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In Cambie Surgeries Corporation v. British Columbia (Attorney General), 2022 BCCA 245, the appellant plaintiffs appealed the trial judge’s decision to dismiss arguments that sections 14, 17, 18 and 45 of the BC Medicare Protection Act (the “Act”) are unconsti...

A pecuniary interest, whether direct or indirect, cannot be inferred from the mere existence of a family relationship. In Fairbrass v. Hansma, 2010 BCCA 319, the court refused to find an indirect pecuniary interest on the part of the mayor in a vote on a rezoning bylaw. The ma...

In the Architectural Institute of BC v. Langford (City) 2020 BCSC 801, the Supreme Court recently applied the standard of review test set out in the Supreme Court of Canada decision in Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65 (“Vavilov”).

T...

It is not clear if the limitation period on distributing the estate applies when no application has been made, or will ever be made, for a representation grant.

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.

This section was applied by the court in the case of Al-Sabah Estate, 2015 BCSC 1781. In that case a grant of administration had issued to an administrator who was found to have failed to give proper notice to the beneficiaries and to have failed to advise the court of the he...

the "other prescribed substances" are cited in Section 3 of the Oil and Gas Activities Act General Regulation (see link attached). These are water or steam used for geothermal activities or oil and gas activities, carbon dioxide, and liquid hydrocarbons.

The recent decision of the Nisga'a Lisims Government v. Nisga'a Valley Health Authority 2017 BCSC 2363 involved a validation of a vote taken at a members' meeting of the Health Authority. The defect was that the Health Authority's Bylaws required a vote to be taken by a show ...

A Defendant in a personal injury action, even where serious injuries are plead, does not have an automatic right to plaintiff’s pre-accident medical, clinical or pharmacology records.

In Gill v. Fraser Health Authority, 2022 BCSC 638, Mr. Justice Smith refused to admit as evidence a letter relating a hospital’s internal quality review process in a medical malpractice suit arising out of the death of a three-year old. The Court found that the letter fe...

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...

The ministerial power to expand a statutory definition does not necessarily mark the outer boundaries of what could be included by the terms of a statute itself. It is neither unusual nor inconsistent for a minister to be granted less power than the Legislature itself chose to...

Gisborne v. Qathet (Regional District), 2022 BCSC 155. This decision considers section 101(2)(d) of the Community Charter.  This subsection prohibits a council member who has a conflict of interest with respect to a matter, from attempting in any way, to influen...

As Rob Miller has correctly pointed out, there appears to be an issue with the wording in this section. The sentence likely should include "of the" between "portion" and "highway".

Because this wording is also reflected in the official source, the change may need to be made l...

The threat of an oppressive act, even if the threat has passed before the matter proceeds to court, will not necessarily oust the court's jurisdiction to find oppression. If the aggrieved shareholder continues to suffer from the effect of the past oppression, the application m...

Sexual harassment: In Ms. K v. Deep Creek Store and another, 2021 BCHRT 158, the Tribunal considered a complaint of sexual harassment in light of the usual test for discrimination, as set out in Moore v. British Columbia, 2012 SCC 61, informed by the Supreme Court of Cana...

Scott v. College of Massage Therapists of British Columbia, 2016 BCCA 180: Section 35 of the Health Professions Act permits an inquiry committee to impose limits or conditions on the practice of the designated health profession by the registrant or suspend the registration of ...

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. 

Wong v. Lok’s Martial Arts Centre Inc. [2009 BCSC 1385]: A child’s parent cannot effectively execute a pre-tort release on behalf of a minor.

Per Willcock, J.:

[60] I am of the opinion, however, reading the Infants Act [RSBC 1996] C. 223 as a whole that the legislature i...

In King Day Holdings ltd. v. The Owners, Strata Plan LMS3851, 2020 BCCA 342, the strata corporation complied in all respects with the provisions of the Strata Property Act in the allocation of certain common expenses. Even so, the plaintiff claimed under section 164 of the Str...

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. 

Section 6.31(3)(a) grants the chief gold commissioner the power to register notice of his or her order. It does not impose any requirement on him to do so, and deals with notice of an order, not the order itself.

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...

Sections 12 and 14 of the previous Consultation and Notification Regulation outlined the times within which any responses to notification and consultation must be received, noted in this section as the time after which obligations terminate.

In JVD Installations Inc. v. Skookum Creek Power Partnership, 2022 BCCA 81, the BC Court of Appeal considered a secondary issue of whether a builders lien is limited by the value of the equity in the liened property. In this case, the appellant owners had given security under ...

