Commercial Litigation and Dispute Resolution Blog

In an earlier blog I discussed a recent decision that recognized the Supreme Court’s ability, in appropriate circumstances, to order that an individual submit to medical examinations as part of the process of determining whether they were competent.  The case involved lay evidence of possible incompetence but the two medical opinions required under the Patients ...

In earlier blogs, I noted the financial success of the Office of the Director of Civil Forfeiture in recovering funds by seeking forfeiture of assets from people who are alleged to have been involved in “unlawful activity”.  As the Director frequently argues, the purpose is to take the profit out of criminal activity, to prevent the use of specific assets to unlawfully ...

The sky is falling!  Well, not really but some might think so given that the provincial government has introduced a bill, currently in first reading, that will bring some significant changes to the law governing limitation periods.  Limitation periods establish the time within which a lawsuit must be commenced, failing which it will be barred whatever its merits.  In the ...

You just met a nice foreign gentleman.  He asks you to assist him in facilitating a transfer of funds overseas.  You agree because he offers a 5% commission.  He produces a cheque payable to you, for a large sum, and asks you to deposit it into your bank account.  After retaining your commission, you wire the rest overseas as instructed.  Easy money!  Now, several weeks later, your bank ...

People are often asked, and frequently agree, to act as the executor of another’s estate.  This decision is generally made without an appreciation of what the executor’s role really is, particularly where there is a dispute over the Will.  Ordinarily, an executor is supposed to preserve the estate’s assets, pay the debts and distribute the balance to the beneficiaries ...

The B.C. Court of Appeal recently upheld, and arguably extended, the enforceability of liability waivers and releases signed by customers of commercial enterprises.  The decision, Loychuk v. Cougar Mountain Adventures Ltd., is a strong affirmation that participants in inherently risky recreational adventures who sign releases will not be able to sue if they are ...

Mutual wills are a common estate planning tool.  Typically, a couple agrees to leave all or most of their estate to the surviving spouse, who then agrees to provide irrevocable gifts over to children.  Mutual wills are premised on an agreement between the spouses that following the death of one of them, the other won’t change their will to defeat their current joint intention.  ...

It is increasingly common for clients to ask what legal steps are available to help them care for aging parents or relatives.  Generally, they have a relative who is slowly slipping into dementia or some other incapacitating state.  In recent years, the law has done much to remodel the legal landscape to better address these types of situations.  There are new or revised statutes ...

The internet is a wonderful thing.  It provides instant access to a universe of information on nearly endless subjects.  It is a worldwide forum for the exchange of content and ideas.  Anyone with access to a computer can opine on anything or anybody.  Frequently, commentators stray across the line and post defamatory content, often because they think their conduct anonymous.  ...

As any strata owner knows, an obstreperous unit owner can make everyone else’s life hell.  Keith Fraser, in a recent article in The Province reported on a B.C. Supreme Court ruling ordering problem strata owners to sell their unit as a result of their outrageous conduct.  The decision is interesting for two reasons.  First, it encourages strata councils to seek redress from ...