Commercial Litigation and Dispute Resolution Blog

In a joint statement with Meta, TikTok, Snap and X, on April 23, 2024, the BC government announced that it will put Bill 12 – 2024, Public Heath Accountability and Cost Recovery Act, on hold.  Instead, the government will strike the “BC Online Safety Action Table” in collaboration with Meta, Snap, TikTok and X, to discuss the tangible steps that can be taken to ensure safe, empowering experiences online.  Bill 12 had not been tabled for second reading since its introduction on March 14, 2024.

The use of Reverse Vesting Orders (“RVOs”) has become a common occurrence in Canadian insolvency proceedings in recent years. However, in PaySlate Inc. (Re)^[i] the Supreme Court of British Columbia initially declined to grant an RVO and instead offered guidance on when this extraordinary remedy is appropriate.

Key Takeaways

• RVOs are not the “norm;” they cannot ...

A recent decision has expanded the scope of cost-recovery actions for contaminated sites under the Environmental Management Act, SBC 2003, c.3 (the EMA). The decision confirms that unpaid contractors who have provided remediation services can bring claims against former owners, operators, or other responsible persons (and not just the person who hired them to perform ...

What do a “thumbs up” emoji and an email signature have in common? Both might have you wishing you never pressed send.

Last month, in a decision that has made international news, the Saskatchewan Court of King’s Bench gave a thumbs up to entering into contracts with a “thumbs up” emoji. In South West Terminal Ltd. v Achter Land, 2023 SKKB 116, the court held that ...

In a recent decision (V.I.T. Estates Ltd. v. New Westminster (City), 2023 BCCA 183), the BC Court of Appeal dismissed a challenge to a zoning bylaw requiring that certain privately-owned strata units in the City of New Westminster be used as rental properties. The Court’s conclusion turned primarily on its finding that the Residential Tenancy Act (“RTA”) does not ...

In a recent decision concerning invoices issued under several petroleum facilities agreements, Harvest Operations Corp. v. Obsidian Energy Ltd.,^[1] the Alberta Court of King’s Bench held that the limitations period starts running from the reasonable date by which the invoices ought to have been issued, not from a shorter contractual deadline for issuance.

The ...

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 ...

In a highly anticipated decision, the Supreme Court of Canada (the “SCC”) in Barendregt v Grebliunas, 2022 SCC 22 confirmed the appropriate test for admitting additional evidence on appeal.

This decision confirms that the long-standing test set out in R.v. Palmer, [1980] 1 SCR 759, applies both to evidence that existed at the time of trial but was not adduced at that ...

In a recent decision, Condominium Corporation No. 0522151 v JV Somerset Development Inc. (Somerset Condominium)^[1], the Alberta Court of Appeal held that the hands-off developer of a condominium building may be liable for construction deficiencies that emerge years after the units are sold to initial owners.

Background

JV Somerset Development was the developer of a ...

Vancouver International Arbitration Centre’s (“VanIAC”) new International Commercial Arbitration Rules of Procedure (the “New Rules”) came into effect on July 1, 2022. In this post, we summarise what you need to know about the New Rules.

The New Rules are a significant update to the previous version of the international arbitration rules, which were last ...