Rectification of a Document
November 6, 2017 No Comments
Re McDonald Bankruptcy 2017 BCSC 1957 deals with an attempt to rectify the terms of a written agreement in a bankruptcy proceeding. The court refused
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Adjournment of a Trial
November 1, 2017 No Comments
For a number of reasons it is sometimes necessary to seek an adjournment of a scheduled trial. 38 The adjournment of a trial is a
Summary Judgement Principles
October 24, 2017 No Comments
Summary Judgment Principles were discussed in Winter v Sherman 2017 ONSC 5492 [25] Summary judgment is available where there is no genuine
Highest Court Encourages Alternatives to Trial
September 14, 2017 No Comments
The Supreme Court of Canada released its decision in Hryniak v. Mauldin (2014 S.C.C. 7, [2014] 1 S.C.R. 87) and encouraged alternative solutions to a
Ordering Court Costs Against a Non-Party
July 4, 2017 No Comments
Hollander v Mooney 2017 BCCA 238 discussed the Court’s jurisdiction to order costs against a non-party and held that it is limited to special circumstances
Fiduciary Duties of Corporate Directors
June 26, 2017 No Comments
Ascent One Properties Ltd v Liao 2017 BCSC 1017 dealt with an aborted real estate development project that alleged inter alia a breach of fiduciary
Court Orders Mental Capacity Exam
June 21, 2017 No Comments
In Re Singh 2017 BCSC 984 the court invoked its parens patriae jurisdiction and ordered a 93 year old father to undergo a mental capacity
Loan or Gift Within the Family?
June 20, 2017 No Comments
ABP v KGW 2017 BCSC 977 provides a template of the criteria a court will examine in determining if a gratuitous advance of monies or property within
Undue Delay: Laches
June 19, 2017 No Comments
Hrenyk v Preiss estate 2017 SKQB 151 contains a through discussion of the equitable defence of laches- the plaintiff’s undue delay in proceeding with a court
Avoiding Duplicate Litigation (Res Judicata)
June 16, 2017 No Comments
Duplicate litigation is to be avoided and thus the legal concept of res judicata- when a court has decided the legal issue already it constitutes