Western Canada Business Litigation Blog

Category Archives: Miscellaneous

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Supreme Court of Canada Strikes Balance Between Freedom of Expression and Suppression of Hate Speech

Posted in Miscellaneous
Comment

In the realm of Canadian human rights law, few topics have generated as much discussion and controversy in recent years as the “hate law” provisions found in many human rights statutes.  These provisions typically prohibit the publication of statements that have or are likely to have the effect of exposing a person or class of… Continue Reading

B.C. Supreme Court Rejects Auditor General’s Application for Access to Basi/Virk Accounts

Posted in Miscellaneous
Comment

On January 29, 2013, Chief Justice Robert Bauman of the BC Supreme Court released his decision (2013 BCSC 98) rejecting an application by the BC Auditor General for sweeping access to information and documents relating to the provincial government’s payment of legal fees on behalf of Mr. Basi and Mr. Virk, two former government employees… Continue Reading

When is an Unwritten Rule an Enforceable One?

Posted in Miscellaneous
Comment

Societies are generally groups of like-minded people who form a voluntary association for a particular purpose.  Societies can be are created for many reasons: a charitable purpose, fostering a sporting or cultural endeavour, or provide a framework for religious groups.  The Society Act creates the legal framework for the incorporation and organization of such groups. … Continue Reading

British Columbia Gives Utility Regulator New Fangs

Posted in Miscellaneous
Comment

British Columbia has become the latest North American jurisdiction to give utility regulators – in this case the BC Utilities Commission –  the power to impose “administrative penalties”.  Administrative penalties are like fines, but are imposed directly by the regulator outside the court process.  The fines can range from $25,000 to $1,000,000 per day, depending… Continue Reading

Supreme Court of Canada Gives Go Ahead to Sex Workers’ Challenge of Canada’s Prostitution Laws

Posted in Miscellaneous
Comment

On September 21, 2012, the Supreme Court of Canada rendered its decision in Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society, 2012 SCC 45 in which it found that the Respondent society (the “Society”) and one individual have standing to pursue a constitutional challenge to the Criminal Code provisions dealing with… Continue Reading

Ron Skolrood Profiled in CBA National Magazine

Posted in Miscellaneous
Comment

While the opportunity arises fairly regularly, it is not often that I take a moment to appreciate the publicly recognized merits of one of my colleagues.  I count myself among the lucky in finding the practice of law interesting and enjoyable though often challenging.  One of the reasons I am lucky is the people at… Continue Reading

B.C. Medical Services Commission Clamps Down on Private Health Facilities

Posted in Miscellaneous
Comment

On July 18, 2012 the B.C. Medical Services Commission (the “Commission”) released the results of an audit of two private health care facilities in Vancouver, the Cambie Surgery Centre and the Specialist Referral Clinic, which revealed that the two facilities have been billing patients directly for surgical and other medical services that are otherwise covered… Continue Reading

Case Comment on What the Assisted Suicide Ruling Really Means

Posted in Miscellaneous
Comment

On June 15, 2012, Madam Justice Lynn Smith of the British Columbia Supreme Court released her much anticipated reasons for judgment in Carter v. Canada (Attorney General), 2012 BCSC 886 in which she found that certain provisions of the Canadian Criminal Code that prohibit physician-assisted suicide are constitutionally of no force and effect in certain… Continue Reading

B.C. Supreme Court Upholds Anti-Polygamy Law

Posted in Miscellaneous, Public Law
Comment

On November 23, 2011, Chief Justice Robert Bauman of the British Columbia Supreme Court issued his much anticipated Reasons for Judgment in Reference re Section 293 of the Criminal Code of Canada, 2011 BCSC 1588, the constitutional reference concerning the validity of Canada’s anti-polygamy law.  Chief Justice Bauman found that the law is consistent with… Continue Reading

B.C. Supreme Court Exempts Lawyers from Federal Anti-Money Laundering Laws

Posted in Fraud, Miscellaneous
Comment

The federal government and the legal profession have been at odds for a number of years over the extent to which lawyers can and should be regulated under the federal Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the “Act”).  The Government has long argued that if lawyers are not subject to the same… Continue Reading

The Red Carding of Mohammed Bin Hammam

Posted in Fraud, Miscellaneous
Comment

On July 23rd, ex-Fifa presidential candidate, Mohammad Bin Hammam (“MBH”) was banned from football related activity for life.  He is the most senior official to be banned by Fifa in its 107 year history.  For the uninitiated, Fifa is the governing global body for the sport of soccer.  A brief factoid:  Fifa has more members… Continue Reading

Lawson Lundell’s Marko Vesely quoted in Vancouver Sun Voicemail Hacking Article

Posted in Defamation, Miscellaneous
Comment

The voicemail hacking scandal that brought down News of the World has raised questions about voicemail safety around the world. Gillian Shaw at the Vancouver Sun spoke to Lawson Lundell’s Marko Vesely to hear his thoughts on how these actions violate B.C.’s privacy act and Canada’s criminal code. Since then, the article has been picked… Continue Reading

The Supreme Court of Canada ends Anglican Church Litigation

Posted in Miscellaneous
Comment

On December 19, 2010. I blogged about the decision in Bentley et al. v. Anglican Synod of the Diocese of New Westminster et al.  In this case, the British Columbia Court of Appeal found that parish assets are held by the Anglican parish corporations in trust for the purpose of “Anglican ministry”.  Specifically, the trust… Continue Reading

Amendments to British Columbia’s Adult Guardianship Act

Posted in Fraud, Miscellaneous
Comment

A Vancouver realtor, Wilbur Roshinsky, was recently suspended by the Real Estate Council of B.C. for taking advantage of a 90 year old spinster suffering from dementia.  The realtor arranged to sell the spinster’s home to a developer for a price well below market rate.  CBC reports that the transaction was only caught and cancelled… Continue Reading