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B.C. Court of Appeal Decides Strata Corporations Lack Standing to Bring REDMA Claims Against Developers

Whether a strata corporation has the standing to bring representative Real Estate Development Marketing Act, SBC 2004, c 41 (REDMA) claims on behalf of owners has been a long-standing issue in strata property law. The B.C....more

In Dealing with Fraudulent Conveyances—The Rebuttable Presumption of Fraudulent Intent—IE CA 3 Holdings Ltd. v NYDIG ABL LLC, 2024...

A requirement of proving a fraudulent conveyance occurred is establishing that the conveyance was fraudulently intended. Courts in British Columbia will rely on the presence of ‘badges of fraud’, such as whether the...more

Another Brick in the Wall: British Columbia Court of Appeal Confirms Framework for Determining Arbitral Jurisdiction

For many reasons, including delays in the litigation system, choice of decision-maker and procedural flexibility, arbitration appears to be increasing in popularity as a means to resolve commercial disputes. But what happens...more

A New Test for Injunctions Against Defamation in British Columbia

Yu v 16 Pet Food & Supplies Inc., 2023 BCCA 397 (16 Pet Food), establishes a new test for pre-trial injunctions against defamatory speech in British Columbia....more

Beyond Serious Prejudice: The BCCA Establishes a New Test to Dismiss for Want of Prosecution

Not infrequently, a plaintiff loses interest in pursuing litigation without being willing to discontinue or settle, or starts litigation to preserve a limitation period without being committed to pursue it. Rule 22-7(7) of...more

Show Me the Money! British Columbia’s Money Judgement Enforcement Act

A legal system cannot adequately function without providing an effective mechanism for litigants to acquire their monetary judgements. The legislative methods employed in British Columbia to enforce money judgements have been...more

Broer v. Multiguide GmbH—Is the Subsequent Conduct of the Parties More Relevant Than You Think in the Context of Shareholder Loans...

It has long been established that where the circumstances in which funds are advanced by a shareholder to the company in which they own shares is unclear, the court must consider the "surrounding circumstances" when...more

Saskatchewan Court of King's Bench Rejects Rural Municipality's Attempts to Elevate Priority in Receivership

The Court of King's Bench for Saskatchewan has rejected another attempt by a rural municipality to gain priority in an oil and gas receivership. This follows the recent Alberta Decision in Orphan Well Association v Trident...more

The High Cost of Cost Indemnification: A Warning

A contractual indemnification can require the losing party in a lawsuit to pay the winning  party's full legal costs, the Alberta Court of Queen's Bench recently confirmed in Ruel v Rebonne, 2022 ABQB 486 [Ruel]. While courts...more

The Cullen Commission Releases Its Final Report on Money Laundering in British Columbia—Key Takeaways

On June 15th, 2022 the Commission of Inquiry into Money Laundering in British Columbia released its highly-anticipated Final Report which comes after years of work and a review of extensive evidence, including testimony from...more

An Update on Canada's Efforts to Amend the Criminal Rate of Interest

On March 22, 2022, Bill S-239, An Act to amend the Criminal Code (Criminal Interest Rate) went to second reading at the Senate. The Bill proposes changes to section 347(2) of the Criminal Code which would reduce the current...more

DIP Loans and the Criminal Rate of Interest

In Port Capital (EV) Inc. (Re), 2022 BCSC 370, the Supreme Court of British Columbia recently declined to grant a declaration that the interest rate and fees charged under a debtor-in-possession (DIP) loan did not violate...more

"Best Efforts" Clauses—B.C. Court of Appeal on the Consequences of Failing to Fulfill a Condition Precedent

A recent decision of the British Columbia Court of Appeal, Sutter Hill Management Corporation v Mpire Capital Corporation [Sutter Hill], 2022 BCCA 13, offers an illustration of the potentially harsh consequences that can...more

Court of Appeal Clarifies When Cross-Examination on Affidavits May Be Permitted in Pre-Trial Applications

In British Columbia, cross-examination on affidavits in the context of pre-trial applications is not as of right, as is the case in many other Canadian jurisdictions. Absent agreement, a party seeking to do so in B.C....more

B.C. Court of Appeal Decision Reminds Parties to Contracts to Read Before Signing

Written contracts are an essential tool in confirming the terms of an agreement between two parties following an apparently successful negotiation. Yet too often parties treat such agreements as mere formalities, signing them...more

Yukon Zinc: Reining in the Ability to Disclaim Contracts and Priority for Environmental Liabilities

We previously discussed the ​​​​​​​Court's decision in Yukon (Government of) v Yukon Zinc Corporation, 2020 YKSC 16, which opened the door to partial termination of agreements in a receivership, an action generally considered...more

Litigation Privilege Protects Against Disclosure of Database of Records

A litigation document management database does not have to be disclosed to the other side in a lawsuit, even where that leads to substantial expense and time consequences for a counterparty, the Federal Court of Appeal...more

Elections Advertising—What You Need to Know About the Third-Party Advertising Rules

On Monday, October 21, 2019, Canadians will head to the polls to vote in the 43rd federal election. This will be the first election under the new provisions of the Canada Elections Act (the "Act"). Introduced through the...more

Limitation Law and the Enforcement of Credit and Security Agreements

In June 2018, we wrote on the British Columbia Court of Appeal decision in Leatherman v 0969708 BC Ltd, 2018 BCCA 33, where the court considered sections 14 and 15 of the "new" Limitation Act, SBC 2012, c. 13 in the context...more

To Demand or Not Demand, That is Not the Only Question

Recently, the British Columbia Court of Appeal held that the two-year limitation period to enforce mortgage security ran from the first date of a default entitling the mortgagee to realize a security, not from the date of a...more

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