Purchaser’s Lien: a Valid Claim to Interest in Land
In a recent decision, 1332404 B.C. Ltd. v. 1266685 B.C. Ltd., 2025 BCCA 46, the BC Court of Appeal has revisited the lesser-known remedy of ... 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
An Ideal, or An Obligation? Alberta Court of Appeal Confirms There Is no Fiduciary Duty Between a Post-secondary Institution and its Students
By Maria Starko and Michael Larsen Modern post-secondary institutions devote themselves to promoting student well-being and academic success, whether in the domain of teaching alone, ... Continued
Canadian Copyright Law Updates
This article reviews material developments in Canadian legislation, case law, and practice in the area of copyright in 2021. All references in this article to ... Continued
Bricks and Mortar or Online Order? Federal Court of Appeal decides what Constitutes Trademark “Use” in Association with Hotel Services
Over the last few decades, Courts in Canada have grappled with whether “hotel services” and “motel services” can be performed in Canada in the absence ... Continued
Interlocutory Injunctions in Trademark Cases: A POWERful Tool—When Available
As Canadian trademark practitioners know, it has generally been difficult to obtain interlocutory (or interim) injunctions in trademark infringement matters, particularly at the Federal Court ... Continued
Latest from BC Supreme Court on the claims of specific performance and damages
In a recent case, Bajwa v. Habib, 2019 BCSC 721, the BC Supreme Court clarified the law with respect to whether a party that was ... Continued
Learning from Serial Litigants – Part 2
In Part 1 of our series on serial student litigants (which can be found here), we discussed two recent decisions of the BC Supreme Court ... Continued
Are Injunctions Now Easier to Obtain in Canada?
Since the mid-1990s, brand owners in Canada have considered that their chances of obtaining interlocutory injunctions for trademark infringement at the Federal Court of Canada ... Continued
Riding the Waive: Court Clarifies Risks and Consequences of Signing a Waiver
Jamieson v. Whistler Mountain Resort, 2017 BCSC 1001, is a reminder to those that operate and participant in dangerous activities that signing waivers has legal ... Continued
The Difference between Derivative Actions and the Oppression Remedy
The British Columbia Business Corporation Act (the “Act”) provides different mechanisms for addressing corporate misconduct. Derivative actions and oppressions proceedings are remedies available under the ... Continued
Which Jurisdiction’s laws will govern your estate?
Introduction In our globalized world, it is not uncommon for people to own property or have residences in multiple jurisdictions. The international aspect of a ... Continued
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