaad Hashmi successfully argued before the Court of Appeal that the act of filing a lien that the lien claimant knew or ought to have know was inflated, constitutes an abuse of process entitling an owner to damages. In 601 Main Partnership v. Centura Building Systems (2013) Ltd., 2024 BCCA 76, the
- [Li v Hu, 2024 BCSC 778](https://kornfeldllp.com/case/li-v-hu-2024-bcsc-778/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,

## People

- [Chaeli Cowan](https://kornfeldllp.com/person/chaeli-cowan/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Herbert S. Silber, K.C., FCIArb.](https://kornfeldllp.com/person/herbert-s-silber-k-c-fciarb/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Calvin Speedie](https://kornfeldllp.com/person/calvin-speedie/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Olivia Armstrong](https://kornfeldllp.com/person/olivia-armstrong/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Joshua Lane](https://kornfeldllp.com/person/joshua-lane/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Gigi Lo](https://kornfeldllp.com/person/gigi-lo/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Adam Alana](https://kornfeldllp.com/person/adam-alana/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Emily Leung](https://kornfeldllp.com/person/emily-leung/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Catherine Yue](https://kornfeldllp.com/person/catherine-yue/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Dakota Koch](https://kornfeldllp.com/person/dakota-koch/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Shafik Bhalloo K.C.](https://kornfeldllp.com/person/shafik-bhalloo/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Carol A. Kerfoot](https://kornfeldllp.com/person/carol-a-kerfoot/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Sandra Foweraker](https://kornfeldllp.com/person/sandra-foweraker/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Greg Corson](https://kornfeldllp.com/person/greg-corson/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Brad Cramer](https://kornfeldllp.com/person/brad-cramer/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Matthew Sveinson](https://kornfeldllp.com/person/matthew-sveinson/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Milaad Hashmi](https://kornfeldllp.com/person/milaad-hashmi/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Francis Lamer](https://kornfeldllp.com/person/francis-lamer/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Jordan E. Langlois](https://kornfeldllp.com/person/jordan-e-langlois/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Lana K. L. Li](https://kornfeldllp.com/person/lana-k-l-li/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [James S. McRae](https://kornfeldllp.com/person/james-s-mcrae/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Dan Parlow](https://kornfeldllp.com/person/dan-parlow/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Nils Preshaw](https://kornfeldllp.com/person/nils-preshaw/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Abbas Sabur](https://kornfeldllp.com/person/abbas-sabur/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Laura Danton](https://kornfeldllp.com/person/laura-danton/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Yan Gao](https://kornfeldllp.com/person/yan-gao/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Hans Gustavson](https://kornfeldllp.com/person/hans-gustavson/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Shane D. Coblin, FCIArb.](https://kornfeldllp.com/person/shane-d-coblin/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Mihai H. Ionescu](https://kornfeldllp.com/person/mihai-h-ionescu/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [E. Neil Kornfeld, K.C.](https://kornfeldllp.com/person/e-neil-kornfeld-k-c/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Douglas B. Hyndman](https://kornfeldllp.com/person/douglas-b-hyndman/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Stephen Fitterman](https://kornfeldllp.com/person/stephen-fitterman/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Jon del Castillo](https://kornfeldllp.com/person/jon-del-castillo/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,

## Career Opportunities

- [Commercial Litigation Associate](https://kornfeldllp.com/career-opportunity/commercial-litigation-associate/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,

