The recent decision of the British Columbia Court of Appeal in Chriscan Enterprises Ltd. v. St. Pierre, 2016 BCCA 442, reminds those who elect to resolve their business disputes through arbitration that decisions of the arbitrator, even those touching on the fairness of procedures, will generally be final and not subject to review by the courts. As the Court noted, the ...
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 ...
Authors: Kinji Bourchier and Amy Nathanson.
In the recent Ontario Superior Court case of Moore v. Getahun, 2014 ONSC 237 (“Moore”) the Court answered yes to this question and took a very restrictive approach to communications between counsel and experts. Almost all civil litigators across the spectrum of cases deal with experts. Experts can play a ...
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 ...
The press is riddled with stories concerning perceived problems with the court system. Various commentators say it is too slow, too expensive and procedurally unwieldy. These concerns have led some to conclude that arbitration is a better alternative. Arbitration agreements do have risks which parties should understand before agreeing to an alternate form of ...
The court process in Canada’s two western most provinces have much in common. Prominently, new Rules of Civil Procedure has come into effect in both British Columbia and Alberta in the last 8 months. Rules of Civil Procedure, often called Rules of Court, establish the procedures by which lawsuits are commenced and proceed in the superior courts of each province.
In British ...
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