Commercial Litigation and Dispute Resolution Blog

On October 27 and 28, the British Columbia Court of Appeal heard the appeal in Equustek Solutions Inc. v. Jack, 2014 BCSC 1063, which will have significant implications for the ability of courts to deal with online wrongdoing, and which raises questions of how to balance a Court’s jurisdiction – and respect for the jurisdiction of other courts – with the worldwide reach ...

A recent decision from the British Columbia Supreme Court is a reminder that interlocutory restraints on speech are possible in Canada, albeit in rare circumstances.

In Richardson v. Hunter, 2014 BCSC 1960, the court issued an interlocutory injunction to restrain the defendant from publishing words that suggest that the plaintiff engaged in criminal conduct. The remedy ...

Frequent readers of this blog may recall a post from October 2012, in which we wrote about a Supreme Court of Canada decision that some believed, at the time, would result in the “death knell” for the remedy of specific performance in Canada at least in respect of commercial real estate transactions.  Since then, many courts have indeed grappled with whether that ...

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 ...

The Supreme Court of Canada struck down the court hearing fees imposed by the province of British Columbia as being unconstitutional because they prevent access to the courts in a manner that is inconsistent with section 96 of the Constitution and the underlying principle of the rule of law.

The Case History

The SCC’s October 2, 2014 decision in Trial Lawyers ...