## Projects

- [The Landmark, Foster and Martin](https://kornfeldllp.com/projects/foster-martin/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Kensington Gardens](https://kornfeldllp.com/projects/kensington-gardens/) - Kensington Gardens is an integrated urban community comprised of three unique residential towers, a collection of townhouses and a residential podium, linked by an elevated landscaped courtyard, a new park, lane and plaza.
- [SOTO on W28](https://kornfeldllp.com/projects/soto-on-w28/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Butterfly](https://kornfeldllp.com/projects/the-butterfly/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [King and Columbia](https://kornfeldllp.com/projects/king-and-columbia/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Alberni](https://kornfeldllp.com/projects/alberni/) - Designed by renowned Japanese architect Kengo Kuma, Westbank’s Alberni project is shaped by its environment. The 43-storey tower is carved by two emphatic scoops that form deep balconies furnished in wood. In both instances, the carvings create semi-enclosures that strengthen their relations to the street and to the views, connecting to its urban and geographic
- [Horseshoe Bay West Vancouver](https://kornfeldllp.com/projects/horseshoe-bay-west-vancouver/) - This is West Vancouver’s most beautiful parcel of waterfront land. It affords panoramic views of Horseshoe Bay, and beyond to the scenic shores and alpine peaks along Howe Sound.
- [The Stanton](https://kornfeldllp.com/projects/the-stanton/) - A prestigious neighbourhood merges a vibrant lifestyle with an honoured heritage
- [The Independent](https://kornfeldllp.com/projects/the-independent/) - Our goal was to create a place that you would be proud to live in and call home. A place you would be proud to be part of. One that stood apart and embraced this unique Vancouver community that we know and love. We hope you find what you are looking for here at The
- [Joyce](https://kornfeldllp.com/projects/joyce/) - JOYCE is tailored to fit the community, adding vibrancy to the neighborhood’s streetscape and honoring the area’s heritage. The architecture of the building was inspired by the concept of a quilt, representing a multitude of narratives from the cultures of the neighborhood. Layered on top of the metaphorical quilt, expressed in the project’s balconies, is
- [Granville at 70th Cornish Estates](https://kornfeldllp.com/projects/granville-at-70th-cornish-estates/) - Street-side townhomes offer a more intimate style of living, amid lush gardens and boulevards.
- [Linea](https://kornfeldllp.com/projects/linea/) - Architecture that acts as a form of public art elevates our aesthetic experience of the everyday. Linea’s elegant contours portray a beauty of form with utterly functional intent. Fluid exteriors create sweeping outdoor spaces that flow seamlessly from expansive indoor living spaces, where careful purpose can be found in every detail.
- [Gold House](https://kornfeldllp.com/projects/gold-house/) - Situated in the heart of Metrotown, Gold House makes it easy to dine out, shop, or go for a run in the park.
- [Vancouver House](https://kornfeldllp.com/projects/vancouver-house/) - Biography Herbert S. Silber is a Senior Litigation Counsel. He has practiced as a member of the Bar of British Columbia for over 45 years and during that time has accumulated a wealth of experience and has enjoyed many professional high points. His career has largely focused on litigation in the area of real estate,
- [Addition](https://kornfeldllp.com/projects/addition/) - Step in one direction and it’s a short stroll to galleries, cultural centres, vibrant entertainment, and nightlife. A few steps in another are exclusive shops, diverse dining options, and easy access to public transit. Just a few extra steps more reveal some of Vancouver’s best waterfronts, bike routes and parks—close enough to smell the salty
- [188 Keefer](https://kornfeldllp.com/projects/188-keefer/) - 188 Keefer is the latest in a series of innovative urban developments by Westbank, to provide high quality opportunities for achievable home ownership in the city of Vancouver. An example of creative envisioning, progressive financing, excellent timing and a key location – 188 Keefer is a bold addition to Vancouver’s vibrant Chinatown community.
- [35 Park West](https://kornfeldllp.com/projects/35-park-west/) - 35 Park West is a home of substance and style. Situated in the heart of the coveted Queen Elizabeth Park luxury enclave, the three distinctive six-storey buildings are positioned along a curvature in the tree-lined heritage boulevard, just steps away from the tranquil greenery of Queen Elizabeth Park.
- [41 West](https://kornfeldllp.com/projects/41-west/) - Live in the heart of Oakridge – Symbols of stature are housed across the street in Vancouver’s premiere destination for luxury shopping, Oakridge Centre.
- [60 W. Cordova St.](https://kornfeldllp.com/projects/60-w-cordova-st/) - 60 West Cordova St. is an exceptional project located in the heart of Vancouver’s East side, mixing old and new styles of architecture with the mixed-use planning so prevalent in today’s Vancouver.
- [6 and Fir](https://kornfeldllp.com/projects/6-and-fir/) - This intimate residential development of 50 homes features panoramic views of English Bay, Stanley Park, Downtown, The North Shore Mountains and False Creek. 6&Fir ‘s Yoga Centre enhances the well-being of residents in addition to extensive outdoor gardens and artist studios.
- [The Rolston](https://kornfeldllp.com/projects/the-rolston/) - The Rolston flagship development embraces the past while pointing the way to the future. Situated in one of the last heritage properties in the downtown core, this high rise residential tower incorporates cutting edge design features, much needed single room accommodation, and dynamic heritage revitalization, to reintroduce this major gateway to Granville Street. Breathtaking views
- [Woodward's Redevelopment Project](https://kornfeldllp.com/projects/woodwards-redevelopment-project/) - The redevelopment of the former site of Woodward’s is perhaps the most significant mixed-use development project to be undertaken in Vancouver. This high-profile development consists of approximately one million sf of market and non-market residential, institutional and retail. It also includes office, community space, London Drugs and the Woodward’s Food Floor above two levels of
- [Wave](https://kornfeldllp.com/projects/wave/) - Wave’s design is based on a philosophy that architecture is one of the last remaining forms of public art.
- [Centro](https://kornfeldllp.com/projects/centro/) - Centro is one of the first concrete tower residences to be built in east Vancouver’s Collingwood area. This well managed complex offers great layouts including studio, one bedroom plus den and 2 bedroom plus den suites. Centro is one of the first concrete tower residences to be built in east Vancouver’s Collingwood area. This well
- [Telus Garden](https://kornfeldllp.com/projects/telus-garden/) - The striking million-square foot home/office development, to be completed in 2016, will be one of the most technologically innovative and environmentally-friendly urban communities in North America.
- [Sage](https://kornfeldllp.com/projects/sage/) - Located in Vancouver’s new University of British Columbia community of Wesbrook Village, Sage condominiums is nestled against the beauty of Pacific Spirit Park. Sage is a model of responsible development built to stringent REAP Silver guidelines, featuring innovative design elements that ensure a long-term benefit to both community and environment.
- [Residences at Fairmont Pacific Rim](https://kornfeldllp.com/projects/residences-at-fairmont-pacific-rim/) - Fairmont Residences, Pacific Rim, located in Vancouver’s Coal Harbour waterfront area, sit just across from the new Vancouver Convention Centre and adjacent to its planned expansion site. This premier development includes a 415-room hotel and 173 residential condominiums. This 47-story luxury hotel showcases prime views of Stanley Park, the harbour skyline and the North Shore Mountains. Contact
- [Living Shangri-La Vancouver](https://kornfeldllp.com/projects/living-shangri-la-vancouver/) - Shangri-la Vancouver is the tallest building in Vancouver and this site is one of only a handful of sites which meets the criteria set out by the City of Vancouver’s General Policy for Higher Buildings. Consistent with this policy, the development of Shangri-La Vancouver exhibits the highest order of architectural excellence, as well as providing
- [Jeffs Residences](https://kornfeldllp.com/projects/jeffs-residences/) - Jeffs Residences is a limited collection of 20, historically inspired Townhomes and Manor residences. Historic 1907 architecture blends seamlessly with stately modern interiors — refined urban living, in the heart of Commercial Drive.
- [Hollyburn Mews](https://kornfeldllp.com/projects/hollyburn-mews/) - An Exclusive Collection of Cottage-style Homes. Duplexes and Coach Homes inspired by traditional West Vancouver architecture.
- [AXIS](https://kornfeldllp.com/projects/axis/) - AXIS of excellence is situated in Burnaby’s HighGate Village area, offering 102 stylish one- to two-bedroom-plus condominium homes on the central axis to Vancouver.

