Clark Wilson LLP

In times of cost escalation, owners sometimes revise the scope of work and ask the lowest bidder to resubmit. What is a general contractor's duty to its subcontractors in this situation? In G&S Electric Ltd. v. Devlan…more

Until very recently, the extent to which courts were willing to punish an employer for bad behaviour in the course of termination of an employee was relatively unknown. The spectre of significant punitive damages has led some…more

The arrival of BlackBerrys, PDAs and other forms of remote access has been hailed as a godsend for those looking for additional flexibility and options to keep in touch with our work. They provide more freedom to stay connected…more

Newspaper headlines have recently declared that Canada has managed to avoid a technical recession, but there is no doubt that 2008 has seen a slowing of the Canadian economy and recent world-wide financial turmoil likely means…more

In 1994, British Columbia?s Insurance Act was revised to provide for a mandatory appraisal procedure in cases of certain quantum disagreements between insurers and insureds. Over the past 14 years the appraisal process has…more

Because of the large dollar values involved in real estate transactions, the real estate industry has long been identified as being vulnerable to money laundering and, more recently, terrorist financing. Recent changes to…more

Adapting to a changing economy may lead an employer either to dismiss employees or to sell an entire business unit. Both events require careful planning. Many employees, wrongly, view a potential severance package as an asset…more

With the elimination of mandatory retirement in January of this year, it is expected that we will see more and more older workers remaining in the work force. Further, given there are not enough younger workers to replace them,…more

There are two general categories or types of pitfalls for employers in the recruitment process. The first relates to the requirements of the Human Rights Code which prohibits discrimination in employment advertising and hiring,…more

In today?s economic and technological climate, the issue of restructuring is becoming increasingly important. The goal of such restructuring is to reduce costs while maintaining the most valuable employees. While the court…more

Historically, the main responsibility of directors and officers of Canadian companies was to act in the best interests of their company. Accordingly, their main duty was to maximize corporate profits, and the ability to attract…more

Prepared for the Canadian Institute’s Forum on Product Liability and Recalls May 29 & 30, 2008 Since class action legislation was enacted in Ontario and British Columbia in the 1990’s, product liability claims have been a…more

The British Columbia Opportunity British Columbia’s 2007 Energy Plan’s stated intention is to provide direction in the area of secure energy supply in the face of the Province’s growth in demand, leadership in environmentally…more

When the supply of developable land is tight, opportunities remain for "new" stratified developments. Conversions from previously occupied rental properties to strata lots may be the most suitable option for urban developers…more

The British Columbia Legislature recently took steps to cap the liability exposure of auto dealers and auto leasing companies. Included in Bill 35, the Miscellaneous Statutes Amendment Act (No. 2) 2007 are provisions amending…more