Maddock v. British Columbia, 2022 BCSC 1605: Section 54(h) empowers the Provincial Health Officer ("PHO") to decline the request of a person affected to reconsider (s. 43), review (s. 44), or reassess (s. 45) an order or a variance order during an emergency. This provision exi...

Provisions in the Act which prohibit specific types of ipso facto clauses, such as this one, which invalidates clauses that grant an accelerated payment or forfeiture of term because of someone’s filing of a Notice of Intention, do not oust the general common law “anti-depriva...

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 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...

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 Clearview AI Inc. v. Information and Privacy Commissioner for British Columbia, 2024 BCSC 2311, the BC Supreme Court rendered an important decision respecting the application of BC’s Personal Information Protection Act (“PIPA”) to the activities of a foreign company, findin...

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.

The Mental Health Act has no purpose or principles guiding statutory interpretation and application. In A.T. v. British Columbia (Mental Health Review Board), 2023 BCCA 283 at paras. 68-73 the Court summarized different purposes that can be found through jurisprudence and legi...

The filing of a Notice of Dispute is a "proceeding" for the purpose of this section. After a Notice of Dispute is filed, the court may appoint an administrator pending legal proceedings. In Glendale v. Walker, 2024 BCSC 1947, the disputant successfully brought a petition to ap...

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...

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...

The purpose of this provision, embodying as it does the common law “indoor management rule” is clear: persons doing business with a corporation should not have to be concerned about whether the company’s internal business housekeeping is in order. Instead, it is the company th...

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...

Nesbitt v. College of Physicians and Surgeons of British Columbia, 2024 BCSC 1661: Section 24 of the Health Professions Act, R.S.B.C. 1996, c. 183, provides a limited statutory immunity. The immunity applies to members of the College board and persons acting on behalf of the C...

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...

The legislative intent in fashioning the derivative action leave provisions required that leave be obtained before such action is filed. The provision stipulates that a complainant may, with leave of the court, prosecute a legal proceeding. The corollary is that a complainant...

In White (Re), the BC Supreme Court sitting in bankruptcy held that new evidence may be admitted in appeals under this section. The normally restrictive rules around new evidence, as set out in Palmer v. The Queen, [1980] 1 S.C.R. 759, would work injustice if applied to the “...

In VM Agritech Limited v. Smith, 2024 BCCA 360, the Court of Appeal upheld the lower court’s jurisdictional orders. Once a plaintiff’s burden with respect to establishing jurisdiction is met on the basis of the real and substantial connection test, it is irrelevant that the de...

In VM Agritech Limited v. Smith, 2024 BCCA 360, the Court of Appeal upheld the lower court’s jurisdictional orders. Once a plaintiff’s burden with respect to establishing jurisdiction is met on the basis of the real and substantial connection test, it is irrelevant that the de...

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 ...

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 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.

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...

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...

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 July 2022 the Ombudsperson’s Office released “Systemic Investigation Update: Report on the Implementation of Recommendations from Committed to Change: Protecting the Rights of Involuntary Patients under the Mental Health Act”, which considers whether and how its recommendat...

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.