Current. Economical. Annotated.

The court in West Vancouver (District) v. British Columbia (Attorney General), 2020 BCSC 966 at para. 86, identified an implicit assumption in subsection 184(2) of the Community Charter that the trust at issue was, at least at some point in the past, in the best interests of t...

The scope of this subsection must be considered in light of the Court of Appeal's 2023 decision in Cowichan Valley (Regional District) v. Wilson. The Regional District had applied a strict "no development" policy in respect of an identified streamside protection and enhancemen...

In Save-A-Lot Holdings Corp. v. Christensen, 2023 BCCA 35, the appellant appealed an order cancelling certificates of pending litigation ("CPL") under s. 256 of the Land Title Act, RSBC 1996, c 250 (“LTA”). The Court of Appeal held that the chambers judge erre...

See the annotation for s. 491(1)(a) which confers essentially the same type of authority. In the context of hazard lands it would seem particularly important to be able to specify areas of land that must remain entirely free of development, provided that the development permit...

In Michetti v. Veach, 2023 BCSC 43, a village's mayoral incumbent lost the election by 5 votes. The second-place incumbent petitioned the court for a declaration that the election was invalid due to vote-buying and intimidation by the winning mayoral candidate.

The BC Su...

British Columbia v. New Westminster Indian Band No. 566, 2022 BCCA 368 involved an appeal by the Province from a finding that the petitioner Indian band (“Band”) was not a “person” within the meaning of the Insurance Premium Tax Act, RSBC 1996, c 232 an...

In Chang v. GEA Refrigeration Canada Inc., 2023 BCCA 22, the Court of Appeal held that post-judgment interest continues to run on a judgment debt under the Court Order Interest Act, RSBC 1996, c 79 until the debt is paid unconditionally, unless there is an express agreement to...

Gill v. Fraser Health Authority, 2022 BCSC 1553

Plaintiff brought civil action against hospital for Charter damages in relation to death of infant patient. The court held a civil action against hospital for Charter damages requires more than proof of a breach of ...

Upon coming into force, this section will impose a mandatory requirement on the collector to give notice of the impending sale of a property for taxes. If the property is later sold for taxes, the collector must also give notice in accordance with subsection 657(1) of the Loca...

Canada (Attorney General) v. Frazier, 2022 BCCA 379 involved an appeal of an order dismissing the Attorney General of Canada’s application to strike a claim in negligence against it. The respondent commenced an action in negligence against Canada after being allegedly in...

In Michetti v. Veach, 2023 BCSC 43, a village's mayoral incumbent lost the election by 5 votes. The second-place incumbent petitioned the court for a declaration that the election was invalid due to vote-buying and intimidation by the winning mayoral candidate.

The BC Su...

Gill v. Fraser Health Authority, 2022 BCSC 1553

Plaintiff brought civil action against hospital for Charter damages in relation to death of infant patient. The court held a civil action against hospital for Charter damages requires more than proof of a breach of ...

In Singh v. Minhas, 2023 BCCA 7, the appellants advanced a claim in professional negligence, breach of contract, and breach of fiduciary duty to the respondents realtor and notary in relation to the sale of the appellant's property in 2009. The summary trial judge found that a...

See the annotation for s. 491(1)(a) which confers essentially the same type of authority. In the context of hazard lands it would seem particularly important to be able to specify areas of land that must remain entirely free of development, provided that the development permit...

In Yates v. Langley Motor Sport Centre Ltd., 2022 BCCA 398, an employee appealed a decision to decline to award punitive damages and to deduct CERB payments from her damages award for wrongful dismissal during COVID-19. The Court of Appeal allowed the appeal with respect to th...

British Columbia v. New Westminster Indian Band No. 566, 2022 BCCA 368 involved an appeal by the Province from a finding that the petitioner Indian band (“Band”) was not a “person” within the meaning of the Insurance Premium Tax Act, RSBC 1996, c 232 an...

As was the case in A.H.H. Construction Services Ltd. v Washington Properties (QEP) Inc., 2021 BCSC 1912, it may be considered an abuse of process to file and maintain a lien in an overstated amount.