## Testimonials

- [Dakota Koch, 2024/2025 Articled Student](https://kornfeldllp.com/project/dakota-koch-2024-2025-articled-student/) - My articling experience at Kornfeld was incredibly enriching and formative, thanks to the firm’s exceptional balance of autonomy, mentorship, and substantive legal exposure. Kornfeld afforded me the opportunity not only to refine and expand my existing legal interests but also challenged me to explore complex practice areas beyond those I encountered in law school. As
- [Catherine Yue, 2023 Summer Student & 2024/2025 Articled Student](https://kornfeldllp.com/project/catherine-yue-2023-summer-student-2024-2025-articled-student/) - Working at Kornfeld over the summer and during my articles has been an extremely enriching and positive experience. The lawyers here have taken the time to involve me in their files in meaningful ways, from giving me ample opportunities to draft claims to encouraging me to speak with clients. The firm fosters an environment which
- [Olivia Armstrong, 2024 Summer Student & 2025/2026 Articled Student](https://kornfeldllp.com/project/olivia-armstrong-2024-summer-student-2025-2026-articled-student/) - The summer student experience at Kornfeld was a challenging, yet rewarding first step into the practice of law. I look forward to returning to article with a passionate group of lawyers and staff.
- [Calvin Speedie, 2024 Summer Student & 2025/2026 Articled Student](https://kornfeldllp.com/project/calvin-speedie-2024-summer-student-2025-2026-articled-student/) - My summer at Kornfeld was an enriching experience that provided me with invaluable hands-on legal training. I worked on a wide range of complex and intellectually stimulating files alongside industry-leading lawyers. Kornfeld has confidence in their students and trusts them to take ownership of client files and actively pursue work that aligns with their interests.

## Categories

- [Corporate and Commercial](https://kornfeldllp.com/category/corporate-and-commercial/)
- [Litigation and Dispute Resolution](https://kornfeldllp.com/category/litigation-and-dispute-resolution/)
- [Real Estate Transactions and Development](https://kornfeldllp.com/category/real-estate-transactions-and-development/)
- [News and Updates](https://kornfeldllp.com/category/news-and-updates/)
- [Life at Kornfeld](https://kornfeldllp.com/category/life-at-kornfeld/)
- [Student Profiles](https://kornfeldllp.com/category/student-profiles/)
- [Articles & Publications](https://kornfeldllp.com/category/articles-publications/)
- [Business Acquisitions & Divestitures](https://kornfeldllp.com/category/business-acquisitions-divestitures/)
- [Careers at Kornfeld](https://kornfeldllp.com/category/careers-at-kornfeld/)
- [Firm Updates](https://kornfeldllp.com/category/updates/)
- [Labour & Employment](https://kornfeldllp.com/category/labour-employment/)
- [Translation](https://kornfeldllp.com/category/translation/)

