Congratulations to Clark Wilson’s Newest Partners
We are pleased to announce the appointment of five new partners, effective January 2020: Athar Malik Intellectual Property | Information Technology | Higher Learning Procuring, ... Continued
Fiduciary Duties in Commercial Relationships and Conflicts of Interest: Roussy v. Savage, 2019 BCSC 1669
The British Columbia Supreme Court’s recent decision in Roussy v. Savage, 2019 BCSC 1669, addresses several interesting corporate law issues arising in the context of ... Continued
Latest from BC Supreme Court on the claims of specific performance and damages
In a recent case, Bajwa v. Habib, 2019 BCSC 721, the BC Supreme Court clarified the law with respect to whether a party that was ... Continued
Emily Clough Outlines Two Recent BC Supreme Court Decisions for Thomson Reuters’ Taxnet Pro
In an article for Thomson Reuters’ Taxnet Pro website, Emily Clough summarizes two recent BC Supreme Court decisions that required the Court to determine when ... Continued
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