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Wednesday, October 20, 2021 @ 8:27 AM

Why go back to the courthouse? | Gary Joseph

Let me begin by saying that I very much miss in-person court. I miss the interactions with my colleagues at the bar. I miss the formality of the courtroom. I miss the vibe of the courthouse. I even miss “robing up.” Further, I believe that the courthouse is a symbol of our democracy, the rule of law which we all should cherish, and I love to be a participant in the role it plays in our society, but … as we move closer to in-person attendances, I ask why go back? ... [read more]

Tuesday, October 19, 2021 @ 8:41 AM

Mortgage prepayment charge improperly imposed by lender Mortgage payment schedule

Prepayment terms and penalties are common features of mortgages in Canada but there have been few cases that have specifically addressed the word “prepayment” in the context of a dispute between a borrower and lender. The rationale for a prepayment penalty is generally viewed as a way to compensate a lender for the unexpected return of funds and the time required to find another borrower. Whether a penalty has been triggered by the prepayment of the mortgage depends on the wording of the contract between the parties. ... [read more]

Monday, October 18, 2021 @ 1:44 PM

‘Rare’ B.C. restructuring decision may be relied on by courts in other provinces, lawyer says

The British Columbia Court of Appeal has overturned a lower court decision on the restructuring of a stalled Vancouver real estate project, ruling the judge interpreted the federal legislation governing insolvency too narrowly. ... [read more]

Monday, October 18, 2021 @ 8:56 AM

CORPORATIONS - Distinct legal entity - Exceptions (piercing the corporate veil)

Appeal by Vrbanek and DN Developments from the $1.7 million damages award against them. The respondents contracted with DN to construct two homes. ... [read more]

Friday, October 15, 2021 @ 2:59 PM

Special purpose acquisition companies SPAC

Although present for decades, special purpose acquisition company (SPAC) initial public offerings (IPO) have seen an unprecedented surge on Wall Street. They’ve picked up in Europe and began spreading into emerging markets just before and in the first quarter of 2021 in the U.S., raising $82.8 billion in the latter due to the extreme market volatility of the global pandemic. A SPAC is a popular instrument with 79 per cent of them in the U.S., two per cent in Canada, three per cent in China, three per cent in Israel, four per cent in the U.K. and nine per cent in other countries. ... [read more]

Friday, October 15, 2021 @ 12:58 PM

B.C. expanding whistleblower protection but law still has gaps, observers say B.C. Attorney General David Eby

The B.C. government is planning an expansion of its whistleblower protections to cover more employees who may want to report instances of wrongdoing, but experts are saying such protections at both the provincial and federal level in Canada are in need of an update. ... [read more]

Friday, October 15, 2021 @ 8:11 AM

Pre-election guide to Alberta municipal law Map of Canada with Alberta highlighted

On Oct. 18, Alberta will hold municipal elections. This is the second of two articles seeking to give readers a better understanding of municipal law in Alberta.   ... [read more]

Thursday, October 14, 2021 @ 2:04 PM

Election-time guide to Alberta municipal law Map of Alberta

On Oct. 18, Alberta will hold municipal elections. This is the first of two articles seeking to give readers a better understanding of municipal law in Alberta. ... [read more]

Thursday, October 14, 2021 @ 12:16 PM

Ontario Court of Appeal releases ‘tentative’ model for in-person proceedings

On Oct. 12, the Ontario Court of Appeal shared a “tentative” model for returning to in-person proceedings with some legal organizations. The model gives counsel the choice to attend court virtually and maintains that “observers, including clients, the media, and members of the public, will not attend in-person.” ... [read more]

Thursday, October 14, 2021 @ 5:58 AM

INTERESTS IN LAND - Extinguishment of easement - Release by dominant owner - By implication

Appeal by property owners from a decision dismissing their application for a declaration that rights of way registered on title in favour of two neighbouring properties were abandoned. The appellants purchased 121 Massey Street in 2017 and wanted to build a larger home on it. ... [read more]