British Columbia (Director of Civil Forfeiture) v. Angel Acres Recreation and Festival Property Ltd., 2023 BCCA 70 involved appeals of orders relating to the dismissal of claims for the forfeiture of three Hells Angels’ properties under the Civil Forfeiture Act, SBC 2005...

Upon coming into force, this section will impose a mandatory requirement on the collector to give notice of the impending sale of a property for taxes. If the property is later sold for taxes, the collector must also give notice in accordance with subsection 657(1) of the Loca...

In Michetti v. Veach, 2023 BCSC 43, a village's mayoral incumbent lost the election by 5 votes. The second-place incumbent petitioned the court for a declaration that the election was invalid due to vote-buying and intimidation by the winning mayoral candidate.

The BC Su...

The Court in Triad Mechanical Inc. v. Maple Leaf Green World Inc., 2021 BCSC 1865 considered the dictionary definition of "conclusively", and determined that "conclusively deemed" within s. 33(4) of the Builders Lien Act, does not leave open the question of whether there is a ...

Tak v. British Columbia (Securities Commission), 2023 BCCA 76 involved an appeal of an order requiring the appellant to comply with a summons to give evidence under oath under s. 144 of the Securities Act, RSBC 1996 c 418. The chambers judge denied the appellant’s applic...

Family status includes substantial family caregiving duties or obligations. In the employment context, a complainant must prove that a term or condition of employment has an adverse impact connected to their family status. A serious interference with their caregiving duty or o...

British Columbia (Director of Civil Forfeiture) v. Angel Acres Recreation and Festival Property Ltd., 2023 BCCA 70 involved appeals of orders relating to the dismissal of claims for the forfeiture of three Hells Angels’ properties under the Civil Forfeiture Act, SBC 2005...

Gill v. Fraser Health Authority, 2022 BCSC 1553

Plaintiff brought civil action against hospital for Charter damages in relation to death of infant patient. The court held a civil action against hospital for Charter damages requires more than proof of a breach of ...

In Sperring v. Shutiak, 2023 BCCA 54, the appellant husband appealed orders setting aside a separation agreement made between him and his former common law partner before the coming into force of the Family Law Act ("FLA"). The Court of Appeal upheld the trail judge’s fi...

In Servatius v Alberni School District No 70, 2022 BCCA 421, the Court of Appeal for British Columbia upheld the trial judge's decision that the demonstration of an Indigenous smudging and a hoop dance that incorporated Indigenous prayer at a public school neither infringed on...

In Cowan v. Williams, 2022 BCCA 400, the Court of Appeal for BC held that a party may raise grounds of appeal not argued in their factum where doing so would not result in prejudice to the other party because that party could reasonably have expected from the factum that the i...

In Martyn v. Walton, 2023 BCCA 23, the defendant applied to have a wills variation action dismissed as an abuse of process.The chambers judge granted the application on the basis that the defendant should not have been made a party in her personal capacity and that the action ...

In Sperring v. Shutiak, 2023 BCCA 54, the appellant husband appealed orders setting aside a separation agreement made between him and his former common law partner before the coming into force of the Family Law Act ("FLA"). The Court of Appeal upheld the trail judge’s fi...

In 1115840 BC Ltd. v. Treasure Bay HK Limited, 2022 BCCA 380, the appellants had brought an application to strike under Rules 9-5(1)(a) and (d) of the Supreme Court Civil Rules on the basis the respondent shareholder required, but did not have, leave to pursue the common law d...

In Save-A-Lot Holdings Corp. v. Christensen, 2023 BCCA 35, the appellant appealed an order cancelling certificates of pending litigation ("CPL") under s. 256 of the Land Title Act, RSBC 1996, c 250 (“LTA”). The Court of Appeal held that the chambers judge erre...

In Martyn v. Walton, 2023 BCCA 23, the defendant applied to have a wills variation action dismissed as an abuse of process.The chambers judge granted the application on the basis that the defendant should not have been made a party in her personal capacity and that the action ...

The litigation conduct of a corporation that is a co-defendant to an oppression action, in particular a corporation’s vigorous conduct of its defence and the filing of a counterclaim, cannot be actionable as oppression. In this case, the parties were shareholders of the ...