## Tags

- [Interpretation of Contracts](https://kornfeldllp.com/tag/interpretation-of-contracts/)
- [lease](https://kornfeldllp.com/tag/lease/)
- [lease renewals](https://kornfeldllp.com/tag/lease-renewals/)
- [Real Estate](https://kornfeldllp.com/tag/real-estate/)
- [civil litigation](https://kornfeldllp.com/tag/civil-litigation/)
- [United States property](https://kornfeldllp.com/tag/united-states-property/)
- [United States taxation](https://kornfeldllp.com/tag/united-states-taxation/)
- [US property](https://kornfeldllp.com/tag/us-property/)
- [US taxation](https://kornfeldllp.com/tag/us-taxation/)
- [commercial lawyer](https://kornfeldllp.com/tag/commercial-lawyer/)
- [corporate law](https://kornfeldllp.com/tag/corporate-law/)
- [director liability](https://kornfeldllp.com/tag/director-liability/)
- [Wallace](https://kornfeldllp.com/tag/wallace/)
- [family owned companies](https://kornfeldllp.com/tag/family-owned-companies/)
- [arbitration](https://kornfeldllp.com/tag/arbitration/)
- [builder's liens](https://kornfeldllp.com/tag/builders-liens/)
- [development](https://kornfeldllp.com/tag/development/)
- [mortgagee](https://kornfeldllp.com/tag/mortgagee/)
- [Real Property Dispute Resolution](https://kornfeldllp.com/tag/real-property-dispute-resolution/)
- [BC Securities Commission](https://kornfeldllp.com/tag/bc-securities-commission/)
- [Securities](https://kornfeldllp.com/tag/securities/)
- [Asset Division](https://kornfeldllp.com/tag/asset-division/)
- [Divorce](https://kornfeldllp.com/tag/divorce/)
- [Role of Lawyers](https://kornfeldllp.com/tag/role-of-lawyers/)
- [Seperation Agreement](https://kornfeldllp.com/tag/seperation-agreement/)
- [call option](https://kornfeldllp.com/tag/call-option/)
- [derivatives](https://kornfeldllp.com/tag/derivatives/)
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- [class actions](https://kornfeldllp.com/tag/class-actions/)
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- [proportionality](https://kornfeldllp.com/tag/proportionality/)
- [73.1](https://kornfeldllp.com/tag/73-1/)
- [land title act](https://kornfeldllp.com/tag/land-title-act/)
- [subdivision](https://kornfeldllp.com/tag/subdivision/)
- [duty of fairness](https://kornfeldllp.com/tag/duty-of-fairness/)
- [tenders](https://kornfeldllp.com/tag/tenders/)
- [Tercon Construction](https://kornfeldllp.com/tag/tercon-construction/)
- [alternative dispute resolution](https://kornfeldllp.com/tag/alternative-dispute-resolution/)
- [mediation](https://kornfeldllp.com/tag/mediation/)
- [constructive trust](https://kornfeldllp.com/tag/constructive-trust/)
- [equitable obligations](https://kornfeldllp.com/tag/equitable-obligations/)
- [fiduciary duties](https://kornfeldllp.com/tag/fiduciary-duties/)
- [fiduciary obligations](https://kornfeldllp.com/tag/fiduciary-obligations/)
- [good conscience trust](https://kornfeldllp.com/tag/good-conscience-trust/)
- [trust](https://kornfeldllp.com/tag/trust/)
- [unjust enrichment](https://kornfeldllp.com/tag/unjust-enrichment/)
- [constructive dismissal](https://kornfeldllp.com/tag/constructive-dismissal/)
- [temporary layoff](https://kornfeldllp.com/tag/temporary-layoff/)
- [termination of employment](https://kornfeldllp.com/tag/termination-of-employment/)
- [bad faith](https://kornfeldllp.com/tag/bad-faith/)
- [employment](https://kornfeldllp.com/tag/employment/)
- [reasonable notice](https://kornfeldllp.com/tag/reasonable-notice/)
- [unfair](https://kornfeldllp.com/tag/unfair/)
- [wrongful dismissal](https://kornfeldllp.com/tag/wrongful-dismissal/)
- [facilitator](https://kornfeldllp.com/tag/facilitator/)
- [MFDA](https://kornfeldllp.com/tag/mfda/)
- [mutual fund dealers](https://kornfeldllp.com/tag/mutual-fund-dealers/)
- [self-regulatory organization](https://kornfeldllp.com/tag/self-regulatory-organization/)
- [SRO](https://kornfeldllp.com/tag/sro/)
- [assignments](https://kornfeldllp.com/tag/assignments/)
- [deduction](https://kornfeldllp.com/tag/deduction/)
- [employment relationship](https://kornfeldllp.com/tag/employment-relationship/)
- [employment stadards act](https://kornfeldllp.com/tag/employment-stadards-act/)
- [overpayment](https://kornfeldllp.com/tag/overpayment/)
- [unpaid](https://kornfeldllp.com/tag/unpaid/)
- [wages](https://kornfeldllp.com/tag/wages/)
- [accretion](https://kornfeldllp.com/tag/accretion/)
- [frontage](https://kornfeldllp.com/tag/frontage/)
- [construction of contracts](https://kornfeldllp.com/tag/construction-of-contracts/)
- [Shareholders' Agreements](https://kornfeldllp.com/tag/shareholders-agreements/)
- [Shotgun clauses](https://kornfeldllp.com/tag/shotgun-clauses/)
- [defamation](https://kornfeldllp.com/tag/defamation/)
- [freedom of speech](https://kornfeldllp.com/tag/freedom-of-speech/)
- [reputation](https://kornfeldllp.com/tag/reputation/)
- [slander](https://kornfeldllp.com/tag/slander/)
- [common law relationships](https://kornfeldllp.com/tag/common-law-relationships/)
- [family law](https://kornfeldllp.com/tag/family-law/)
- [property division](https://kornfeldllp.com/tag/property-division/)
- [unmarried couples](https://kornfeldllp.com/tag/unmarried-couples/)
- [multiple defendants](https://kornfeldllp.com/tag/multiple-defendants/)
- [multiple parties](https://kornfeldllp.com/tag/multiple-parties/)
- [partial settlement](https://kornfeldllp.com/tag/partial-settlement/)
