Double security for lien claimants?: The Stuart Olson decision

On September 18, 2015, the Supreme Court of Canada issued reasons for judgment in Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, 2015 SCC 43. While in many respects the decision simply confirmed the remedies available to …

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Alternative Dispute Resolution: Some Practical Considerations

Many commercial agreements contain dispute resolution mechanisms, such as mandatory mediation or binding arbitration. These types of provisions appear with increasing frequency as an alternative to the traditional litigation process for settling business disputes. While these types of mechanisms can …

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My Tenant Owes Me Rent – What Can I Do?

A commercial tenant falling into arrears is unfortunately a not-infrequent occurrence. Faced with a non-paying tenant, commercial landlords have a number of options to enforce their rights.

First, the landlord can distrain for the arrears pursuant to the Rent Distress

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Upholding the end of the bargain, and avoiding penalty and unconscionable claims – Case Comment: Do v. Nichols

On March 18, 2016, the British Columbia Court of Appeal released reasons for judgment in Do v. Nichols, 2016 BCCA 128.  This decision provides guidance on how to draft and enforce tough provisions in a contract that can withstand penal …

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Limits on Restrictive Covenants – Case Comment: MEDlchair LP v. DME Medequip Inc.

On February 29, 2016, the Ontario Court of Appeal issued reasons for judgment in MEDlchair LP v. DME Medequip Inc., 2016 ONCA 168, allowing the appeal of the trial level decision (reported at 2015 ONSC 3718) on one …

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Case Comment: Northwest Waste Solutions v. Accili

On January 29, 2016, the Supreme Court of British Columbia issued reasons for judgment in Northwest Waste Solutions v. Accili, 2016 BCSC 115. The case provides important guidance to litigants in multi-party litigation where a plaintiff has agreed …

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Case Comment: Garcia v. Tahoe Resources Inc.

The Supreme Court of British Columbia recently issued reasons for judgment in Garcia v. Tahoe Resources Inc. (“Garcia”).* Madam Justice Gerow granted the application of the defendant, Tahoe Resources Inc. (“Tahoe”), and ordered that the litigation be stayed …

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Obtaining Evidence in British Columbia: Some Practical Points to Consider

From time to time, litigants in jurisdictions outside British Columbia discover that a key witness or some important documents are located in British Columbia – outside the jurisdictional reach of the court in which they are litigating. Occasionally, the witness …

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Time to Pay the Piper – Enforcing Foreign Judgments in British Columbia

Given the increasing amount of cross-border economic activity in the age of globalization, it is not surprising that the victorious litigant often finds that the debtor has no assets within the jurisdiction capable of satisfying a judgment. Fortunately, many jurisdictions …

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