Western Canada Business Litigation Blog

Tag Archives: Civil Procedure

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

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

“Is Too Much Communication a Bad Thing?” The Perils of Correspondence with Experts in Civil Cases

Posted in Civil Procedure
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Authors: Kinji Bourchier and Amy Nathanson. In the recent Ontario Superior Court case of Moore v. Getahun, 2014 ONSC 237 (“Moore”) the Court answered yes to this question and took a very restrictive approach to communications between counsel and experts.  Almost all civil litigators across the spectrum of cases deal with experts. Experts can play a significant, if not pivotal… Continue Reading

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

Posted in Civil Procedure
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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

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

British Columbia and Alberta New Rules of Civil Procedure – Initial Impressions

Posted in Civil Procedure, Commercial
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The court process in Canada’s two western most provinces have much in common.  Prominently, new Rules of Civil Procedure has come into effect in both British Columbia and Alberta in the last 8 months.  Rules of Civil Procedure, often called Rules of Court, establish the procedures by which lawsuits are commenced and proceed in the… Continue Reading