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Wednesday, May 23, 2018 @ 8:45 AM

CIVIL PROCEDURE - Stay or revocation of interim injunction - Setting aside

Application by Google to set aside or vary an injunction. On June 13, 2014, the court issued an injunction requiring Google to remove certain websites from its internet search results worldwide. ... [read more]

Wednesday, May 23, 2018 @ 8:43 AM

CIVIL PROCEDURE - Associations, societies and clubs - Striking out pleadings or allegations

Applications by the defendants to strike the plaintiff's claim. ... [read more]

Tuesday, May 22, 2018 @ 5:43 PM

Bar gives good initial reviews to Ottawa’s proposal to put best interests of kids first in divorce overhaul Jody Wilson-Raybould

Family law lawyers were giving mostly positive early reviews to the Trudeau government’s proposed overhaul of the antiquated Divorce Act — but they also reserved final judgment until they parse the hefty 192-page bill that proposes to modernize laws relating to child custody/access, child support, child relocation and parental abduction. ... [read more]

Tuesday, May 22, 2018 @ 9:25 AM

New legislation aimed at SLAPP lawsuits met with wide support in B.C. Calvin Sandborn, legal director of the Environmental Law Centre, University of Victoria

The government of British Columbia has introduced legislation to safeguard people from strategic lawsuits against public participation (also known as SLAPPs), in a move that was embraced by the province’s legal community as a big step forward in protecting citizens from being intimidated in their quest to raise issues of public interest. ... [read more]

Tuesday, May 22, 2018 @ 8:55 AM

Definitive deference: How courts treat consultants’ decisions construction_consultant_sm

The consultant’s role on a construction project is important and includes interpreting the underlying construction contract, certifying work as sufficiently complete for interim or final payment, rejecting work which fails to conform to the contract and determining deductions for any defective work. The consultant must be impartial in fulfilling its duties, including its decisions as to entitlement as between the owner and the contractor. This can be particularly difficult where either the owner or the contractor disagrees with the findings. ... [read more]

Tuesday, May 22, 2018 @ 8:51 AM

CIVIL PROCEDURE - Appeals - Time to appeal - Extension of time

Application by Oil Field Services for an extension of time to file a notice of appeal from the denial of an anti-suit injunction to restrain the respondents from continuing an action commenced in BC. ... [read more]

Thursday, May 17, 2018 @ 9:32 AM

British Columbia automobile insurance changes may be unconstitutional: lawyers’ group

Several lawyers organizations are raising the alarm about the B.C. government’s changes to the provincially owned Insurance Corporation of British Columbia (ICBC), with one group even saying the changes may not pass constitutional muster. ... [read more]

Thursday, May 17, 2018 @ 9:31 AM

Living in splendid isolation: 10 lessons learned enforcing an Ontario judgment in Mexico mexican flag

This article presents a cautionary tale for any person who wishes to take legal proceedings against an individual or company resident in Mexico. ... [read more]

Thursday, May 17, 2018 @ 8:44 AM

Practical advice on working with a damages expert business_valuation_sm

In commercial civil disputes, it is common to call upon expert witnesses to quantify damages or to value business enterprises that are alleged to have suffered following some failure on the part of a defendant. Interfacing with expert witnesses — giving them instructions, providing to them evidence — can be tricky. ... [read more]

Thursday, May 17, 2018 @ 8:35 AM

Post-loss settlement bars insurer’s subrogated action apartment_fire_sm

In insurance law, subrogation refers to an insurer’s right to sue the party responsible for causing a loss to an insured in order to recover money paid out to its insured to satisfy a claim. Since a subrogating insurer is limited to enforcing only such rights its insured has against the party that caused the loss, problems can arise when an insured settles its uninsured losses with the tortfeasor and provides a general release of liability. In such circumstances, is the insured’s post-loss settlement effective to preclude the insurer’s subrogated action? ... [read more]