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

Debris pile burning is part of "timber harvesting" and "silviculture treatments" within the meaning of this section. Accordingly, where a wildfire results from debris pile burning (e.g. from a holdover fire following a burn program or where the fire escapes) and the other requ...

Section 657(1) creates a redemption period and obliges a local government to give written notice of the sale and the expiry date of the redemption period to the registered owner of a property sold at a tax sale. The written notice must be sent no later than three months after ...

It is not clear if the limitation period on distributing the estate applies when no application has been made, or will ever be made, for a representation grant.

“Occupational association” is defined in s. 1 of the Code to mean “an organization, other than a trade union or employers’ organization, in which membership is a prerequisite to carrying on a trade, occupation or profession”.

The Human Rights Tribunal has found 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.

...

Section 79 of the Freedom of Information and Protection of Privacy Act (”FIPPA”) provides that, if a FIPPA provision is inconsistent or in conflict with a provision in another statute, the FIPPA provision prevails unless the other statute expressly provides that if applies...

Assam Co. India Ltd. v. Canoro Resources Ltd., 2014 BCSC 370 at para. 42

Principles under this provision include that:

1. Broad deference and respect is to be accorded to international arbitration tribunals;

2. This Court is generally not empowered to scrutinize the arb...

As Rob Miller has correctly pointed out, there appears to be an issue with the wording in this section. The sentence likely should include "of the" between "portion" and "highway".

Because this wording is also reflected in the official source, the change may need to be made l...

the "other prescribed substances" are cited in Section 3 of the Oil and Gas Activities Act General Regulation (see link attached). These are water or steam used for geothermal activities or oil and gas activities, carbon dioxide, and liquid hydrocarbons.

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...

In Conklin v. University of British Columbia, 2022 BCCA 333, the BC Court of Appeal said that,

to survive scrutiny under s. 27(1)(c), a complaint need not include direct evidence of discrimination. Inferences that could reasonably arise from the record may be sufficient. Thos...

The Act only contemplates the singular arbitration of disputes arising under an individual contract, with the exception of disputes falling within the ambit of s. 21. Section 21 indicates the legislature was alive to the specific issue of multi-party, multi-contract arbitrati...

This section should be taken at face value, which means that the 30-day period is unique to each member receiving a LITB. For example, if an administrator gets a "bounce back" and have to send out the statement again, the 30-day period does not start till the member actually g...

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 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...

Scott v. College of Massage Therapists of British Columbia, 2016 BCCA 180: Section 35 of the Health Professions Act permits an inquiry committee to impose limits or conditions on the practice of the designated health profession by the registrant or suspend the registration of ...

Bill 5 – 2022: Workers Compensation Amendment Act, 2022, proposes new protections to help keep workers safe from the danger of asbestos.

 

The proposed amendments include the establishment of requirements that asbestos abatement contractors must be licensed to ope...

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 ...

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 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.

&...

A Defendant in a personal injury action, even where serious injuries are plead, does not have an automatic right to plaintiff’s pre-accident medical, clinical or pharmacology records.

Section 463 empowers a municipality to direct that a building permit be withheld for a 30-day period where it identifies a conflict between a proposed development and an OCP or a zoning bylaw under preparation, where preparation of the bylaw begins at least 7 days before the...

The Act only contemplates the singular arbitration of disputes arising under an individual contract, with the exception of disputes falling within the ambit of s. 21. Section 21 indicates the legislature was alive to the specific issue of multi-party, multi-contract arbitrati...

Assam Co. India Ltd. v. Canoro Resources Ltd., 2014 BCSC 370 at para. 42

Principles under this provision include that:

1. Broad deference and respect is to be accorded to international arbitration tribunals;

2. This Court is generally not empowered to scrutinize the arb...

The purpose of the limitation period in s. 75 is to ensure the timely determination of contraventions.  This means that the words "first came to the knowledge" in s. 75(1) should start at the earliest point in the process when the facts leading to the determination are kn...

This section was applied by the court in the case of Al-Sabah Estate, 2015 BCSC 1781. In that case a grant of administration had issued to an administrator who was found to have failed to give proper notice to the beneficiaries and to have failed to advise the court of the he...

As with the definition of Employee, the definition of Employer will be accorded a liberal interpretation. The use of the word “includes” rather than “means” in its definition in the Employment Standards Act demonstrates that the Legislature has intentionally left this ...

The common law defences of impossibility and due diligence apply in the penal context, but not under the Environmental Management Act.