- [Privacy](https://kornfeldllp.com/tag/privacy/)
- [contract](https://kornfeldllp.com/tag/contract/)
- [interpretation](https://kornfeldllp.com/tag/interpretation/)
- [statutory interpretation](https://kornfeldllp.com/tag/statutory-interpretation/)
- [Bankruptcy and Insolvency Act](https://kornfeldllp.com/tag/bankruptcy-and-insolvency-act/)
- [employee](https://kornfeldllp.com/tag/employee/)
- [employment stadards](https://kornfeldllp.com/tag/employment-stadards/)
- [insolvency](https://kornfeldllp.com/tag/insolvency/)
- [officer liability](https://kornfeldllp.com/tag/officer-liability/)
- [business](https://kornfeldllp.com/tag/business/)
- [buying](https://kornfeldllp.com/tag/buying/)
- [Contracts](https://kornfeldllp.com/tag/contracts/)
- [liability](https://kornfeldllp.com/tag/liability/)
- [selling](https://kornfeldllp.com/tag/selling/)
- [severance](https://kornfeldllp.com/tag/severance/)
- [vacation](https://kornfeldllp.com/tag/vacation/)
- [associated employer](https://kornfeldllp.com/tag/associated-employer/)
- [common employer](https://kornfeldllp.com/tag/common-employer/)
- [legal risk](https://kornfeldllp.com/tag/legal-risk/)
- [seperate legal entities](https://kornfeldllp.com/tag/seperate-legal-entities/)
- [termination](https://kornfeldllp.com/tag/termination/)
- [unpaid wages](https://kornfeldllp.com/tag/unpaid-wages/)
- [employment law](https://kornfeldllp.com/tag/employment-law/)
- [invasion of privacy](https://kornfeldllp.com/tag/invasion-of-privacy/)
- [monitoring employee](https://kornfeldllp.com/tag/monitoring-employee/)
- [privacy act](https://kornfeldllp.com/tag/privacy-act/)
- [tort](https://kornfeldllp.com/tag/tort/)
- [spyware](https://kornfeldllp.com/tag/spyware/)
- [surveillance](https://kornfeldllp.com/tag/surveillance/)
- [minimum wage](https://kornfeldllp.com/tag/minimum-wage/)
- [salary](https://kornfeldllp.com/tag/salary/)
- [training wage](https://kornfeldllp.com/tag/training-wage/)
- [common law](https://kornfeldllp.com/tag/common-law/)
- [digital technology](https://kornfeldllp.com/tag/digital-technology/)
- [internet](https://kornfeldllp.com/tag/internet/)
- [Personal Information Privacy Electronic Documents Act](https://kornfeldllp.com/tag/personal-information-privacy-electronic-documents-act/)
- [PIPEDA](https://kornfeldllp.com/tag/pipeda/)
- [right of privacy](https://kornfeldllp.com/tag/right-of-privacy/)
- [conduct](https://kornfeldllp.com/tag/conduct/)
- [incompatible conduct](https://kornfeldllp.com/tag/incompatible-conduct/)
- [intereferes with business](https://kornfeldllp.com/tag/intereferes-with-business/)
- [off-duty conduct](https://kornfeldllp.com/tag/off-duty-conduct/)
- [prejudicial to business](https://kornfeldllp.com/tag/prejudicial-to-business/)
- [serious breach](https://kornfeldllp.com/tag/serious-breach/)
- [evading service](https://kornfeldllp.com/tag/evading-service/)
- [facebook](https://kornfeldllp.com/tag/facebook/)
- [legal process](https://kornfeldllp.com/tag/legal-process/)
- [linkedin](https://kornfeldllp.com/tag/linkedin/)
- [service](https://kornfeldllp.com/tag/service/)
- [foreign real estate](https://kornfeldllp.com/tag/foreign-real-estate/)
- [U.S. property](https://kornfeldllp.com/tag/u-s-property/)
- [U.S. taxation](https://kornfeldllp.com/tag/u-s-taxation/)
- [damages](https://kornfeldllp.com/tag/damages/)
- [damages for wrongfull dismissal](https://kornfeldllp.com/tag/damages-for-wrongfull-dismissal/)
- [employment standards act](https://kornfeldllp.com/tag/employment-standards-act/)
- [minimum standards](https://kornfeldllp.com/tag/minimum-standards/)
- [quit](https://kornfeldllp.com/tag/quit/)
- [resigned](https://kornfeldllp.com/tag/resigned/)
- [reudiation of contract](https://kornfeldllp.com/tag/reudiation-of-contract/)
- [working notice](https://kornfeldllp.com/tag/working-notice/)
- [british columbia](https://kornfeldllp.com/tag/british-columbia/)
- [challenging a will](https://kornfeldllp.com/tag/challenging-a-will/)
- [executor conflict of interest](https://kornfeldllp.com/tag/executor-conflict-of-interest/)
- [pendente lite](https://kornfeldllp.com/tag/pendente-lite/)
- [fixed severance payment](https://kornfeldllp.com/tag/fixed-severance-payment/)
- [implied term](https://kornfeldllp.com/tag/implied-term/)
- [mitigation](https://kornfeldllp.com/tag/mitigation/)
- [stipulated notice](https://kornfeldllp.com/tag/stipulated-notice/)
- [without cause](https://kornfeldllp.com/tag/without-cause/)
- [employment contracts](https://kornfeldllp.com/tag/employment-contracts/)
- [non-compete](https://kornfeldllp.com/tag/non-compete/)
- [non-solicit](https://kornfeldllp.com/tag/non-solicit/)
- [conflicts of laws](https://kornfeldllp.com/tag/conflicts-of-laws/)
- [jurisdiction](https://kornfeldllp.com/tag/jurisdiction/)
- [presumptive connecting factors](https://kornfeldllp.com/tag/presumptive-connecting-factors/)
- [real and substantial connection](https://kornfeldllp.com/tag/real-and-substantial-connection/)
- [forum non conveniens](https://kornfeldllp.com/tag/forum-non-conveniens/)
- [tax compliance](https://kornfeldllp.com/tag/tax-compliance/)
- [Voluntary Disclosure Program](https://kornfeldllp.com/tag/voluntary-disclosure-program/)
- [extra pay](https://kornfeldllp.com/tag/extra-pay/)
- [labour](https://kornfeldllp.com/tag/labour/)