In Voitchovsky v. Gibson, 2022 BCCA 428, the Court of Appeal considered whether an oral agreement made at the beginning of a 30-year marriage-like relationship supported unequal property division under s. 95 of the Family Law Act. The trial judge found the parties made an oral...

Beaudoin v. British Columbia (Attorney General), 2022 BCCA 427

The petitioners organized public gatherings in violation of public health orders made under the Public Health Act during the COVID-19 pandemic. They challenged the constitutionality of those orders under t...

British Columbia v. New Westminster Indian Band No. 566, 2022 BCCA 368 involved an appeal by the Province from a finding that the petitioner Indian band (“Band”) was not a “person” within the meaning of the Insurance Premium Tax Act, RSBC 1996, c 232 an...

Canada (Attorney General) v. Frazier, 2022 BCCA 379 involved an appeal of an order dismissing the Attorney General of Canada’s application to strike a claim in negligence against it. The respondent commenced an action in negligence against Canada after being allegedly in...

In Voitchovsky v. Gibson, 2022 BCCA 428, the Court of Appeal considered whether an oral agreement made at the beginning of a 30-year marriage-like relationship supported unequal property division under s. 95 of the Family Law Act. The trial judge found the parties made an oral...

In Voitchovsky v. Gibson, 2022 BCCA 428, the Court of Appeal considered whether an oral agreement made at the beginning of a 30-year marriage-like relationship supported unequal property division under s. 95 of the Family Law Act. The trial judge found the parties made an oral...

Beaudoin v. British Columbia (Attorney General), 2022 BCCA 427

The petitioners organized public gatherings in violation of public health orders made under the Public Health Act during the COVID-19 pandemic. They challenged the constitutionality of those orders under t...

Tak v. British Columbia (Securities Commission), 2023 BCCA 76 involved an appeal of an order requiring the appellant to comply with a summons to give evidence under oath under s. 144 of the Securities Act, RSBC 1996 c 418. The chambers judge denied the appellant’s applic...

In Voitchovsky v. Gibson, 2022 BCCA 428, the Court of Appeal considered whether an oral agreement made at the beginning of a 30-year marriage-like relationship supported unequal property division under s. 95 of the Family Law Act. The trial judge found the parties made an oral...

Tak v. British Columbia (Securities Commission), 2023 BCCA 76 involved an appeal of an order requiring the appellant to comply with a summons to give evidence under oath pursuant to s. 144 of the Securities Act, RSBC 1996 c 418. The chambers judge denied the appellant’s ...

In Michetti v. Veach, 2023 BCSC 43, a village's mayoral incumbent lost the election by 5 votes. The second-place incumbent petitioned the court for a declaration that the election was invalid due to vote-buying and intimidation by the winning mayoral candidate.

The BC Su...

In Yates v. Langley Motor Sport Centre Ltd., 2022 BCCA 398, an employee appealed a decision to decline to award punitive damages and to deduct CERB payments from her damages award for wrongful dismissal during COVID-19. The Court of Appeal allowed the appeal with respect to th...

Tak v. British Columbia (Securities Commission), 2023 BCCA 76 involved an appeal of an order requiring the appellant to comply with a summons to give evidence under oath under s. 144 of the Securities Act, RSBC 1996 c 418. The chambers judge denied the appellant’s applic...

The scope of this subsection must be considered in light of the Court of Appeal's 2023 decision in Cowichan Valley (Regional District) v. Wilson. The Regional District had applied a strict "no development" policy in respect of an identified streamside protection and enhancemen...

In Cowan v. Williams, 2022 BCCA 400, the Court of Appeal for BC held that a party may raise grounds of appeal not argued in their factum where doing so would not result in prejudice to the other party because that party could reasonably have expected from the factum that the i...

Stratton v. Richter, 2022 BCCA 337 concerned a dispute between the owners of neighbouring strata units. Ms. Richter, the owner of one unit had, for some time, been able to cross a deck that was the limited common property of another unit to access an exterior stairwell and exi...