Malicious Defamation and the Duty to Defend ‘Mixed’ Claims
The recent BCMA v. Aviva Insurance case is not only interesting on its facts, but provides educational summaries of important principles on such matters as, ... Continued
Hyperlinking on the Internet Not Defamatory
The Supreme Court of Canada has now made clear that the use of hyperlinks to defamatory content on the Internet does not itself amount to ... Continued
What’s Old is New, Yet Again: Government Reintroduces Copyright Reform Bill
On September 29, 2011 the federal government introduced into Parliament Bill C-11, the Copyright Modernization Act. Canadians have seen a great number of proposals for ... Continued
BC Minimum Wage Increases Effective November 1st
A summary of the latest BC minimum wage increases, effective November 1, 2011, are as follows: the general minimum wage went from $8.75 to $9.50 ... Continued
Legislative Amendments: Board Composition and Personal Education Numbers
The Advanced Education Statutes Amendment Act, 2011 (Bill 18) was given first reading on November 3, 2011. Bill 18 introduces new provisions in respect of ... Continued
Reverse Merger Rules Tougher for U.S. Exchange Listings
The SEC approved tougher reverse merger rules for U.S. exchange listings.
False Allegations of Sexual Harassment Result in Punitive Damages Against Employer
In the recent decision of the Alberta Court of Appeal, Elgert v. Home Hardware Stores Limited, an employer learned a very tough lesson about the ... Continued
SCC Nixes Claims for Costs in Human Rights Hearings
In a decision handed down in late October 2011, the Supreme Court of Canada held that the Canadian Human Rights Tribunal did not have the ... Continued
Arbitration of Commercial Disputes: A Primer for the Trial Lawyers Association of BC
Trial in a court of law is, of course, the most traditional process for having commercial disputes resolved by an independent decision-maker. However, the civil ... Continued
A Commentary on the Auto Insurance System in BC
Nigel Kent, the head of Clark Wilson’s Insurance Practice Group, was asked to be the keynote speaker at the “Ontario Auto Insurance Conference” hosted by ... Continued
Resolution of Estate Litigation
It is evident that a testator will be inviting conflict and discord to the family if he or she does not discharge basic moral parental ... Continued
Is dementia included as a mental health disease under the Mental Health Act R.S.B.C. 1996, c.288
Under the Mental Health Act, R.S.B.C. 1996, c.288 (“MHA”), is dementia included as a mental health disease? The MHA does not define “mental health disease”, ... Continued