Commercial Litigation and Dispute Resolution Blog

In a recent case, Club Resorts Ltd. v. Van Breda, the Supreme Court of Canada elaborated on the “real and substantial connection” test, bringing greater clarity and predictability to the determination of whether a court is entitled to assume jurisdiction over a case which also has ties to a foreign jurisdiction.  In doing so, the Supreme Court of Canada has greatly ...

The sky is falling!  Well, not really but some might think so given that the provincial government has introduced a bill, currently in first reading, that will bring some significant changes to the law governing limitation periods.  Limitation periods establish the time within which a lawsuit must be commenced, failing which it will be barred whatever its merits.  In the ...

Retirement benefits have been much in the news recently with the announcement by the federal government that the eligibility age for public Old Age Security benefits will rise from 65-67 beginning in 2023.  Concerns about the affordability of retiree benefits is particularly acute in the private sector where factors such as the aging population, economic uncertainty ...

You just met a nice foreign gentleman.  He asks you to assist him in facilitating a transfer of funds overseas.  You agree because he offers a 5% commission.  He produces a cheque payable to you, for a large sum, and asks you to deposit it into your bank account.  After retaining your commission, you wire the rest overseas as instructed.  Easy money!  Now, several weeks later, your bank ...

People are often asked, and frequently agree, to act as the executor of another’s estate.  This decision is generally made without an appreciation of what the executor’s role really is, particularly where there is a dispute over the Will.  Ordinarily, an executor is supposed to preserve the estate’s assets, pay the debts and distribute the balance to the beneficiaries ...

The B.C. Court of Appeal recently upheld, and arguably extended, the enforceability of liability waivers and releases signed by customers of commercial enterprises.  The decision, Loychuk v. Cougar Mountain Adventures Ltd., is a strong affirmation that participants in inherently risky recreational adventures who sign releases will not be able to sue if they are ...

As a lifelong Canucks fan, I will never forget the video footage of Todd Bertuzzi tackling Steve Moore and the subsequent North American wide television coverage.  This incident was back in the news recently because Master Dash of the Ontario Superior Court of Justice ordered production of the Minutes of Settlement among Todd Bertuzzi, Marc Crawford (the former coach of the ...

Mutual wills are a common estate planning tool.  Typically, a couple agrees to leave all or most of their estate to the surviving spouse, who then agrees to provide irrevocable gifts over to children.  Mutual wills are premised on an agreement between the spouses that following the death of one of them, the other won’t change their will to defeat their current joint intention.  ...

It is increasingly common for clients to ask what legal steps are available to help them care for aging parents or relatives.  Generally, they have a relative who is slowly slipping into dementia or some other incapacitating state.  In recent years, the law has done much to remodel the legal landscape to better address these types of situations.  There are new or revised statutes ...

Last summer, I blogged on the ever expanding body of jurisprudence arising from purchasers of “pre-built” condominiums attempting to use their rescission rights provided under the Real Estate Development Marketing Act (British Columbia) (“REDMA”) to avoid completing their condominium purchases.  In particular, my blog related to the more developer friendly ...