When Is An Insured Obliged to Disclose a Material Change In Risk?
Recently in Drechsler v. Canadian Northern Shield Insurance Company, 2021 BCSC 1673, the BCSC had the opportunity to consider a fresh argument when determining whether ... Continued
Upcoming Webinar on COVID Issues in the Workplace: Hot Topics and Q&A – September 23, 2021
Workplace issues continue to evolve with the COVID-19 pandemic and many employers have questions about how to navigate these murky and uncertain circumstances. There are ... Continued
The Opportunities and Challenges of Applying Common Law Principles to a Multicultural Nation
The common law legal system builds upon itself, with the higher courts setting precedent for the lower courts and so on. As society evolves, so ... Continued
Is Commercial Host Liability Expanding?
Bars and restaurants or commercial hosts who serve alcohol to customers owe a duty of care not only to customers but to third parties that ... Continued
Unjust Enrichment and Construction Contracts, Case Comment on Hans Demolition & Excavating Ltd. v. Green Oak Development (West 7th) Corp., 2021 BCSC 1472
The issue of whether or not a subcontractor can advance a claim of unjust enrichment (payment for work performed that a party received a benefit ... Continued
Clarifying “Reasonable Security Arrangements”: Privacy Commissioners Update Their Guidance
With the increasing frequency of phishing, malware and other cybersecurity threats, and the growing legal and reputational impacts of data breaches, securing your organization’s data ... Continued
Recent Additional School Tax Decision has Implications for B.C.’s Development Firms and Landowners
A recent decision by British Columbia’s Property Assessment Appeal Board (the “Board”) on the application of the additional school tax (the “AST”) may have implications ... Continued
The Duty of Good Faith in Commercial Tenancy Disputes
The recent decision of ARC Digital Canada Corp. v. Amacon Alaska Development Partnership, 2021 BCSC 1612 (“ARC Digital”) demonstrates that the doctrine of good faith ... Continued
Vaccination Issues in the Workplace: Communications to Employees & New Government Requirements
Given the advancing stage of the COVID-19 vaccine rollout in British Columbia, and with many employees returning to shared workspaces under loosened health and safety ... Continued
COVID-19 and the Curative Provision in WESA, s. 58: Bishop Estate v. Sheardown, 2021 BCSC 1571
In a recent decision from the Supreme Court of British Columbia, Justice Matthews had an opportunity to consider the impact of the COVID-19 restrictions on ... Continued
Why, Why, Why? The Importance of Reasons in Post-secondary Administrative Decision Making
The right for an affected party to receive reasons explaining an administrative decision is a well-established rule of procedural fairness. The result in a recent ... Continued
A Will-Maker’s Intentions Need Not Be Defeated by Delay: Simpson v. Simpson Estate, 2021 BCSC 1486
In a recent blog post, we commented s. 59 of the Wills, Estates and Succession Act (“WESA”), which permits a Court to correct a Will ... Continued