Uber not in the driver’s seat when it comes to arbitration clause
The Ontario Court of Appeal recently invalidated a mediation/arbitration clause used by Uber in its standard form driver’s contract. The driver in this case had ... Continued
Student Litigants – Part 1: Judicial Deference to Academic Decisions
Institutions of higher learning offer students a path to personal and intellectual transformation, and to a fulfilling and interesting life. Of course, certificates, diplomas and ... Continued
Trademark Demand Letters – Avoiding Unforced Errors In The Age of Social Media
Building—and then maintaining—a powerful brand is difficult; registering a trademark to protect your brand can also be a challenge. When you discover someone using your ... Continued
The Difficulty With Raising The Dead (Company)
Government of B.C. Unable To Transfer Liability For Pollution to Dissolved Corporation A recent case at the BC Supreme Court, British Columbia v. The Administrator ... Continued
Looks Like We’re Having A Shotgun Wedding: Arbitration Proceedings Merged Without Consent of All Parties
In a recent decision, JACOS v. Toyo Engineering, the Alberta Court of Queen’s Bench ordered that two related commercial arbitration proceedings could be consolidated (combined) ... Continued
The Tests for Undue Influence for Testamentary Gifts and Inter Vivos Transfers
Background In Seguin v. Pearson, 2018 ONCA 355, the appellant appealed an Ontario Superior Court of Justice decision in which the trial judge dismissed her ... Continued
Does “Death Do Us Part”? Separating the Living from the Dead in Family Law and Estate Litigation
A recent decision from the Court of Appeal for British Columbia outlines the rights and obligations between spouses in life and after death, and how ... Continued
Obtaining an interim advance on legal fees under the Family Law Act
In a recent BC Supreme Court case, Zhang v. Fan, 2018 BCSC 2162, Clark Wilson LLP successfully obtained a $350,000 interim advance for legal fees ... Continued
Clark Wilson officially certified as a “Great Place to Work”
Clark Wilson LLP is pleased to announce that we have been certified as a Great Place to Work by Great Place to Work® Institute Canada. ... Continued
Canary in the Mine – Legal Considerations for Green Buildings
There is a global demand and corresponding shift towards sustainable construction practices and more efficient, higher performance buildings. This is not surprising since building projects ... Continued
Fall Surprise: Parliament Tables New Trade-mark Amendments
More amendments tabled to the Trade-Marks Act before the previous amendments, tabled four years ago, have even been implemented. On October 29, 2018, Parliament tabled ... Continued
The Law of Privilege: What happens when company law collides with family law?
A new case from the Supreme Court of British Columbia shows that privilege may stop a director who is also a spouse in a family ... Continued