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April 2012

The Court of Appeal Settles the Priorities between Lien Claimants and Mortgagees

Bank of Montreal v. Peri Formwork Systems Ltd. 2012 BCCA 4

The latest word from the Court of Appeal on priorities between lien claimants and mortgagees and their receivers.

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The Obligation of Good Faith on Derivative Applications Narrowed

Holdyk v. Adolph, 2012 BCCA 37

Does the intention to wind up a company demonstrate a lack of good faith for those seeking to bring a derivative action?

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Forum Selection Clauses Govern

Preymann v. Ayus Technology Corporation, 2012 BCCA 30

The latest word on the enforceability of forum selection clauses.

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Contract Enforceability is a Matter of Substance over Form

Hoban Construction Ltd. v. Alexander, 2012 BCCA 75

Does a handwritten document, hastily drafted and signed in a gravel pit, constitute a legally binding contract?

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Website Users May be Bound by Contract Terms

Century 21 Canada Ltd. Partnership v. Rogers Communications Inc., 2011 BCSC 1196

A treatise on browsing, indexing, scraping and republishing internet content.

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