Commercial Litigation and Dispute Resolution Blog

Some time ago I blogged about the decision in B.C. (Director of Civil Forfeiture) v. Wolff.  That case was something of a setback for the Director of Civil Forfeiture who had sought forfeiture from Mr. Wolff of his $52,000 truck.  In November 2005, Mr. Wolff was arrested for possession for the purposes of trafficking.  As a “favour”, Mr. Wolff was transporting a duffle bag of ...

Likely to the relief of publicly traded companies, the B.C. Supreme Court recently dismissed a claim in defamation over a corporate news release that provided general information about the intended response to a lawsuit.  The court did so on the grounds that news releases issued by companies to report on litigation brought against them are published on occasions of either ...

Guarantees are a very common form of security.  Lenders often ask for guarantees from the principals behind a business to whom they are going to extend credit.  Landlords will seek them from the principals of a corporate tenant.  Suppliers often make them part of a credit application.  Typically, guarantees are one of several documents signed as part of a new credit arrangement.  ...

Societies are generally groups of like-minded people who form a voluntary association for a particular purpose.  Societies can be are created for many reasons: a charitable purpose, fostering a sporting or cultural endeavour, or provide a framework for religious groups.  The Society Act creates the legal framework for the incorporation and organization of such groups.  ...

It is always a difficult situation when a loved one develops some form of dementia and gradually slips into incapacity.  It is even more troubling when well-meaning family members end up in a legal dispute over who should assume legal responsibility for the financial and personal care of the patient.  In recent years, Canadian legislatures have passed laws intended to make ...

What is an illegal contract and is it enforceable?  If an illegal contract is unenforceable, does the party who received its benefit get to keep that windfall?  The short answer to the first question is that a contract is illegal when it is either contrary to a statute or is contrary to public policy.  Generally, illegal contracts are not enforceable.  The answer to the second ...

Based on a recent B.C. Court of Appeal decision, Greater Vancouver Water District v. North American Pipe & Steel Ltd., the answer is yes. This case serves as a clear direction to the construction community that the courts will hold contractors to the specifications and warranties they give about the services and products they intend to supply to purchasers. This is good news ...

While the opportunity arises fairly regularly, it is not often that I take a moment to appreciate the publicly recognized merits of one of my colleagues.  I count myself among the lucky in finding the practice of law interesting and enjoyable though often challenging.  One of the reasons I am lucky is the people at my firm, lawyers and staff alike.  They are consistently a pleasure ...

Many parents, late in life, come to realize that one or more of their children are not people they like or respect.  There are usually a myriad of reasons for this, the cause of which depends on who you ask.  But for the parent, their disappointment often leads them to consider making no provision for that child in their will.  To disinherit a child, often in favour of others, is ...

In an earlier blog I discussed a B.C. Supreme Court decision involving problem strata owners who had, for years, defied efforts by the strata council to moderate their outrageous conduct.  The case was significant because the court ordered the strata unit sold as the only reasonable means of addressing the problems created by its owners.  The court held that it had ...