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
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
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