Civil Litigation
-
August 15, 2025
Rectification: The court’s power to fix a contract
While written contracts are generally presumed to reflect the intentions of the parties that have signed them, this may not always be the case. What happens if one or both parties realize after the fact that the contract into which they entered does not accurately reflect their intended contractual terms?
-
August 15, 2025
Beyond the bar: When nobility rings hollow
I recently sat for the New York “bar exam” (also known as the Uniform Bar Exam or UBE), which is a gruelling and high-stakes test that marks the gateway to practising law in the United States. On the second day of this 12-hour exam, a tragic and jarring incident occurred: a fellow examinee collapsed from cardiac arrest while the test continued unabated.
-
August 14, 2025
Court denies leave to dentist in case of restrictive covenant breaches
The British Columbia Court of Appeal has denied leave to appeal an interlocutory injunction in a case where restrictive covenants were allegedly breached in relation to the operation of dental businesses.
-
August 14, 2025
DEI dilemma: U.S. state bars grapple with DEI programs, language amid legal threats
State bar leaders across the U.S. are wrestling with whether to stand firm on their diversity, equity and inclusion (DEI) programs or quietly rework programs and language as they face rising political pressure and potential legal challenges.
-
August 14, 2025
Yukon looking at public, professional feedback on amending Health Professions Act
Yukon will use feedback from the public and other stakeholders to guide “policy and regulatory development” in revamping legislation governing health care professionals.
-
August 14, 2025
A slippery slope: When brokers bind insurers
In Deasan Holdings Ltd. v. Continental Casualty Company, 2025 BCCA 177, the B.C. Court of Appeal overturned the trial judge’s narrow interpretation of a certificate of insurance and reaffirmed core principles of agency and contract interpretation in insurance law.
-
August 14, 2025
CIVIL PROCEDURE - Costs - Assessment or fixing of costs
Appeal by Duhamel from chambers judge’s decision dismissing his petition for judicial review. Duhamel sought judicial review of a decision by the Independent Investigations Office of British Columbia, to publish a document on its website summarizing the results of an investigation into the conduct of a police officer.
-
August 14, 2025
Bar ramps up campaign to end ‘Zoom-only’ policy & get intervener counsel back into SCC’s courtroom
Prominent intervener groups are telling the Supreme Court of Canada that its 2022 practice direction confining their counsel to Zoom and barring intervener lawyers from making submissions in person before the judges is hurting their advocacy and restricting access to justice for public interest groups. However, the top court says it’s sticking with its current policy since “virtual appearances have proven to be an effective means of supporting equal access.”
-
August 13, 2025
Court upholds dismissal of warranty claim against manufacturer over defective toilets
The Ontario Court of Appeal has upheld a decision striking Ottawa Community Housing Corporation (OCHC)’s warranty and negligence claims over defective toilet systems, ruling the manufacturer was not a seller under the Sale of Goods Act (SGA) and the losses were pure economic loss.
-
August 13, 2025
Cowichan Nation descendants successful in land claims in ‘longest trial’ in Canada
In an Indigenous land claim case that spanned 513 trial dates, the B.C. Supreme Court has found that descendants of the historic Cowichan Nation have a claim to land and right to fish in an area of Richmond, B.C., and on the southern arm of the Fraser River. The province has noted it plans to appeal the decision.