The Supreme Court of British Columbia’s recent December 2023 decision in MacKinnon v Pfizer Canada Inc. (MacKinnon) illustrates that certifying a national class action against product manufacturers based on breaches of...more
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
UN Member States Adopt Code of Conduct for Arbitrators in Investor-State Disputes - At its 56th annual session held in Vienna in July 2023, the United Nations Commission on International Trade Law (UNCITRAL) formally...more
In its recent decision in Kingsgate Property Ltd. v Vancouver School District No. 39, 2023 BCSC 560, the Supreme Court of British Columbia considered, among other things, whether an arbitral tribunal's interpretation of a...more
In Williams v. Audible, the Supreme Court of British Columbia (the “Court”) considered three applications in the context of a proposed conspiracy class action focused on exclusivity provisions in an agreement between Audible...more
In Douez v. Facebook, Inc., 2022 BCSC 914, the Supreme Court of British Columbia (the “Court”) held that Facebook used class members’ names and images in its “Sponsored Stories” advertising program without their consent,...more
In Sutter Hill Management Corporation v. Mpire Capital Corporation (Sutter), the British Columbia Court of Appeal found that the acquiror of an Abbotsford, B.C. care home had breached the purchase and sale agreement by...more
The British Columbia Court of Appeal recently affirmed that it continues to be bound by the existing legal test for adverse discrimination on the ground of “family status” established in Health Sciences Assoc. of B.C. v....more
The recent decision by the Supreme Court of British Columbia (BCSC) in Yahey v British Columbia (2018 BCSC 123, 25 January 2018) offers interesting insight into the circumstances in which benefit sharing agreements and...more