- [manager](https://kornfeldllp.com/tag/manager/)
- [overtime](https://kornfeldllp.com/tag/overtime/)
- [employer](https://kornfeldllp.com/tag/employer/)
- [equity partner](https://kornfeldllp.com/tag/equity-partner/)
- [human rights](https://kornfeldllp.com/tag/human-rights/)
- [non-equity partner](https://kornfeldllp.com/tag/non-equity-partner/)
- [partnership](https://kornfeldllp.com/tag/partnership/)
- [Family](https://kornfeldllp.com/tag/family/)
- [notice](https://kornfeldllp.com/tag/notice/)
- [consideration](https://kornfeldllp.com/tag/consideration/)
- [enforceable employment contracts](https://kornfeldllp.com/tag/enforceable-employment-contracts/)
- [dismissal](https://kornfeldllp.com/tag/dismissal/)
- [employment contract](https://kornfeldllp.com/tag/employment-contract/)
- [reinstatement](https://kornfeldllp.com/tag/reinstatement/)
- [Restrictive covenants](https://kornfeldllp.com/tag/restrictive-covenants/)
- [computer monitoring](https://kornfeldllp.com/tag/computer-monitoring/)
- [computer use policy](https://kornfeldllp.com/tag/computer-use-policy/)
- [expectation of privacy](https://kornfeldllp.com/tag/expectation-of-privacy/)
- [privacy in the workplace](https://kornfeldllp.com/tag/privacy-in-the-workplace/)
- [supreme court of canada](https://kornfeldllp.com/tag/supreme-court-of-canada/)
- [workplace privacy](https://kornfeldllp.com/tag/workplace-privacy/)
- [herbert silber](https://kornfeldllp.com/tag/herbert-silber/)
- [restraint of trade](https://kornfeldllp.com/tag/restraint-of-trade/)
- [shafik bhalloo](https://kornfeldllp.com/tag/shafik-bhalloo/)
- [corporate governance](https://kornfeldllp.com/tag/corporate-governance-2/)
- [directors](https://kornfeldllp.com/tag/directors/)
- [business corporations act](https://kornfeldllp.com/tag/business-corporations-act/)
- [company](https://kornfeldllp.com/tag/company/)
- [administrative suspension](https://kornfeldllp.com/tag/administrative-suspension/)
- [constructive termination](https://kornfeldllp.com/tag/constructive-termination/)
- [duty of employer](https://kornfeldllp.com/tag/duty-of-employer/)
- [duty of employer to provide work](https://kornfeldllp.com/tag/duty-of-employer-to-provide-work/)
- [dependent contractor](https://kornfeldllp.com/tag/dependent-contractor/)
- [independent contractor](https://kornfeldllp.com/tag/independent-contractor/)
- [landlord](https://kornfeldllp.com/tag/landlord/)
- [tenant](https://kornfeldllp.com/tag/tenant/)
- [spousal support](https://kornfeldllp.com/tag/spousal-support/)
- [canada](https://kornfeldllp.com/tag/canada/)
- [intrusion](https://kornfeldllp.com/tag/intrusion/)
- [tort of invasion of privacy](https://kornfeldllp.com/tag/tort-of-invasion-of-privacy/)
- [wills and estates](https://kornfeldllp.com/tag/wills-and-estates/)
- [Benchmark Litigation](https://kornfeldllp.com/tag/benchmark-litigation/)
- [Shane Coblin](https://kornfeldllp.com/tag/shane-coblin/)
- [alternative dispute resolution dispute resolution](https://kornfeldllp.com/tag/alternative-dispute-resolution-dispute-resolution/)
- [Brentwood Lanes](https://kornfeldllp.com/tag/brentwood-lanes/)
- [client victory](https://kornfeldllp.com/tag/client-victory/)
- [litigation](https://kornfeldllp.com/tag/litigation/)
- [real estate contract](https://kornfeldllp.com/tag/real-estate-contract/)
- [mike nienhuis](https://kornfeldllp.com/tag/mike-nienhuis/)
- [Jordan Langlois](https://kornfeldllp.com/tag/jordan-langlois/)
- [kornfeld llp](https://kornfeldllp.com/tag/kornfeld-llp/)
- [Neil Kornfeld](https://kornfeldllp.com/tag/neil-kornfeld/)
- [Q.C.](https://kornfeldllp.com/tag/q-c/)
- [redevelopment](https://kornfeldllp.com/tag/redevelopment/)
- [Woodward's](https://kornfeldllp.com/tag/woodwards/)
- [dan parlow](https://kornfeldllp.com/tag/dan-parlow/)
- [nils preshaw](https://kornfeldllp.com/tag/nils-preshaw/)
- [corporate lawyer](https://kornfeldllp.com/tag/corporate-lawyer/)
- [financial transactions](https://kornfeldllp.com/tag/financial-transactions/)
- [jennifer lowson](https://kornfeldllp.com/tag/jennifer-lowson/)
- [covid 19](https://kornfeldllp.com/tag/covid-19/)
- [employment act](https://kornfeldllp.com/tag/employment-act/)
- [esa](https://kornfeldllp.com/tag/esa/)
- [acfe](https://kornfeldllp.com/tag/acfe/)
- [fraud](https://kornfeldllp.com/tag/fraud/)
- [recession](https://kornfeldllp.com/tag/recession/)
- [disclosure of beneficial ownership](https://kornfeldllp.com/tag/disclosure-of-beneficial-ownership/)
- [land owner transparency act](https://kornfeldllp.com/tag/land-owner-transparency-act/)
- [property transfer tax](https://kornfeldllp.com/tag/property-transfer-tax/)
- [transparency register](https://kornfeldllp.com/tag/transparency-register/)
- [2020 benchmark canada](https://kornfeldllp.com/tag/2020-benchmark-canada/)
- [devin lucas](https://kornfeldllp.com/tag/devin-lucas/)
- [family business](https://kornfeldllp.com/tag/family-business/)
- [forced out](https://kornfeldllp.com/tag/forced-out/)
- [shareholders](https://kornfeldllp.com/tag/shareholders/)
- [interpol](https://kornfeldllp.com/tag/interpol/)
- [red notice](https://kornfeldllp.com/tag/red-notice/)
- [shane d. coblin](https://kornfeldllp.com/tag/shane-d-coblin/)
- [aron csaplaros](https://kornfeldllp.com/tag/aron-csaplaros/)
- [kornfeld articling application](https://kornfeldllp.com/tag/kornfeld-articling-application/)
