Legal Definitions and Terms

Contempt of Court

This is a short summary of the law of contempt of court that is a hundreds of years old power of the judiciary and part of the courts method of

Limitation of Actions- New Rules

The Supreme Court of Canada in Grant Thornton LLP v New Brunswick 2021 SCC 31 provided new guidelines for when a plaintiff discovers or should have discovered that a claim

Dismissal of a Court Action For Delay

Dismissal of a court action for inordinate delay ( want of prosecution) requires four criteria: 1) Has there been an inordinate delay; 2) Is the inordinate delay inexcusable; 3) Has

Rectification of a Contractual Mistake

The general principles and the operation of rectification were explained in Canada (Attorney General) v. Fairmont Hotels Inc., 2016 SCC 56 : If by mistake a legal instrument does not

Adverse Inferences- Under Utilized?

Govorcin Fisheries v Medanic Fisheries 2021 BCSC 1092 reviewed the principles relating to adverse inferences for failure to call certain witnesses or evidence without valid explanation. It is a principle

Vexatious Litigants

Universe Emotions v. Forslund, 2021 BCSC 812 is an excellent example of the courts shutting down the continued court filings of a vexatious litigant without leave of the court. The
Passive-Aggressive Behavior

Passive-Aggressive Behaviour

Passive-aggressive people are frequently seen in estate litigation and family law matters. People such as parents or partners who display passive-aggressive behavior have a hard time expressing their feelings verbally.
Principles of Contract Interpretation

Principles of Contract Interpretation

Principles of Contractual Interpretation The goal is to ascertain the objective intentions of the parties A practical, common sense approach is required; The court is to look to the contract

Litigation Funding vs Lawyer Privilege

The issue of litigation funding and lawyer privilege became a public news issue during the trial Hulk Hogan vs Gawker when it became known that Peter Thiel had secretly funded

Contempt of Civil Court

College of Physicians BC v. Ezatti 2021 BCSC 205 sentenced “Dr. “ Ezatti to six months in jail plus a $15,000 fine for for flagrantly violating previous findings of contempt