A relatively recent decision from the BC Court of Appeal will shield defendants from potential exposure to special costs orders, even if they end up losing the litigation. The decision creates an uneven playing field, where in certain types of litigation, successful defendants will recover special costs but successful plaintiffs will not. Plaintiffs’ counsel will ...
Can a public owner contract out of any liability for a failure to follow its own directives, policies and, indeed, its own terms and conditions of a procurement process, including a duty of fairness? Although that issue was largely resolved in the Supreme Court of Canada case of Tercon Contractors Ltd. v. British Columbia (Transportation and Highways), 2010 SCC 4, a ...
The B.C. Court of Appeal recently weighed in, for the first time, on the interpretation and application of the strata wind-up provisions in Part 16 of the Strata Property Act, (the “Act”). This is the first appellate decision to consider this aspect of the Act. It is an important decision because the court confirmed the validity of the practice and procedures for strata ...
On Thursday, May 17th, 2018, the International Commercial Arbitration Amendment Act received Royal Assent. The Act significantly modernizes British Columbia’s international arbitration legislation, the International Commercial Arbitration Act (“ICAA”), bringing the province in line with current international practices in the discipline. The most ...
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This blog is authored by members of the Litigation and Dispute Resolution Department. We follow new and interesting issues emerging in the legal and business communities. The wide range of experience among the members of our litigation group will provide a diverse and insightful examination of current legal trends and topics. Our goal is to provide a source of valuable information and insight on a wide variety of matters for our readers.
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