April 2012

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

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The Obligation of Good Faith on Derivative Applications Narrowed

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Forum Selection Clauses Govern

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Contract Enforceability is a Matter of Substance over Form

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Website Users May be Bound by Contract Terms

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October 2011

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No more claims for consumers in price-fixing class actions?

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Does acceptance of payments under a proposal preclude a creditor from pursuing related debtor for the balance?

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Is the pendulum swinging towards creditors in CCAA proceedings?

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What's the latest word from the BCCA on the admission of pleadings from previous actions?

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The Tide May Be Turning on Pre-Sale Litigation

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February 2010

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West Bay - Can a claim for wrongful dismissal proceed once the employer has obtained protection under the CCAA?

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Seidel - What's the latest word from the BC Court of Appeal on the application of an arbitration clause to class actions?

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Petcetera - Can a landlord bar access to the tenant's premises once the tenant has given a notice of intention to make a proposal?

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Gill - Who, between an innocent registered land owner and an innocent lender, should bear the risk of a rogue obtaining mortgage proceeds by fraud?

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Hub - When does the contractual duty of fairness arise in the context of a bid made in response to an invitation to tender?

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Abakhan - Must a dishonest intent be proven in order to establish that a transfer of assets constitutes a fraudulent conveyance?

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Larc - Does making a demand for particulars prevent a party from seeking a stay of proceedings pursuant to an arbitration clause?

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