Expanded Fiduciary Duties for Directors of CBCA Companies
The principles from the seminal case on directors fiduciary duties, BCE Inc. v. 1976 Debentureholders, 2008 SCC 69 (“BCE”), has finally been codified. In this ... Continued
Update on the Federal Government’s Proposed Changes to the Taxation of Employee Stock Options
In the 2019 Federal Budget released earlier this year, the federal government announced proposed changes to the Income Tax Act (Canada) (the “Act”) which would ... Continued
Deliberate Alterations to a Will: Levesque Estate (Re), 2019 BCSC 927
A recent decision shows how the Court may find a will-maker’s handwritten changes to be legally effective. Whiting a Beneficiary Out of a Will In ... 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
When will the Court remove an Executor? Two recent decisions from the Supreme Court of British Columbia
Two recent BC Supreme Court decisions required the Court to determine when it is appropriate to remove an executor of an estate: Nieweler Estate (Re) ... Continued
The Changing Environment of Denials & Bad Faith Claims
This paper was initially authored for the Insurance Institute of British Columbia’s (IIBC) Insurance Symposium, April 2019. Over the course of the past two decades, ... Continued
Canadian Copyright Law Updates
This article reviews material developments in Canadian legislation, case law, and practice in the area of copyright in 2018. All references in this article to ... Continued
Case Comment – Modern Cleaning Concept Inc. v. Comité paritaire de l’entretien d’édifices publics de la région de Québec: Independent Contractors vs. Employees
The case of Modern Cleaning Concept Inc. v. Comité paritaire de l’entretien d’édifices publics de la région de Québec, 2019 SCC 28 provides the Supreme ... Continued
Learning From Serial Student Litigants – Part 3
In this, Part 3 of the series (and the final of this trilogy), we outline a set of management strategies for administrators, faculty, staff, and ... Continued
From Trade-marks to Trademarks: What Educational Institutions Should Expect from Canada’s New Trademark Law
Is it “trade-marks” “trademarks” or “trade marks”? Your answer likely depends on how much you care about grammatical rectitude as much as technical legal conformity, ... Continued
Trustworthy: A Primer on Post-Secondary Business Structures. Part 1 – The Wheelhouse Issue
Part 1 – The Wheelhouse Issue* Stories of post-secondary institutions deploying innovative independent, accountable, business structures, most often business trusts, to make the most of ... Continued
Successful Result in Halliday v. Halliday Estate, 2019 BCSC 554
In the recent BC Supreme Court case of Halliday v Halliday Estate, 2019 BCSC 554, Clark Wilson LLP was successful in challenging the validity of ... Continued