Commercial Litigation Brief - Spring 2008

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In This Issue:

There are probably two main reasons why true litigators

love what they do: the sheer variety of cases they

encounter, and the intellectually challenging nature

of the issues that arise in those cases. This issue of

the Commercial Litigation Brief contains elements of

both. Karen Carteri discusses a recent case in which

the court subordinated the parties’ contractual rights

in the context of approving a plan of arrangement.

Keith Clark then concisely describes a lengthy judgment

which has the potential to create massive uncertainty in forestry and mining rights both in BC and the rest of Canada. Ruba El-Sayegh explores the delicate issue of when medical examinations can be videotaped. The final article by Joseph D’Angelo and Benjamin Bathgate questions how a recommended law governing the use of apologies in the litigation context may impact on the resolution of disputes.

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