Commercial Litigation and Dispute Resolution Blog

Anyone who has ever participated in a recreational or sporting activity, whether offered by a community organization or commercial operator, will be familiar with the types of release and waiver forms invariably required to be signed as a condition of participation.  Such forms typically purport to release the operator from liability for any and all injuries or other ...

I previously wrote on the legal issues faced by developers of residential condominium projects in British Columbia relating to the Real Estate Marketing Development Act (“REDMA”). The focus on REDMA compliance must not, however, distract a developer from focusing on more basic contractual compliance which can also create enforceability issues.  A case in point is ...

Earlier this year, I wrote a short blog on the right of step-children to claim an inheritance from a step-parent or step-grandparents. The upshot was that, absent a specific bequest in the will, step-children do not have a right of inheritance from a step-parent.  This conclusion was recently made even more forcefully by the B.C. Court of Appeal in the decision Peri v ...

The federal government and the legal profession have been at odds for a number of years over the extent to which lawyers can and should be regulated under the federal Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the “Act”).  The Government has long argued that if lawyers are not subject to the same anti-money laundering measures that apply to other ...

The Supreme Court of British Columbia recently handed down a decision on litigation between one of the country’s largest real estate companies, Century 21, and Rogers Communications Inc., the owner of the Zoocasa website which promotes property listings across Canada. The case deals with some groundbreaking issues on the subject of enforceability of a website’s ...

The separate legal personality of the corporation as distinct from its shareholders has been a corner stone of corporate law since the landmark decision of Salomon v. Salomon, [1897] AC 22.  Canadian courts have consistently held that a corporation is a distinct legal entity from its shareholders who are not liable for the acts of the corporation.  However, over the last ...

A common fraud perpetrated on financial institutions is the deposit of counterfeit cheques.  The account holder distances themselves from the fraud by portraying the payment as one they thought was part of a legitimate transaction.  The funds are often withdrawn or transferred before the cheque is returned as counterfeit, usually within a matter of days.  After the ...

The sale of condominiums in British Columbia is a big business.  The financing for the development of these condominiums is often dependant on the successful marketing and sale of the condominium units prior to construction.  These marketing and sale activities are governed by the Real Estate Development Marketing Act (British Columbia) (“REDMA”) which, among ...

If Cinderella had not married a prince, she might have cared a bit more about her legal status as a stepchild to her evil stepmother.  It is common ground that the relationships between stepparents and stepchildren can be difficult.  Vince Dixon of the Chicago Tribune recently provided sage guidance on how to mitigate some of those potential problems.  Communication is ...

On July 23^rd, ex-Fifa presidential candidate, Mohammad Bin Hammam (“MBH”) was banned from football related activity for life.  He is the most senior official to be banned by Fifa in its 107 year history.  For the uninitiated, Fifa is the governing global body for the sport of soccer.  A brief factoid:  Fifa has more members (208) than the International Olympic Committee; is ...