How a Thumbs Up Emoji Set Contract Precedent in Canada 👍📝⚖️✍️
Authors: Hannah Plant In the recent decision, South West Terminal Ltd. v Achter Land, 2023 SKKB 116, a Saskatchewan Judge found the 👍 emoji met ... Continued
Real Estate Litigation: A Primer on Buyer’s Remedies When the Seller Defaults on a Real Estate Contract
By Anna Sekunova A real estate transaction can collapse for many reasons – for example, a default by a buyer or a seller, or an ... Continued
Michael Larsen Published in Law360 Canada
Clark Wilson’s Business Litigation associate Michael Larsen‘s article, “A primer on pre-judgment garnishment in B.C. civil litigation” was recently featured in Law360 Canada (previously The Lawyer’s Daily), which ... Continued
Freezing a Defendant’s Funds Before Judgment in British Columbia: A Primer On Pre-Judgment Garnishment in Civil Litigation
By Michael Larsen In British Columbia, pre-judgment garnishment is a legal process used in civil litigation to “freeze” a defendant’s funds before the outcome of ... Continued
Brent Meckling Published in Law360 Canada
Clark Wilson’s Business Litigation chair and partner Brent Meckling‘s article, “Five key benefits of including an arbitration clause to your agreements” was recently featured in ... Continued
Uncertainty of Terms: Daughter Unsuccessful in Enforcing Oral Agreement Against Father
While it is best practice for a contract to be recorded in writing, parties still enter into contractual relations via oral agreements and handshake deals. ... Continued
Unpaid Invoice – what happens after internal collection efforts are exhausted?
By Lauren Zeleschuk Even the most successful businesses deal with delinquent accounts. Usually, your customers pay their invoices, but when they don’t, legal action may ... Continued
Arbitration for Small & Medium-Sized Business: 5 Reasons to Include Arbitration Clauses in Your Agreements
By Brent Meckling Business disputes are often an unwelcome disruption to owners, often leading to financial losses, damaged reputations, and a decrease in productivity. This ... Continued
“Ready, Willing, and Able”: BC Court Clarifies Law on Sufficiency of Tender in Real Estate Transactions
By Anna Sekunova and Cameron Fox Parties negotiating agreements for sale of real estate always hope that closing day goes smoothly – but it is ... Continued
Court of Appeal clarifies limitation period for oppression claims based on continuous conduct
The Court of Appeal in Brockman v. Valmont Industries Holland B.V., 2022 BCCA 80, recently determined that the basic two‑year limitation period under s. 6 ... Continued
Planning a Joint Venture and Purchase of Shares? Essential Terms in your Letter of Intent (LOI) / Memorandum of Understanding (MOU)
Developers should take note of the BC Court of Appeal’s decision in Concord Pacific Acquisitions Inc. v. Oei,[1] and be very cautious when embarking on ... Continued
Constructive Trusts and Certificates of Pending Litigation: Latest Update on Pleading Requirements
In a recent decision Zou v Khatkar, 2021 BCSC 1931, the court revisited the topic of pleading requirements in claiming constructive trust to maintain a ... Continued