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
Notary liable for failing to advise on the sellers’ residency status
The recent case of Mao v. Liu, 2017 BCSC 226, has attracted much media attention in B.C. Several newspapers have published articles with titles such ... Continued
BC Supreme Court success for Jennifer Loeb
Jennifer Loeb recently won an eight-day trial at the Supreme Court of British Columbia in Smithers, BC. The case involved members and leadership of the ... Continued
The evolving test for wordwide Mareva injunctions or freezing orders
A Mareva injunction (or “freezing order”, as the relief is now called in England, where it originated) prevents a defendant, in many cases facing allegations ... Continued
The Difference between Derivative Actions and the Oppression Remedy
The British Columbia Business Corporation Act (the “Act”) provides different mechanisms for addressing corporate misconduct. Derivative actions and oppressions proceedings are remedies available under the ... Continued
BC Court of Appeal Clarifies Law concerning Constructive Trust as a Remedy
With the evolving complexity of fraudulent schemes, justice requires flexible remedies for victims to address novel situations. The recent British Columbia Court of Appeal decision ... Continued
Contractual Interpretation Principles Affirmed
If there was doubt following the Supreme Court of Canada’s 2014 decision in Sattva Capital Corp. v. Creston Moly Corp. about the role of the ... Continued