Facebook’s Terms of Use does not give California Court jurisdiction over the privacy rights of British Columbians

All users of Facebook agree to its Terms of Use as part of the registration process.  When doing so, users agree to submit to California courts when litigating any claim arising, and that the laws of California will govern.  Hence, …

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Ensuring that the new Societies Act (B.C.) does not have you headed to the Courtroom

Now is the perfect time for societies incorporated in British Columbia to consider how to avoid a new kind of court challenge that members can now bring under section 102 of the Societies Act, S.B.C. 2015, c. 18, which came …

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Here’s what you need to know about British Columbia’s new franchise law

On February 1, 2017, the Franchises Act S.B.C. 2015, c. 35 (the “Act”) came into force in British Columbia.

What this means for franchising in British Columbia:

The most important implication for franchisors with operations in BC will be the …

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Electronic document discovery in commercial litigation

One of the key components of conducting civil litigation in British Columbia is the production and discovery of documents by each of the parties to  the lawsuit. The parties are required, both at common law and under British Columbia’s Supreme

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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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