- [kornfeld articling program](https://kornfeldllp.com/tag/kornfeld-articling-program/)
- [kornfeld summer student](https://kornfeldllp.com/tag/kornfeld-summer-student/)
- [best lawyers 2021](https://kornfeldllp.com/tag/best-lawyers-2021/)
- [best lawyers canada](https://kornfeldllp.com/tag/best-lawyers-canada/)
- [best lawyers north america](https://kornfeldllp.com/tag/best-lawyers-north-america/)
- [best lawyers vancouver](https://kornfeldllp.com/tag/best-lawyers-vancouver/)
- [corporate and commercial litigation](https://kornfeldllp.com/tag/corporate-and-commercial-litigation/)
- [corporate law vancouver](https://kornfeldllp.com/tag/corporate-law-vancouver/)
- [kornfeld partner](https://kornfeldllp.com/tag/kornfeld-partner/)
- [e-filing](https://kornfeldllp.com/tag/e-filing/)
- [virtual court](https://kornfeldllp.com/tag/virtual-court/)
- [lana li](https://kornfeldllp.com/tag/lana-li/)
- [mandatory mediation b.c.](https://kornfeldllp.com/tag/mandatory-mediation-b-c/)
- [mandatory mediation british columbia](https://kornfeldllp.com/tag/mandatory-mediation-british-columbia/)
- [mandatory mediation canada](https://kornfeldllp.com/tag/mandatory-mediation-canada/)
- [pros and cons of mediation](https://kornfeldllp.com/tag/pros-and-cons-of-mediation/)
- [b.c. society act](https://kornfeldllp.com/tag/b-c-society-act/)
- [board of directors](https://kornfeldllp.com/tag/board-of-directors/)
- [forming a society in b.c.](https://kornfeldllp.com/tag/forming-a-society-in-b-c/)
- [member funded society](https://kornfeldllp.com/tag/member-funded-society/)
- [society bylaws](https://kornfeldllp.com/tag/society-bylaws/)
- [society formation](https://kornfeldllp.com/tag/society-formation/)
- [society incorporation in b.c.](https://kornfeldllp.com/tag/society-incorporation-in-b-c/)
- [law school](https://kornfeldllp.com/tag/law-school/)
- [law school admission test](https://kornfeldllp.com/tag/law-school-admission-test/)
- [law student](https://kornfeldllp.com/tag/law-student/)
- [lsat](https://kornfeldllp.com/tag/lsat/)
- [prospective law students](https://kornfeldllp.com/tag/prospective-law-students/)
- [chartered institute of arbitrators](https://kornfeldllp.com/tag/chartered-institute-of-arbitrators/)
- [class-action litigation](https://kornfeldllp.com/tag/class-action-litigation/)
- [gig economy](https://kornfeldllp.com/tag/gig-economy/)
- [supreme court of UK](https://kornfeldllp.com/tag/supreme-court-of-uk/)
- [uber](https://kornfeldllp.com/tag/uber/)
- [uber drivers](https://kornfeldllp.com/tag/uber-drivers/)
- [heller decision](https://kornfeldllp.com/tag/heller-decision/)
- [lyft](https://kornfeldllp.com/tag/lyft/)
- [lyft canada vs. united food and commercial workers](https://kornfeldllp.com/tag/lyft-canada-vs-united-food-and-commercial-workers/)
- [milaad hashmi](https://kornfeldllp.com/tag/milaad-hashmi/)
- [unfair labour practice](https://kornfeldllp.com/tag/unfair-labour-practice/)
- [2021](https://kornfeldllp.com/tag/2021/)
- [litigation stars](https://kornfeldllp.com/tag/litigation-stars/)
- [adequacy of pleadings](https://kornfeldllp.com/tag/adequacy-of-pleadings/)
- [competing claims toa common fund or property](https://kornfeldllp.com/tag/competing-claims-toa-common-fund-or-property/)
- [constructive trusts](https://kornfeldllp.com/tag/constructive-trusts/)
- [equitable liens](https://kornfeldllp.com/tag/equitable-liens/)
- [express or implied trusts](https://kornfeldllp.com/tag/express-or-implied-trusts/)
- [extending remedy to assets not directly traceable](https://kornfeldllp.com/tag/extending-remedy-to-assets-not-directly-traceable/)
- [fraudulent conveyances](https://kornfeldllp.com/tag/fraudulent-conveyances/)
- [principles of tracing](https://kornfeldllp.com/tag/principles-of-tracing/)
- [real estate law](https://kornfeldllp.com/tag/real-estate-law/)
- [tracing by competing claimants of properties fraudulently conveyed](https://kornfeldllp.com/tag/tracing-by-competing-claimants-of-properties-fraudulently-conveyed/)
- [when tracing is possible](https://kornfeldllp.com/tag/when-tracing-is-possible/)
- [articling student](https://kornfeldllp.com/tag/articling-student/)
- [new associate](https://kornfeldllp.com/tag/new-associate/)
- [crown prosecutor](https://kornfeldllp.com/tag/crown-prosecutor/)
- [best lawyers](https://kornfeldllp.com/tag/best-lawyers/)
- [commercial real estate litigation](https://kornfeldllp.com/tag/commercial-real-estate-litigation/)
- [corporate and commercial](https://kornfeldllp.com/tag/corporate-and-commercial/)
- [contract amendment](https://kornfeldllp.com/tag/contract-amendment/)
- [frustration contract](https://kornfeldllp.com/tag/frustration-contract/)
- [travel industry covid](https://kornfeldllp.com/tag/travel-industry-covid/)
- [kornfeld law](https://kornfeldllp.com/tag/kornfeld-law/)
- [law firm merger](https://kornfeldllp.com/tag/law-firm-merger/)
- [shapray cramer fitterman lamer](https://kornfeldllp.com/tag/shapray-cramer-fitterman-lamer/)
- [benias v lee](https://kornfeldllp.com/tag/benias-v-lee/)
- [family law act](https://kornfeldllp.com/tag/family-law-act/)
- [partition of property](https://kornfeldllp.com/tag/partition-of-property/)
- [sale of property](https://kornfeldllp.com/tag/sale-of-property/)
- [separation](https://kornfeldllp.com/tag/separation/)

