The Sandbag
Have you ever negotiated a contract where the other party deliberately conceals information from you, intending to take advantage of that information after the deal ... Continued
Building and Strata Statutes Amendment Act
By Veronica Franco and Juan Pablo Mendez Campos In a marvel of efficiency, the BC government introduced into the legislature and made into law, the ... Continued
Pay Up: The Application of Pay-When-Paid Clauses in Construction Contracts
By Satinder Sidhu. The recent decision in Canadian Pressure Testing Technologies Ltd v EllisDon Industrial Inc., 2022 ABKB 649 illustrates the importance of clear drafting ... Continued
Closing the Gap? Mental capacity assessment orders in Sandhu (Re), 2022 BCSC 2027
By Polly Storey Ordering an adult to submit to an assessment of their mental capacity, without their consent, is an extreme measure. In 2012, however, ... Continued
Determining Capability – Horan v Fraser Health Authority, 2022 BCSC 1951
By Polly Storey In a recent decision of the BC Supreme Court, Justice Iyer has provided guidance regarding how capacity to consent to support and ... Continued
Claws and Effect – Family Separation and the Family Pet
As more families choose to adopt pets, the law may need to catch up with collective expectations and feelings surrounding those companion animals. The Ministry ... Continued
Getting Ready to Use the New Public Company Financing Exemption
The new prospectus exemption available to public companies listed on a Canadian stock exchange (the “New Exemption”) comes into force on November 21, 2022. Our previous ... Continued
Consultation with Indigenous Peoples in the Provincial Legislative Process
By Saul Joseph Background The Government of the Province of British Columbia (Province) has taken a further step towards the implementation of the Declaration on ... Continued
Certainty in Surrogacy: The Dangers and Realities of Informal Surrogacy
In a high-conflict case out of the Ontario Superior Court of Justice, the reality and dangers of entering into a surrogacy agreement without proper legal ... Continued
B.C. Supreme Court Reaffirms Low Bar to Trigger an Insurer’s Duty to Defend
KBK No. 11 Ventures Ltd. v. XL Insurance Company Ltd, 2022 BCSC 1652 re-affirms that the threshold for triggering the duty to defend is ... Continued
Changes to Privacy Law: FIPPA and Freedom of Information Requests
By Lauren Zeleschuk British Columbia’s public sector privacy legislation, the Freedom of Information and Protection of Privacy Act (“FIPPA”) was amended on November 25, 2021. ... Continued
Vancouver City Council adopts strategy for the implementation of UNDRIP
By Saul Joseph On October 25, 2022, Vancouver became the first city in Canada to formally adopt a strategy (Strategy) for the implementation of the ... Continued