Vancouver Island Health Authority (Re), 2023 BCIPC 24: Sections 51(5) and (7) prohibit disclosure of records requested under the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165.

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...

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.

The Director of Adjudication allowed the Ministry of Attorney General, the Ministry of Finance, and the Ministry of Health’s request that the commissioner grant certain remedies on the basis that an individual was abusing FIPPA’s review and inquiry process: the com...

Section 23 of the Builders Lien Act provides for the ‘removal of claims of lien by payment of total amount recoverable’. In Metro-Can Construction (PE) Ltd. v. Escobar, 2022 BCSC 287, Master Bilawich held that the order sought by the petitioner under...

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.

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 ...

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 B.C., leave is not required in order to start or continue a common law derivative action ;  whether leave should be required is  a matter for the legislature to decide.

 

1115830 B.C. Ltd. v. Treasure Bay HK Limited, 2022 BCCA 380 

 

&n...

In Bison Acquisition Corp 2021 ABASC 188 after unsuccessful discussions, Bison (which was formed by funds managed by Brookfield) made an unsolicited offer for IPL.  Subsequently IPL executed an arrangement agreement with Pembina which contained a $350M termination fee.

&...

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 ...

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 p...

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 Bison Acquisition Corp. 2021 ABASC 188 after unsuccessful discussions, Bison (which was formed by funds managed by Brookfield) made an unsolicited offer for IPL.  Subsequently IPL executed an arrangement agreement with Pembina which contained a $350M termination fee.

...

It is not always necessary to show that the proposed action is in the best interest of the estate. It may be sufficient if it is necessary or expedient to protect the interest of a specified person. 

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.

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

In R. v. Christensen, 2020 BCPC 208 the Court accepted expert medical evidence that it would be unethical to use the authority of the Mental Health Act to enforce compliance with anti-androgen medication for someone convicted of repeated sexual offences. The expert physicians ...

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 British Columbia (Attorney General) v. Le, 2023 BCCA 200, the appellants challenged an order that s. 5 of the Disbursement and Expert Evidence Regulation, BC Reg 210/2020 (the "Regulation") was both invalid and unconstitutional. The Court of Appeal held that a reg...

The class action privacy case, Ari v. Insurance Corporation of British Columbia, 2022 BCSC 1475 involved a claim by individuals (and those who lived with them) whose personal information was improperly accessed without an apparent business purpose, by an ICBC adjuster. The adj...

It is not always necessary to show that the proposed action is in the best interest of the estate. It may be sufficient if it is necessary or expedient to protect the interest of a specified person. 

In Hawthorn v Hawrish, 2023 BCCA 182, the Court of Appeal upheld the chambers judge’s order dismissing applications made under s. 7 of the Arbitration Act, SBC 2020, c 2 (the "Act") for a partial stay of proceedings in favour of arbitration. The Court of Appeal held that...

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

In R. v. Christensen, 2020 BCPC 208 the Court accepted expert medical evidence that it would be unethical to use the authority of the Mental Health Act to enforce compliance with anti-androgen medication for someone convicted of repeated sexual offences. The expert physicians ...

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.