In Mount Polley Mining Corporation v Environmental Appeal Board, 2022 BCSC 1483, the British Columbia Supreme Court upheld a decision of the ...

“Occupational association” is defined in s. 1 of the Code to mean “an organization, other than a trade union or employers’ organization, in which membership is a prerequisite to carrying on a trade, occupation or profession”.

The Human Rights Tribunal has found the...

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 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...

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.

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...

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 ...

Section 657(1) creates a redemption period and obliges a local government to give written notice of the sale and the expiry date of the redemption period to the registered owner of a property sold at a tax sale. The written notice must be sent no later than three months after ...

There is no express authority under s.85(3) for an approving officer to require a restrictive covenant to demonstrate that a certain public interest will be met after the subdivision is approved. However, the practice of approving officers to require such covenants has been en...

section 15 under the previous Consultation and Notification Regulation

The common law defences of impossibility and due diligence apply in the penal context, but not under the Environmental Management Act.

In Mount Polley Mining Corporation v Environmental Appeal Board, 2022 BCSC 1483, the British Columbia Supreme Court upheld a decision of the ...

In the Architectural Institute of BC v. Langford (City) 2020 BCSC 801, the Supreme Court recently applied the standard of review test set out in the Supreme Court of Canada decision in Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65 (“Vavilov”).

T...

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...

As with the definition of Employee, the definition of Employer will be accorded a liberal interpretation. The use of the word “includes” rather than “means” in its definition in the Employment Standards Act demonstrates that the Legislature has intentionally left this ...

This section should be taken at face value, which means that the 30-day period is unique to each member receiving a LITB. For example, if an administrator gets a "bounce back" and have to send out the statement again, the 30-day period does not start till the member actually g...

On March 18, 2020, the Commercial Vehicle Safety Enforcement (CVSE) Branch of the Ministry of Transportation and Infrastructure (MOTI) issued NSC Bulletin #01-2020 to provide clarity regarding B.C.'s Hours of Service Regulations while providing relief during the COVID-19 pande...

Whether a defense of due diligence is available depends on the reasonableness of the systems relied upon to prevent contraventions, as well as whether reasonable steps were taken to ensure the ‎‎effective operation of the system. The assessment is based upon the informati...

WCAT Decision A2000613

Cancellation of $76,900 penalty and substitution with Warning Letter on fall protection violation.

Factors weighed included financial impact of losing COR rebate, employer’s extensive safety program and misconduct of trained workers.

The case concer...

In The Owners, Strata Plan BCS 435 v. Wong, 2020 BCSC 1972, the B.C. Supreme Court upheld a decision of the Civil Resolution Tribunal (“CRT”) which found that a reasonable person would not consider the Strata’s collection of personal information of overnight visitors app...

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...

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.

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

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...

A pecuniary interest, whether direct or indirect, cannot be inferred from the mere existence of a family relationship. In Fairbrass v. Hansma, 2010 BCCA 319, the court refused to find an indirect pecuniary interest on the part of the mayor in a vote on a rezoning bylaw. The ma...

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 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 ...

On March 18, 2020, the Commercial Vehicle Safety Enforcement (CVSE) Branch of the Ministry of Transportation and Infrastructure (MOTI) issued NSC Bulletin #01-2020 to provide clarity regarding B.C.'s Hours of Service Regulations while providing relief during the COVID-19 pande...

Mere assumptions are insufficient to establish a defense of mistake of fact - the defense requires reasons for a mistaken belief in facts. ‎

In King Day Holdings ltd. v. The Owners, Strata Plan LMS3851, 2020 BCCA 342, the strata corporation complied in all respects with the provisions of the Strata Property Act in the allocation of certain common expenses. Even so, the plaintiff claimed under section 164 of the Str...

The recent decision of the Nisga'a Lisims Government v. Nisga'a Valley Health Authority 2017 BCSC 2363 involved a validation of a vote taken at a members' meeting of the Health Authority. The defect was that the Health Authority's Bylaws required a vote to be taken by a show ...

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...

Wong v. Lok’s Martial Arts Centre Inc. [2009 BCSC 1385]: A child’s parent cannot effectively execute a pre-tort release on behalf of a minor.

Per Willcock, J.:

[60] I am of the opinion, however, reading the Infants Act [RSBC 1996] C. 223 as a whole that the legislature i...

North Vancouver (District) v. Wilson,  2022  BCSC 2014.  This decision concerns a resolution requiring an owner to take remedial action to remedy an unsafe condition on their property, pursuant to section 73 of the Community Charter.  The uns...