In a highly anticipated decision, the Supreme Court of Canada (the “SCC”) in Barendregt v Grebliunas, 2022 SCC 22 confirmed the appropriate test for admitting additional evidence on appeal.
This decision confirms that the long-standing test set out in R.v. Palmer, [1980] 1 SCR 759, applies both to evidence that existed at the time of trial but was not adduced at that ...
Publication (communication of defamatory material to someone other than the plaintiff) is an essential element in a defamation claim. In the recent decision in Malak v Hanna, 2019 BCCA 106 (“Malak”) the British Columbia Court of Appeal confirmed that merely sending a hyperlink to defamatory material does not constitute publication.
In Malak, the plaintiff and his ...
The British Columbia Court of Appeal recently released its decision in Hunt v. The Owners, Strata Plan LMS 25556, 2018 BCCA 159, reaffirming the longstanding maxim that “justice must not only be done, it must be seen to be done.”
The Hunt decision arises out of arbitration over concerns about the installation of a heating, ventilation and air conditioning unit between ...
The British Columbia Court of Appeal (BCCA) recently released its first decision considering the application of BC's new limitations statute in the context of security enforcement generally and foreclosure practice specifically. The new limitations statute reduced the limitation period for contractual claims and security enforcement from six years to two years, and ...
Over the years, the courts have sought to protect the public interest in ascertaining the truth in civil litigation proceedings while at the same time affording protection to the privacy interests of the parties involved. The Court of Appeal for British Columbia recently addressed this issue in Duncan v. Lessing, 2018 BCCA 9, when affirming that the statutory tort of ...
On June 22, 2017, the Supreme Court of Canada (the "SCC") delivered its decision in Teal Cedar Products Ltd. v. British Columbia, 2017 SCC 32 [“Teal Cedar”]. The decision affirms the SCC's prior ruling that narrowly construes the types of issues which are questions of law for the purpose of an appeal to a court from an arbitration ruling in British Columbia, and mandates a ...
In the recent decision in Soprema Inc. v. Wolrige Mahon LLP, 2016 BCCA 471, the British Columbia Court of Appeal confirmed the status of solicitor-client privilege as “nearly absolute” and clarified the test for determining whether a party has impliedly waived of solicitor-client privilege by making its state of mind a material issue in an action.
Soprema commenced an ...
Two of the main benefits of private arbitration are said to be speed and finality. However, the long running case of Sattva Capital Corporation v. Creston Moly Corporation has been a prime example of how court intervention into the arbitration process can lead to arbitration being anything but speedy or final. I first blogged about this case on May 9, 2011 when it had ...
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