Commercial Litigation and Dispute Resolution Blog

It is common for someone writing a will to appoint as their executor a family member or friend.  Sometimes this is done without understanding what it means to be an executor.  Sometimes the ability and propriety of the proposed executor is not considered.  Often, the relationship between the proposed executor and the will-maker changes after the will has been written.  ...

In 2012, the B.C. Supreme Court dismissed a defamation claim over a corporate news release that provided general information about the intended response to a lawsuit.  The case was dismissed on the grounds that news releases issued by public companies to report on litigation brought against them are published on occasions of either absolute or qualified privilege.  As such ...

In 2012, the B.C. Court of Appeal decided the case of Loychuk v. Cougar Mountain Adventures Ltd. (discussed in an earlier blog post) In doing so, the Court made a clear pronouncement that people injured while taking part in inherently dangerous activities will be precluded from suing a commercial operator where they signed a release waiving claims in negligence.  Last ...

“The law of succession is among the most archaic areas of private law, and British Columbia legislation dealing with various aspects of succession is highly fragmented, spread throughout a forest of statutes.”

Wills, Estates and Succession,
A Modern Legal Framework,
B.C. Law Institute, 2006

Those words were written nearly a decade ago and described, in brief, the ...

Marko Vesely was recently interviewed by Financier Worldwide for its Commercial Arbitration Annual Review.  This review examines issues and developments in commercial arbitration around the world. In the interview, Marko provides the Canadian perspective, outlining some of the key benefits of arbitration, recent changes to arbitration legislation and the practical ...

On January 31, 2014, the Supreme Court of Canada released its decision in A.I. Enterprises Ltd. v. Bram Enterprises Ltd., 2014 SCC 12. This is an important commercial decision as it clarifies and narrows the scope of the tort of unlawful interference in economic relations. Canadian businesses will also welcome the Court's reference to commercial certainty as one of the ...

Some time ago, I wrote a blog post about a Court of Appeal decision that upheld, and arguably extended, the enforceability of liability waivers and releases signed by customers of commercial enterprises.  That particular case involved zip-lining, an activity the court described as an inherently risky recreational adventure.  While that decision served as confirmation ...

On Thursday January 23, 2014 the Supreme Court of Canada (“SCC”) issued two related decisions that may ultimately go a long way to the possible extinction of the conventional civil trial.  In Hryniak v. Mauldin 2014 SCC 7 and the companion case of Bruno Appliance & Furniture Inc. v. Hryniak 2014 SCC 8, the SCC in unanimous 7 – 0 decisions, issued very strong statements ...

It seemed like a good idea at the time. However, as time passes, things change and having a restrictive covenant on title to property can become a big problem. Restrictive covenants are charges registered on title to land that restrict the use and enjoyment of that land in some way.  They can prohibit activities on a property or confine the nature, size and location of ...

Are submissions, evidence and statements made in a regulatory proceeding subject to the same protection of absolute privilege that applies in a court? Not always; it depends on the proceeding.

In Wilson v Williams, 2013 BCCA 471, the court held that absolute privilege did not apply to statements made in letters submitted by persons who had registered as interveners in a ...