A limitation period is a specific period of time within which a person with a legal claim must commence a court proceeding to assert that claim. In British Columbia, the Limitation Act, SBC 2012, c 13 (the “Limitation Act”) provides for a basic limitation period of two years from the date a claim is discovered. Failure to start a claim within the applicable limitation ...
BC Court of Appeal Settles the Law on Lien Rights for Construction Projects that Span Multiple Parcels of Land
The B.C. Court of Appeal (the “BCCA”) recently issued reasons for judgment in the highly anticipated case of JVD Installations Inc. v Skookum Creek Power Partnership (“Skookum”). The court, for the first time, declared that a “single integrated ...
In late September 2021, a judge of the British Columbia Supreme Court in chambers refused the application of Teal Cedar Products Ltd. (“Teal”) to extend the interlocutory injunction to protect its ongoing logging operations in the Fairy Creek watershed on Vancouver Island from unlawful interference by protesters.[1] Media coverage about the protests over old ...
Earlier this year, we wrote about how questions about the applicable standard of review of arbitral awards had been re-opened by two decisions of the Supreme Court of Canada (“SCC”), Canada (Minister of Citizenship and Immigration) v. Vavilov[1] (“Vavilov”) and Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District[2] (“Wastech”).
On ...
In ES v Shillington[1], a decision issued last month, the Alberta Court of Queen’s Bench recognized the tort of Public Disclosure of Private Facts, a new cause of action that protects private information from public disclosure.[2] Formal recognition of this tort in Alberta marks an important development in the law, giving additional legal protection to individuals’ ...
In Kent v. Panorama Mountain Village Inc., 2021 BCCA 332, the BC Court of Appeal overturned a lower court decision and found that a restrictive covenant requiring owners of a strata unit to rent to the public only through a centralized rental management system was in fact enforceable.
The petitioners own a strata unit in a complex at the Panorama Resort. A restrictive covenant ...
The British Columbia Court of Appeal has overturned previous decisions on the recoverability of legal costs associated with remediation under the Environmental Management Act (“EMA”). The decision is likely to have important ramifications on contaminated sites actions and on the role of lawyers in remediation in the future.
The EMA governs remediation (clean up ...
Once again the courts have confirmed that commercial tenants must pay their rent, despite arguments about the effect of COVID-19.
In a recent decision, Cherry Lane Shopping Centre Holdings Ltd v. Hudson’s Bay Company ULC, 2021 BCSC 1178, the Supreme Court of British Columbia found that the provisions of the lease requiring Hudson’s Bay to pay rent were “clear ...
On June 15, 2021, a new amendment to Rule 016 governing review of Alberta Utilities Commission (‘AUC’ or the ‘Commission’) decisions will take effect. The rationale for the change is described in AUC Bulletin 2021-11 (dated May 6, 2021). Rule 016 sets out the criteria and process through which the Commission’s decisions may be reviewed or varied on application by ...
In May 2021, the total value of cryptocurrency globally surpassed USD $2.5 trillion, and continues its emergence as a new asset class.[1]
Governments in Canada and around the world are updating regulatory requirements in response to the new innovations in financial technologies.
Historically, there has been regulatory uncertainty surrounding cryptocurrencies in ...
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This blog is authored by members of the Litigation and Dispute Resolution Department. We follow new and interesting issues emerging in the legal and business communities. The wide range of experience among the members of our litigation group will provide a diverse and insightful examination of current legal trends and topics. Our goal is to provide a source of valuable information and insight on a wide variety of matters for our readers.
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