Commercial Litigation and Dispute Resolution Blog

The British Columbia Court of Appeal recently released its decision in Hunt v. The Owners, Strata Plan LMS 25556, 2018 BCCA 159, reaffirming the longstanding maxim that “justice must not only be done, it must be seen to be done.” 

The Hunt decision arises out of arbitration over concerns about the installation of a heating, ventilation and air conditioning unit between ...

On April 24, 2018, the BC government introduced Bill 21 to amend the Class Proceeding Act (“CPA”). The amendments will change BC from an “opt in” jurisdiction for non-residents to an “opt out” jurisdiction. There were a number of consequential amendments to the CPA that address the issues that will now arise from certification of “multi-jurisdictional” ...

Lawson Lundell LLP is pleased to announce the arrival of an experienced team of commercial litigation and dispute resolution lawyers in Calgary. Grant Vogeli, QC, Michael Donaldson, Shannon Wray, Shannon Hayes, Kelly Hannan, Marika Strobl and Jonathan Selnes have joined the firm from a leading firm in Calgary where they represented significant clients in a range of ...

Many assume that, with the advent of privacy statutes, companies have been required to notify their customers, or the relevant statutory authority, in the case of a data breach or improper accessing of customer data.  However, to date, for the vast majority of provinces and territories in Canada, that has not been the case, and the choice of whether or not to tell even those ...

The British Columbia Court of Appeal (BCCA) recently released its first decision considering the application of BC's new limitations statute in the context of security enforcement generally and foreclosure practice specifically. The new limitations statute reduced the limitation period for contractual claims and security enforcement from six years to two years, and ...

The recent Olympic coverage of ski-cross and slope style events in PyeongChang, combined with a cold snap and snow across B.C. (even in Vancouver), will likely inspire skiers and snowboarders to try some extreme moves of their own on the slopes. However, before launching yourself off a cliff to mimic an Olympian, it might be worth considering the legal context of such extreme ...

Over the years, the courts have sought to protect the public interest in ascertaining the truth in civil litigation proceedings while at the same time affording protection to the privacy interests of the parties involved. The Court of Appeal for British Columbia recently addressed this issue in Duncan v. Lessing, 2018 BCCA 9, when affirming that the statutory tort of ...

Over the years, the courts have developed various remedies to allow for the recovery of money in circumstances where fairness simply demands it. These remedies arise in situations where there is no legal or contractual relationship between the parties that might otherwise ground such a claim.  Situations like this arise where one person pays another sums of money under the ...

Can a court bind something that knows no bounds? The Supreme Court of Canada did just that recently when it upheld a British Columbia Court of Appeal decision to grant an interlocutory worldwide injunction against Google, requiring it to de-index certain websites from its global search results, where such websites were being used to sell merchandise in violation of several ...