Western Canada Business Litigation Blog

Tag Archives: British Columbia Court of Appeal

Supreme Court of Canada confirms Sattva approach to review of commercial arbitration decisions in British Columbia

Posted in Civil Procedure
Comment

On June 22, 2017, the Supreme Court of Canada (the “SCC”) delivered its decision in Teal Cedar Products Ltd. v. British Columbia, 2017 SCC 32 [“Teal Cedar”]. The decision affirms the SCC’s prior ruling that narrowly construes the types of issues which are questions of law for the purpose of an appeal to a court… Continue Reading

BCCA Affirms Solicitor-Client Privilege as “nearly absolute”

Posted in Civil Litigation, Civil Procedure
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In the recent decision in Soprema Inc. v. Wolrige Mahon LLP, 2016 BCCA 471, the British Columbia Court of Appeal confirmed the status of solicitor-client privilege as “nearly absolute” and clarified the test for determining whether a party has impliedly waived of solicitor-client privilege by making its state of mind a material issue in an… Continue Reading

Finally, the Supreme Court of Canada puts some finality into Arbitrations

Posted in Civil Procedure
Comment

Two of the main benefits of private arbitration are said to be speed and finality. However, the long running case of Sattva Capital Corporation v. Creston Moly Corporation has been a prime example of how court intervention into the arbitration process can lead to arbitration being anything but speedy or final. I first blogged about this case… Continue Reading