In a decision released on June 26, 2020, Uber Technologies Inc. v. Heller 2020 SCC 16, the Supreme Court of Canada (the “SCC”) found invalid the arbitration clause in Uber’s standard form service agreement with its drivers in Canada, requiring that they arbitrate their disputes in the Netherlands. This decision paves the way for Uber’s drivers to proceed with a ...
On September 1, 2020, a new Arbitration Act, S.B.C. 2020, c. 2, (the "New Act") will come into force in B.C., which will repeal and replace the current Arbitration Act, R.S.B.C. 1996, c. 55 (the “Current Act”). The New Act will apply to arbitral proceedings commenced on or after the date it comes into force.
This is the first major overhaul since the Commercial ...
When is a question not “legal” enough for a court to weigh in? The Federal Court of Appeal recently weighed in on this question in Canada (Attorney General) v. Democracy Watch, 2020 FCA 69, overturning the Federal Court on exactly this issue. The two courts’ decisions illustrate the difficulty in deciding what is and is not fair game for judicial review, and the ...
After the initial phase of suspension of non-urgent hearings due to the COVID-19 pandemic, courts in British Columbia have started to move towards alternative ways to resume the operation of the justice system. With the increasing prevalence of remote communication options, courts have developed procedures to conduct hearings remotely using video or ...
Everyone is entitled to their own opinions.
Most of us were taught this maxim at an early age. But while the fundamental principle behind this saying holds true today, the reality is a little more complicated, especially with current technology. Now, with a single cellphone, practically anyone can publish their opinions online for the entire world to see. This has led to the ...
There is a wonderful scene in the 1976 Peter Seller’s film The Pink Panther Strikes Again in which he arrives at a Swiss hotel seeking a room. After a brief colloquy with the hotelier over obtaining a “rume,” he turns from the front desk to see a long haired dachshund lying quietly in the doorway leading to his suite. He asks the innkeeper, “Does your dawg bite?” and is ...
In most cases, a plaintiff seeking an interim or interlocutory injunction is required to give an undertaking as to damages. The purpose of this practice is to ensure that the defendant will be adequately compensated in the event that the injunction is granted, but the plaintiff is ultimately unable to prove its case on its merits. The defendant may suffer damages (such as lost ...
Could Pablo Escobar sue for breach of contract? Can a Tony Soprano get an agreement enforced by court order? You might think that in a commercial lawsuit, if a party admits having intended to break the law, their case is over. However, the reality is much more nuanced.
In dismissing a recent appeal, the B.C. Court of Appeal (BCCA) confirmed that the courts have a broad discretion ...
The global pandemic of the disease caused by a novel coronavirus, COVID-19, has caused unprecedented disruption to global supply chains and consumer demand and resulted in government-mandated restrictions to almost all businesses. Many companies, small and large, are facing insolvency and forced to make rapid decisions about what steps that they should take.
Background
On June 21, 2018, Parliament’s Greenhouse Gas Pollution Pricing Act (the Act) came into force. The Act sought to mitigate climate change by applying minimum national pricing standards for greenhouse gas (GHG) emissions to listed provinces that had not adopted sufficiently stringent pricing mechanisms.[1] Part 1 imposed a fuel charge to 22 listed ...
About Us
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.
Legal Disclaimer: The information made available on this webpage is for information purposes only. It does not constitute legal advice, and should not be relied on as such. Please contact our firm if you need legal advice or have questions about the content of this webpage.