Entertaining Arbitration
In the July/August 1995 issue of the Property Management News I addressed Alternative Dispute Resolution, also known in the trade as “ADR”. I compared the ... Continued
The Big Mac: (Mediation, Arbitration, Court): A Dining Experience
Ask any person over the age of six years and they will know what a Big Mac is. Isn’t advertising and merchandising wonderful? In this ... Continued
British Columbia Condominium Disputes
I have read that 60% of the real estate presently being purchased in British Columbia is condominiums. While many are first time buyers, many more ... Continued
Negotiation Presentation SPABC
Conflict can be defined as the divergence of goals, objectives, standards, attitudes or expectations, aims, methods and behaviour. Whenever two entities are in relationship with ... Continued
Mediation of Disability Insurance Litigation
Published October 2004 Disability insurance litigation is an interesting combination of personal injury issues and contract interpretation. Recently, the law in this area has been ... Continued
Releases Are Not Routine
In commercial contexts, releases are widely used, but rarely given the attention that they deserve. Often viewed as standard or boilerplate, it is common for ... Continued
IFRS vs. PE GAAP and their Effects on Financial Covenants
Following up on our story above, the deadline to adopt either the International Financial Reporting Standards (“IFRS”) or New Canadian GAAP for Private Enterprises (“PE ... Continued
Appellate Courts: Not Settled on the “Settlement Clause”
In 2006 Kelowna homeowners, Mr. Buchanan and Ms. Grace (the “Owners”), discovered a leaking public water valve near their property. The District repaired the valve ... Continued
The Jetsons Get Into Trouble: A Sampler of Cyperspace Litigation in Canada
Published September 2000 Much like the discovery of the printing press, the advent of the Internet and electronic communication has had a revolutionary effect around ... Continued
Insurer Bad Faith Damages: A USA-Canada Comparison
Published June 2004 Most people involved in the Canadian insurance industry are alternately amazed and appalled at the bad faith headlines emerging from the USA ... Continued
Tort Immunity: Covenants to Insure and Waivers of Subrogation
Published February 1998 Updated February 2006* With the considerable assistance of Michal Jaworski Covenants to insure in commercial contracts can be a powerful mechanism for ... Continued
The CGL Policy and the Additional Insured Endorsement in Canada
Published March 2006 While there are a variety of liability insurance policies available in Canada which contain coverages tailored to specific risks, industries or professions, ... Continued