Western Canada Business Litigation Blog

Tag Archives: BC Court of Appeal

Search and Ye May Find Something Else: Use of Competitors’ Names in Keyword Advertising and Domains

Posted in Civil Litigation, Torts
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Introduction In Vancouver Community College v Vancouver Career College (Burnaby) 2017 BCCA 41, the British Columbia Court of Appeal found that Vancouver Community College (“VCC”) had established the tort of passing off against Vancouver Career College (“Career College”) for using “VCC” and “VCCollege” as part of Career College’s internet presence, overturning the trial judge on… Continue Reading

BC Court of Appeal Reaffirms Finality of Arbitration Decisions

Posted in Civil Litigation, Civil Procedure
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The recent decision of the British Columbia Court of Appeal in Chriscan Enterprises Ltd. v. St. Pierre, 2016 BCCA 442, reminds those who elect to resolve their business disputes through arbitration that decisions of the arbitrator, even those touching on the fairness of procedures, will generally be final and not subject to review by the… Continue Reading

How should a Strata deal with the Owner from Hell? – The Final Chapter!

Posted in Real Estate
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In several earlier posts I discussed a B.C. Supreme Court decision involving problem strata owners who had, for years, defied efforts by the strata council to moderate their poor conduct.  The court ordered the sale of the strata unit as the only practical means to bring an end to what was described as “outrageous conduct.”  The… Continue Reading

How should a Strata Deal with the Owner from Hell? – Part 3

Posted in Real Estate
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In my January 2012 and July 2012 blog posts, I discussed the ongoing saga of the Jordisons, arguably the epitome of strata owners from hell.  For a period of years, the Jordisons continually behaved in an obnoxious and outlandish manner towards their neighbors.  To try to stop them, the strata council levied fines totaling over $20,000 for their… Continue Reading

The “Interests of Justice” and the Civil Forfeiture Act: The B.C. Court of Appeal Weighs In…

Posted in Civil Forfeiture
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Some time ago I blogged about the decision in B.C. (Director of Civil Forfeiture) v. Wolff.  That case was something of a setback for the Director of Civil Forfeiture who had sought forfeiture from Mr. Wolff of his $52,000 truck.  In November 2005, Mr. Wolff was arrested for possession for the purposes of trafficking.  As… Continue Reading

British Columbia Court of Appeal Overturns TELUS Shareholder Meeting Decision

Posted in Commercial
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On October 2, 2012, I blogged about court intervention in shareholder proxy contests in British Columbia.  One of the cases referenced was a petition brought by TELUS to quash a meeting of TELUS’s shareholders requisitioned by an American hedge fund, Mason Capital Management LLC (“Mason Capital”).  This meeting was requisitioned in an attempt to block… Continue Reading

Why Can’t We Just All Get Along? Lessons from the Court of Appeal on the Arbitration of Partnership Disputes

Posted in Commercial
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In recent years it has become increasingly common for commercial contracts to include arbitration clauses requiring disputes that arise under the contract to be resolved through arbitration rather than by recourse to the court process.  Such clauses are also very prevalent in partnership agreements as they allow partners to resolve disputes in a relatively quick… Continue Reading

The Ground Shifts Again – B.C. Court of Appeal strictly applies REDMA in favour of a Non-Completing Purchaser

Posted in Real Estate
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On August 26, 2011, I blogged on the British Columbia Supreme Court decision in 229 Burrard Residential Limited Partnership v Essolat  (“299”).  299 was seen as levelling the ground for disputes under the Real Estate Development Marketing Act  (British Columbia) (“REDMA”).  This decision increased the likelihood that developers would be able to enforce pre-construction contracts entered into with purchasers… Continue Reading

The Court’s Jurisdiction to Investigate the Competence of an Individual: Temoin v. Martin, 2012 BCCA 250

