Insurance Covenants: Paying For Insurance is No Guarantee of Tort Immunity
Edited by Samantha Ip The Ontario Court of Appeal has made a clear statement on an insurer’s right to make a subrogated claim in the ... Continued
Where do trust assets go when a relationship breaks down?
Upon the breakdown of a spousal relationship, dividing property between the two spouses is often a contentious issue. One common source of conflict is the ... Continued
Various Definitions of “Spouse”
Historically, spouses were those that had undergone a formal marriage ceremony before a religious or secular authority. We now live in a world where the ... 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
Canadian Securities Regulators Consider Most ICOs and Tokens as Securities, Subject to Prospectus
CSA staff (“CSA”) on June 11, 2018 issued CSA Staff Notice 46-308, Securities Law Implications for Offerings of Tokens (’46-308”). 46-308 was intended to respond ... Continued
Playing with Fire: Insurers Need “clear, convincing and cogent” Evidence to Establish Fraud
In a recent Supreme Court of British Columbia judgment, the Court ruled against an insurer who sought to deny coverage for fire damage to an ... 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
Foreign Ownership Restrictions Eased in the Canadian Aviation Sector
With the Transportation Modernization Act (Bill C-49) receiving Royal Assent on May 23, 2018, the longstanding restriction on foreign ownership in the Canadian aviation sector ... 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
Explaining the Proposed Revisions to the Divorce Act (Canada)
Today in Ottawa, Federal Justice Minister Jody Wilson-Raybould introduced a bill that would see significant changes to Canada’s Divorce Act. The goals of Bill C-78 are to put the ... Continued
Immediate Changes to Subrogation Rights for Motor Vehicle Claims
Bills 20 and 22 which amend the Insurance (Vehicle) Act and Civil Resolution Tribunal Act received royal assent on May 17, 2018. An immediate change ... Continued
Supporting Indigenous governments: One child at a time
In the work to support Indigenous governments and their businesses, we sometimes forget about the children. Yet the 2016 Truth and Reconciliation Report and Calls ... Continued