## Practice Areas

- [Real Estate Transactions and Development](https://kornfeldllp.com/cat-practice-area/real-estate-transactions-and-development/)
- [Litigation and Dispute Resolution](https://kornfeldllp.com/cat-practice-area/litigation-and-dispute-resolution/)
- [Commercial Lending](https://kornfeldllp.com/cat-practice-area/commercial-lending/)
- [Corporate/Commercial: Mergers and Acquisitions](https://kornfeldllp.com/cat-practice-area/corporate-and-commercial/)
- [Securities and Corporate Finance](https://kornfeldllp.com/cat-practice-area/securities-and-corporate-finance/)

## Roles

- [Associate](https://kornfeldllp.com/cat-cat_role/associate/)
- [Partner](https://kornfeldllp.com/cat-cat_role/partner/)
- [Associate Counsel](https://kornfeldllp.com/cat-cat_role/associate-counsel/)
- [Articled Student](https://kornfeldllp.com/cat-cat_role/articled-student/)

## Articling Periods

- [Articling Class of 2026](https://kornfeldllp.com/cat-articling_periods/2026-2027-articling-students/)
- [Articling Class of 2027](https://kornfeldllp.com/cat-articling_periods/articling-class-2027/)
- [Articling Class of 2028](https://kornfeldllp.com/cat-articling_periods/articling-class-2028/)

## Testimonial Groups

- [Students](https://kornfeldllp.com/cat-cat_role/students/)