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
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