In April 2025 the British Columbia Human Rights Commissioner published the results of an inquiry into practices under s. 59 of the Adult Guardianship Act. “We’re still here": Report of the Inquiry into detentions under the Adult Guardianship Act documents some detentions takin...

The Court of Appeal quashed a decision of the Tribunal that denied legal representation on the basis that legal counsel could instead provide assistance anonymously and behind the scenes.

The constitutionality of the Civil Resolution Tribunal's limitation on legal representat...

In Tom v. Tang, 2023 BCCA 221, the Court of Appeal clarified that the objective standard of a reasonable will-maker applies to the will-maker's reasons for the provisions made for adult children. Previous decisions should not be interpreted as applying a subjective standard wh...

This provision is mandatory and there is no discretion to order payment to be made to someone other than the PGT. See 2019 BCCA 171 at paras 7 - 11.

One of the leading decisions on the phrase, "excessive hours" is BC EST # D071/10 Johnston. The employee worked 14 hours on an election day and argued that "excessive" should be interpreted to mean a shift in excess of 12 hours. The Director considered the dictionary definit...

This section was drawn from section 2.1 of the Arbitration Act, RSBC 1996, c. 55, and is needlessly confusing. On the one hand it seems to say that people can agree to arbitration anything that "may be the subject of a family law dispute in the future," while on the other is s...

In Paige v. Noel, the Court of Appeal has elaborated on the requirement that a record represents the deliberate or fixed and final intention of a deceased person, holding that "s. 58(2) requires that the record, documents or writing represents the testamentary intention of the...

This section qualifies the application of s. 364(4) insofar as a limitation defence is invoked. In this case, in November 2020, the plaintiff corporation filed a claim against the defendants. The claim was declared a nullity because, at the time of filing, the plaintiff was di...

In Singh v Singh, 2020 BCCA 21, the Court of Appeal restricts the nature of the "other factors" that may be argued in favour of reapoprtionment. Justice Garson reviews the specific factors identified in section 95(2) and, applying the principles of statutory interpretation, co...

The term "obsolete" means something that is "no longer practised or used, discarded; [and] out of date". A determination of obsolescence is a consideration of the nature of the charge itself in the circumstances of the use of the relevant property and a determination of whet...

This amendment means that all minimum rates will be automatically determined by the previous year's average inflation rate for the province of BC. The increase will take effect on June 1 each year, except for agricultural piece rates that will increase on December 31 each yea...

In Mithaq Canada Inc. 2024 ONCMT 9 the Ontario Capital Markets Tribunal (Tribunal) dismissed the application of Mithaq Capital SPC (Mithaq) to cease trade a private placement that Aimia Inc. (Aimia) completed in October 2023. Mithaq had asserted that the private placement was ...

College of Physicians and Surgeons of British Columbia v. Madryga, 2025 BCCA 250: Section 53(1) imposes a general duty to preserve confidentiality “with respect to all matters or things that come to the person’s knowledge while exercising a power or performing a duty under thi...

Oppression claims are subject to the Limitation Act. There is, however, no time bar to the court’s exercise of its jurisdiction to grant a remedy under this section, save for what might arise out of the equitable defence of laches. A laches defence will lie if the defendant c...

In Cohen 2023 BCSECCOM 317 an application was made to the BC Securities Commission for orders than notice delivered under an advance notice policy requiring notice with respect to the election of directors be included in a circular and that the shareholder vote be restrained u...

Decisions of the court under s. 17 are not limited appeal orders and therefore leave is not required under s. 11 of the Court of Appeal Rules to appeal.

In CARDON Group, Re., 2024 BCIPC 102, the adjudicator exercised her discretion available under s. 50(1) of PIPA to cancel an inquiry which was deemed moot, as a result of the applicant revealing during her submissions that she already had a copy of the unredacted documents at ...

In Sarao v. Fraser Health Authority, 2025 BCCA 267, the Court of Appeal upheld the chambers judge’s order granting the respondent’s application to strike the appellant’s claim for lack of jurisdiction. The essential character of the dispute fell within the scope of the labour ...

The policy considerations underlying section 60 of the Wills, Estates and Succession Act, together with the nature of constructive trusts was the subject of some debate in a series of articles published in The Advocate in 2022.

A healthy and respectful canvassing of positi...

Section 36 of the Property Law Act does not apply to the Crown land owned or controlled by the Provincial government: Fox v British Columbia (Ministry of Forests, Lands, Natural Resource Operations and Rural Development), 2022 BCSC 541

Re: Matter of E.L.K. & Application for Warrant s.28(3) Mental Health Act, 2023 BCPC 172 and Re: Matter of N.L. & Application for Warrant s. 28(3) Mental Health Act, 2025 BCPC 55 are two rare examples of published reasons for decision applying the statutory criteria to determin...

Li v. Vancouver General Hospital, 2025 BCCA 247: There is no duty of care to a family member in the situation where someone has been involuntarily detained under the Mental Health Act. The certification under the Mental Health Act occurs when a person is a danger to themselves...

In Insurance Corporation of British Columbia v. Ari, 2025 BCCA 131, the BC Court of Appeal upheld the judgment of the Honourable Mr. Justice N. Smith (2024 BCSC 964), to award aggregate damages of $15,000 per class member for a serious breach of privacy by a former employee of...

In Wang v. Li, 2025 BCCA 256, the Court of Appeal dismissed two appeals in related family and civil proceedings concerning the respondent ex-wife, her parents, and the appellant ex-husband and their various assets located in BC and China. With respect to certain of the Chinese...

The implications of this section are canvassed by Jennifer Bednard in "Will or Will Not: Practice Implications of Section 58 of the Wills, Estates and Succession Act Part I: What is a Testamentary Document Anyway?" (2020) 78 Advocate 527.