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
Surrogacy Dilemma: Can Your Surrogate Get Parenting Time With the Child They Helped Bear?
By Abigail Choi Can your surrogate get parenting time with the child they helped bear? This is the question the BC Supreme Court recently faced ... Continued
Supreme Court of Canada Clarifies Equitable Compensation for Breach of Crown’s Fiduciary Duty to Indigenous Nations
It is settled law that the government of Canada (“Canada”) owes a fiduciary duty to Indigenous Nations when it deals with reserve lands.[1] Recently, the ... Continued
Sword of Damocles Removed: Supreme Court of Canada Releases Copyright Decision Regarding Application of Tariffs and Fair Dealing
On July 30, 2021, the Supreme Court of Canada delivered its judgment in York University v. Canadian Copyright Licensing Agency (“Access Copyright”) (2021 SCC 32). ... Continued