Western Canada Business Litigation Blog

Tag Archives: Contracts

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

The Supreme Court of Canada Moves the Law of Contract: The Principle of Good Faith and the Duty to Act Honestly

Posted in Commercial
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On November 13, 2014, the Supreme Court of Canada released its much anticipated decision in Bhasin v. Hrynew, 2014 SCC 71.  In its decision, the Supreme Court of Canada for the first time expressly recognized “good faith” as an organizing principle in the operation of contract law in Canadian common law provinces.  This is a… Continue Reading

Supreme Court of Canada Releases Decision on Commercial Real Estate Development: Specific Performance vs. Damages and Mitigation – The Latest Word

Posted in Real Estate
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The Supreme Court of Canada released its decision today in Southcott Estates Inc. v. Toronto Catholic District School Board, 2012 SCC 51 which addressed a number of thorny issues relevant to commercial real estate disputes including whether a Plaintiff must mitigate its damages where it has made a claim for specific performance of a real… Continue Reading

B.C. Supreme Court Rejects Certification of Proposed REDMA Class Action

Posted in Class Actions, Construction, Real Estate
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In June 2012, my colleague, Craig Ferris wrote about the B.C. Court of Appeal decision in 229 Burrard Residential Limited Partnership v. Essolat where the Court endorsed a strict application of the terms of the B.C. Real Estate Development Marketing Act (“REDMA”).  There, the Court set aside a pre-construction sales contract and ordered the return… 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

B.C. Courts Consider Changes to Retiree Health Care Benefits

Posted in Commercial
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Retirement benefits have been much in the news recently with the announcement by the federal government that the eligibility age for public Old Age Security benefits will rise from 65-67 beginning in 2023.  Concerns about the affordability of retiree benefits is particularly acute in the private sector where factors such as the aging population, economic… 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

Marko Vesely Discusses the Enforceability of a Website’s Terms of Use

Posted in Commercial
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The Supreme Court of British Columbia recently handed down a decision on litigation between one of the country’s largest real estate companies, Century 21, and Rogers Communications Inc., the owner of the Zoocasa website which promotes property listings across Canada. The case deals with some groundbreaking issues on the subject of enforceability of a website’s… 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