Commercial Litigation and Dispute Resolution Blog

Pre-judgment garnishing orders have been called “unique and extraordinary”.  They are one of only two forms of pre-judgment execution available in B.C., the second being the far more onerous Mareva injunction. What is a pre-judgment garnishing order and what does it do?

A pre-judgment garnishing order is a way of securing funds from a debtor to satisfy a judgment you ...

In a recent decision from the BC Court of Appeal, the court once again had to struggle with the often difficult issue of what is a “chattel” and what becomes a “fixture” during the course of a commercial tenancy.  In the result, the court confirmed that the test of a chattel v. fixture is not a subjective one, but rather is objective.  Accordingly, although parties to a ...

On September 18, 2015, the Supreme Court of Canada issued its reasons in Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, 2015 SCC 43.  Although the judgment concerned the interpretation of the Manitoba Builders’ Lien Act, it has implications for owners, contractors and others in the construction industry across Canada, including remedies available to ...

On September 4, 2015, the Supreme Court of Canada issued its decision in Chevron Corp v Yaiguaje, 2015 SCC 42. In a unanimous decision, the Court dismissed Chevron’s appeal, holding that Canadian courts have jurisdiction to enforce a foreign judgment whether or not the original dispute or the parties to it had any connection to Canada.  The decision will have far-reaching ...

Privacy is important. It is a matter of much current debate as changes in technology and the law arguably makes it more difficult to maintain and protect. Does the internet make privacy impossible? Is the passage of Bill C-51 a threat to individual privacy? Is the escalating use of drones a privacy concern? The answers to these questions are varied and uncertain. But how does ...

A recent Ontario Superior Court case will be of interest to commercial landlords and tenants alike.

In 1251614 Ontario Ltd v. Gurudutt, the tenant signed a 10 year lease that granted the tenant the right to renew the lease for 2 further terms of 5 years each, with rental rates to be negotiated at the time of renewal and settled by arbitration, if necessary. In addition, the lease ...

Restrictive covenants are commonly used for a wide variety of reasons.  They can ensure access across property or be part of a wider community plan.  They can define the use land can be put to or protect it for a singular purpose.   They are intended to be a commitment that runs with the land rather than just an obligation or benefit for the current owners.  There is no standard form of ...

On April 16, 2015, the Supreme Court of Canada released its Reasons for Judgment in the case of Carey v. Laiken, 2015 SCC 17, clarifying that a specific intention to breach a court order is not necessary for a finding of contempt, and clarifying when a Court can and cannot revisit a finding of contempt that it has previously made.

Mr. Carey was counsel for Mr. Sabourin and his ...

High profile professional cases of on-field misconduct (think Bertuzzi, McSorley, etc.) have generated considerable headlines in the past, but what about when you or me laces em’ up and goes out on the weekend to play beer league sports?

What are the legal lines we encounter between legitimate and in the heat of the moment physical contact (a body check or slide tackle) and ...

This is a vexing question. It generally arises when a rogue has made off with money or assets having perpetrated a fraud and has left behind two or more equally innocent victims. As between those victims, who should bear the loss?

Earlier this week, the Alberta Court of Appeal weighed in on just such a case. The short answer is that the court will look to the statutory rights of the ...