Commercial Litigation and Dispute Resolution Blog

The Ontario Court of Appeal’s recent decision in R v. Hason^[1] underlines the critical importance of expert evidence not only being reliable and impartial but also appearing to be reliable and impartial. The case is also a reminder to litigators and anyone involved in litigation involving expert evidence that doing due diligence on your expert requires a truly deep ...

In a previous blog post, Multimillion Dollar Claims of Builders’ Lien Cancelled for a Buck, and One of These Subcontractor Liens is Not Like the Others, we discussed a B.C. Supreme Court decision that altered an owner’s right to discharge a subcontractor’s claim of lien under B.C.’s Builders Lien Act (the “Act”)^[1] because the owner had agreed to pay ...

Wills are intended to govern the distribution of an estate, keeping in mind the wishes and intention of the will-maker.  As a general rule, a will-maker may distribute their estate as they see fit and the courts recognize this principle of “testamentary autonomy”.  However, this right is not absolute.  In British Columbia, the courts can vary a testator’s wishes where ...

Developers frequently want to impose ongoing restrictions on purchasers.  Purchasers want their properties free of restrictions.  This tension has led to significant uncertainty (since the B.C. Court of Appeal’s decision in 585582 B.C. Ltd. v Anderson^[1]) about the enforceability of restrictive covenants requiring future commercial agreements.

This decision ...

Owning real property in British Columbia while a US resident has become increasingly complex and challenging. There are various taxes that apply to the purchase, ownership and subsequent transfer on death of such real property, as well as annual filing requirements. This article will provide an overview of such taxes in the estate planning context, as well as some items for ...

In Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., 2024 SCC 20, the Supreme Court of Canada (“SCC”) clarified the requirements to contract out of statutory conditions under the Sale of Goods Act, RSO 1990, c S.1 (“SGA”).

The decision may be relevant to exclusion clauses more broadly, including sale of goods legislation in other provinces. The key ...

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 ...

The International Bar Association (the “IBA”) recently published an updated version of the Guidelines on Conflicts of Interest in International Arbitration (the “Guidelines”).

The 2024 updates to the Guidelines address an arbitrator’s relationship with experts and co-arbitrators, public statements related to cases, failure to disclose conflicts, a ...

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.

When you sign a will, the will is intended after your death to govern the distribution of your estate in keeping with your wishes.  A will is the direction to your executor about which people, organizations or causes you want to benefit. 

Preparing a will is serious business.  In British Columbia, if you do not have a will, your estate will be treated as an “intestacy” and its ...