- Posts by Amy M. Nathanson
PartnerAmy is a litigator practicing civil and commercial litigation. She acts for clients in complex business and commercial disputes in a broad range of industries. Her practice areas include pension and benefits disputes, commercial ...
In Kent v. Panorama Mountain Village Inc., 2021 BCCA 332, the BC Court of Appeal overturned a lower court decision and found that a restrictive covenant requiring owners of a strata unit to rent to the public only through a centralized rental management system was in fact enforceable.
The petitioners own a strata unit in a complex at the Panorama Resort. A restrictive covenant ...
In King Day Holdings Ltd. v. The Owners, Strata Plan LMS3851[1], the general rule that strata owners are “all in it together” gave way to fairness considerations and King Day Holdings Ltd. (“King Day”) reigned supreme in its claim that the strata council’s allocation of strata fees based on unit entitlement was significantly unfair.
Strata Plan LMS3851 consists ...
Publication (communication of defamatory material to someone other than the plaintiff) is an essential element in a defamation claim. In the recent decision in Malak v Hanna, 2019 BCCA 106 (“Malak”) the British Columbia Court of Appeal confirmed that merely sending a hyperlink to defamatory material does not constitute publication.
In Malak, the plaintiff and his ...
The B.C. Supreme Court recently dismissed the plaintiffs’ claims in Northwest Organics, Limited Partnership v Roest, 2018 BCSC 866, a defamation action relating to a commercial composting facility. The claim arose after years of conflict between residents of a rural community who opposed construction of the facility and the facility’s owners. The residents had ...
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 action.
Soprema commenced an ...
Bell Mobility’s slogan may ring hollow for some Canadians in light of the Ontario Court of Appeal’s decision in Sankar v. Bell Mobility Inc., 2016 ONCA 242, which will likely end the $200-million class action involving as many as one million Canadians. In reasons issued April 4, 2016, the Court upheld the decision of the motions judge who, on a summary judgment motion ...
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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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