Time to Pay the Piper – Enforcing Foreign Judgments in British Columbia
Given the increasing amount of cross-border economic activity in the age of globalization, it is not surprising that the victorious litigant often finds that the debtor has no assets within the...
View ArticleObtaining Evidence in British Columbia: Some Practical Points to Consider
From time to time, litigants in jurisdictions outside British Columbia discover that a key witness or some important documents are located in British Columbia – outside the jurisdictional reach of the...
View ArticleCase Comment: Garcia v. Tahoe Resources Inc.
The Supreme Court of British Columbia recently issued reasons for judgment in Garcia v. Tahoe Resources Inc. (“Garcia”).* Madam Justice Gerow granted the application of the defendant, Tahoe Resources...
View ArticleCase Comment: Northwest Waste Solutions v. Accili
On January 29, 2016, the Supreme Court of British Columbia issued reasons for judgment in Northwest Waste Solutions v. Accili, 2016 BCSC 115. The case provides important guidance to litigants in...
View ArticleLimits on Restrictive Covenants – Case Comment: MEDlchair LP v. DME Medequip...
On February 29, 2016, the Ontario Court of Appeal issued reasons for judgment in MEDlchair LP v. DME Medequip Inc., 2016 ONCA 168, allowing the appeal of the trial level decision (reported at 2015 ONSC...
View ArticleUpholding the end of the bargain, and avoiding penalty and unconscionable...
On March 18, 2016, the British Columbia Court of Appeal released reasons for judgment in Do v. Nichols, 2016 BCCA 128. This decision provides guidance on how to draft and enforce tough provisions in a...
View ArticleMy Tenant Owes Me Rent – What Can I Do?
A commercial tenant falling into arrears is unfortunately a not-infrequent occurrence. Faced with a non-paying tenant, commercial landlords have a number of options to enforce their rights. First, the...
View ArticleAlternative Dispute Resolution: Some Practical Considerations
Many commercial agreements contain dispute resolution mechanisms, such as mandatory mediation or binding arbitration. These types of provisions appear with increasing frequency as an alternative to the...
View ArticleDouble security for lien claimants?: The Stuart Olson decision
On September 18, 2015, the Supreme Court of Canada issued reasons for judgment in Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, 2015 SCC 43. While in many respects the decision...
View ArticleElectronic document discovery in commercial litigation
One of the key components of conducting civil litigation in British Columbia is the production and discovery of documents by each of the parties to the lawsuit. The parties are required, both at...
View ArticleHere’s what you need to know about British Columbia’s new franchise law
On February 1, 2017, the Franchises Act S.B.C. 2015, c. 35 (the “Act”) came into force in British Columbia. What this means for franchising in British Columbia: The most important implication for...
View ArticleEnsuring that the new Societies Act (B.C.) does not have you headed to the...
Now is the perfect time for societies incorporated in British Columbia to consider how to avoid a new kind of court challenge that members can now bring under section 102 of the Societies Act, S.B.C....
View ArticleFacebook’s Terms of Use does not give California Court jurisdiction over the...
All users of Facebook agree to its Terms of Use as part of the registration process. When doing so, users agree to submit to California courts when litigating any claim arising, and that the laws of...
View Article
