The Ticking of the Limitation Clock on Demand Loans
The new Limitation Act came into effect in British Columbia on June 1, 2013, and with it came some significant changes to the laws governing ... 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
Best Lawyers in Canada 2019
Congratulations to our 21 CW lawyers on being peer-selected for the 13th edition of Best Lawyers in Canada 2019: Aaron Singer, Alex Petrenko, Amy Mortimore, Bernard Pinsky, Q.C., Brent Meckling, Chris Ramsay, Darren Donnelly, David ... Continued
BC Court of Appeal changes the law of consideration
Consideration is a very important concept in contract law. Generally speaking, a contract is not enforceable unless some consideration – payment or other benefit – ... Continued
BC Supreme Court Finds Individual Liable For Assisting a Fiduciary In Breaching Their Fiduciary Duty
A fiduciary duty is a legal duty where one person (the “fiduciary”) has to act in the best interests of another (the “beneficiary”). Trust lies ... Continued
Pre-sale Contracts Disclaimed in Receivership of Real Estate Developer
On April 4, 2018, the Supreme Court of British Columbia issued a decision in Forjay Management Ltd. v. 0981478 B.C. Ltd., 2018 BCSC 527 [Forjay] ... Continued
Brendan Morley presenting at upcoming TLABC seminar
Brendan Morley will be presenting at a TLABC seminar next Friday on the topic of Equitable Doctrines, Defences and Remedies. This is a terrific learning opportunity ... Continued
The role of credibility in double costs awards
A successful litigant is typically entitled to their costs as against the unsuccessful party. However, many litigants are surprised to learn that a costs award in the usual ... Continued
Congratulations to Clark Wilson’s new partners
We’re pleased to announce the appointment of two new partners: Areet Kaila and Brendan Morley. Their work and results in their respective practices continue to ... Continued
Welcome Brent Meckling to our Business Litigation group
With over 25 years of experience as a litigator in commercial real estate, land use and contaminated sites, Brent Meckling has developed and refined a ... Continued
Conflicts for Arbitrators and Mediators
How far must an arbitrator go in disclosing a potential conflict of interest? The B.C. Supreme Court answered this question in Atlantic Industries Limited v. ... Continued
Insurers: Beware Of Reasonable Expectations
The Supreme Court of Canada recently decided the case of Sabean v. Portage La Prairie Mutual Insurance Co. This case involved the interpretation of an ... Continued