Posted in Estate Litigation
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In an earlier blog I discussed a recent decision that recognized the Supreme Court’s ability, in appropriate circumstances, to order that an individual submit to medical examinations as part of the process of determining whether they were competent.  The case involved lay evidence of possible incompetence but the two medical opinions required under the Patients… Continue Reading

Am I Required to Complete my Real Estate Purchase? (a.k.a. the Mystifying World of Conditions Precedent)

Posted in Real Estate
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Agreements to purchase real estate are generally negotiated between real estate agents without the benefit of legal advice.  This can often lead to vagueness when “special” terms are added to the standard form agreements of purchase and sale. A case in point is the recent decision of the British Columbia Court of Appeal in Peier… Continue Reading

Developers Beware – Strict Compliance with Closing Procedures Required by the BC Court of Appeal

Posted in Construction, Real Estate
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I previously wrote on the legal issues faced by developers of residential condominium projects in British Columbia relating to the Real Estate Marketing Development Act (“REDMA”). The focus on REDMA compliance must not, however, distract a developer from focusing on more basic contractual compliance which can also create enforceability issues.  A case in point is a… Continue Reading

Can Step-children Seek to Vary a Will?

Posted in Estate Litigation
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Earlier this year, I wrote a short blog on the right of step-children to claim an inheritance from a step-parent or step-grandparents. The upshot was that, absent a specific bequest in the will, step-children do not have a right of inheritance from a step-parent.  This conclusion was recently made even more forcefully by the B.C. Court… Continue Reading

Are the Courts in B.C. Levelling the Ground? Recent decisions under REDMA

Posted in Real Estate
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The sale of condominiums in British Columbia is a big business.  The financing for the development of these condominiums is often dependant on the successful marketing and sale of the condominium units prior to construction.  These marketing and sale activities are governed by the Real Estate Development Marketing Act (British Columbia) (“REDMA”) which, among other things,… Continue Reading

Look Before You Leap – Is an Arbitration Agreement Right for You?

Posted in Civil Procedure, Commercial
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The press is riddled with stories concerning perceived problems with the court system.  Various commentators say it is too slow, too expensive and procedurally unwieldy.  These concerns have led some to conclude that arbitration is a better alternative. Arbitration agreements do have risks which parties should understand before agreeing to an alternate form of dispute resolution. The long running… Continue Reading

You Can’t Fight City Hall

Posted in Commercial, Public Law
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For many people, Susan Heyes is something of a folk hero.  Ms. Heyes is the proprietor of Hazel & Co., a woman’s clothing store formerly located at the corner of 16th Avenue and Cambie Street in Vancouver.  Like many other businesses located along the Cambie Street corridor, Ms. Heyes’ business was adversely affected by the… Continue Reading

k.d. lang Brings Home the Bacon – Artist Wins Lawsuit Against Former Manager

Posted in Fraud
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In an intersection of law and Canadian pop-culture, k.d. lang successfully defended her California judgment against her ex-manager, Annabel Lapp.  Lapp, a Canadian resident, had been k.d.’s manager for 16 years prior to November 2005.  Matters became nasty when k.d. sued Lapp in California for fraudulently handling her finances.  k.d. effectively obtained a default judgment… Continue Reading

The House remains Divided – the Ongoing Schism within the Anglican Church of Canada

Posted in Real Estate
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On December 12, 2010, the trustees of four dissident parishes within the Anglican Church of Canada (the “ACC”) announced that they will ask the Supreme Court of Canada to hear their appeal from the decision that the lands and buildings used by those parishes are held in trust for the ACC.  Effectively, this decision means that… Continue Reading

Bankruptcy Reform in Canada – Yet Further Protection for Pension Plan and Employee Claims?

Posted in Bankruptcy & Insolvency, Pension
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Amendments to the Bankruptcy and Insolvency Act (BIA) and related new legislation came into force in the summer of 2008 which were aimed at significantly enhancing and protecting, among other things, employee related claims against bankrupt or insolvent companies.  The amendments included a super priority charge over all assets for some, but not all, pension… Continue Reading