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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