- Posts by James (Jim) D. Fraser
PartnerJim is a leading British Columbia practitioner in property tax and expropriation law with extensive experience since 1993 providing strategic advice and litigating appeals for a wide range of clients before tribunals and courts ...
Administrative decision-makers, like judges, can get the facts wrong. When a tribunal’s enabling legislation restricts appeals to questions of law alone, are participants precluded from asking the courts to review errors of fact or mixed fact and law? In a recent decision, the Supreme Court of Canada confirmed in Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8 that a ...
In a recent decision, the Supreme Court of Canada ("SCC") has expanded the scope for constructive taking (also called de facto expropriation) claims. They have removed the requirement to show that a government has acquired a beneficial interest in the relevant land whose development rights they impair. This requirement has been replaced with the much broader category of ...
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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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