The Duty of Good Faith in Commercial Tenancy Disputes
The recent decision of ARC Digital Canada Corp. v. Amacon Alaska Development Partnership, 2021 BCSC 1612 (“ARC Digital”) demonstrates that the doctrine of good faith ... Continued
Court of Appeal Expands Recovery of Legal Costs in Contaminated Sites Litigation
The recent decision of the British Columbia Court of Appeal (“BCCA”) in Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd.,[1] provides important clarification ... Continued
Clark Wilson Welcomes Four New Associates to the Firm
Clark Wilson is delighted to announce that Alison Colpitts, Juan Pablo Mendez Campos, Laura Besada, and Sunny Chiu have joined the firm as associates. Alison ... Continued
The New B.C. Arbitration Act
On September 1, 2020, amendments to the current B.C. Arbitration Act, R.S.B.C. 1996, c. 55 (the “Previous Act”) come into effect by way of the ... Continued
Pursuing Legal Claims after the Lockdown Ends
For the past two months most businesses have been focused entirely on managing their response to the pandemic and the significant stress placed upon their ... Continued
No Force Majeure Clause? Where to Look Next in the Agreement
Force majeure clauses in commercial contracts may provide relief to a party who cannot perform their obligations due to the COVID-19 pandemic but what happens ... Continued
Resolving Business Disputes in the Age of COVID-19
Update: April 28, 2020 In this article we summarize the options available to litigants and interested parties to resolve their disputes during the COVID-19 pandemic. ... Continued
COVID-19: Impact on Contractual Obligations
Canada is facing an unprecedented slowdown as a result of the novel coronavirus (Covid-19). Schools and businesses are shutting down, borders have closed, and global ... Continued
Essential Services Providers Protected Against Liability for COVID Spread
On April 2, 2020, the Minister of Public Safety and Solicitor General issued the Protection Against Liability (COVID-19) Order, which should allow those providing Essential ... Continued
Limitation Periods Suspended During COVID-19
We wrote earlier regarding the Notice issued by the Supreme Court of British Columbia to the Profession to adjourn all civil and family matters scheduled ... Continued
Contracts in the Age of COVID-19
Nearly all businesses have been or will be wrestling with the question of whether they can deliver what they have promised under agreements and the ... Continued
Beware the Early Termination of Contracts
The recent decision of the British Columbia Supreme Court in Six Factor Professional Services Ltd. v Aquilini Investment Group Limited Partnership, 2020 BCSC 127 is ... Continued