Duty to Defend Triggered: Ambiguous Pollution Exclusion Clause
By Satinder Sidhu. A tragic workplace accident, resulting in the death of the insured, laid the background for the Ontario Court of Appeal’s (the “ONCA”) ... Continued
B.C. Court of Appeal Confirms There is No Tort of Blacklisting in Canada
Excluding persons from a potential contract or opportunity is a practice referred to as “blacklisting”. FORCOMP Forestry Consulting Ltd. v. British Columbia, 2021 BCCA 465 ... Continued
Employee’s Use of Company Email Leads to Lawsuit Against Former Employer
By Andrea Raso Employers should ensure that they have policies in place governing use of work emails for non-work-related purposes. The issue of employee use ... Continued
Termination of Employee Related to Dispute with Husband Leads to Large Damage Award
By Andrea Raso In the decision of Natasha Martin v. Grapevine Optical and Charles Fellnermayr, the British Columbia Human Rights Tribunal (“HRT”) recently awarded over ... Continued
Privacy, Penalties and AI Regulation – The New Digital Charter Implementation Act
By Jeff Holowaychuk and Lauren Zeleschuk Almost two years since it was first introduced as Bill C-11, Parliament is once again considering the Digital Charter ... Continued
Claims of Lien: Naming Owner is a Mandatory Requirement for a Lien Action
By Anna Sekunova and Kim Do We previously reported on Trans Canada Trenchless Ltd v Targa Contracting (2013) Ltd, 2021 BCSC 2518, a decision where ... Continued
Clark Wilson | Webinar: Navigating New Employee Entitlements: A Crash Course for Employers
On June 9, 2022, members of our Employment & Labour group, Andrea Raso, Catherine Repel and Debbie Preston, hosted a fast-paced, informative and interactive breakfast ... Continued
The New Framework for Relocating Children in Mobility Applications
By Dani Gorelov In Gordon v Goertz ([1996] 2 SCR 27) (“Gordon”), the Supreme Court of Canada drafted a framework for mobility applications. Since Gordon, ... Continued
Clarifying the Approach for Admitting New Evidence in Appellate Proceedings
By Dani Gorelov The Supreme Court of Canada decision of R. v. Palmer [1980] 1 SCR 759 (“Palmer”) established the criteria for appellate courts to ... Continued
Clark Wilson | Webinar:
Risk Management on Construction Projects
Members of our Infrastructure, Construction & Procurement group, Satinder Sidhu, Scott Lamb, Samantha Ip, Rosalie Clark and Kim Do presented a webinar last week on ... Continued
Province of British Columbia Issues New Litigation Directives for Civil Matters with Indigenous Peoples
By Melanee Bryniawsky On April 21, 2022 the Attorney General of British Columbia gave twenty directives to Provincial crown counsel in the Directives on Civil ... Continued
Any Relief for Improper Liens? Case Comment: Century Group Co. Ltd. v. KRS Excavating Ltd., 2022 BCSC 357
Builders liens are commonly referred to as “extraordinary tools” for unpaid contractors, subcontractors or suppliers to ensure that the cost of their unpaid labour and ... Continued