- Can you Exclude All Claims in Construction Tendering: Tercon (SCC), May 2010 The Supreme Court of Canada has delivered its judgment in the controversial case of Tercon Contractors Ltd. v. British Columbia (Transportation and Highways).
- "The fly in the water bottle - How Mustapha modifies the 'thin skull' rule" - This article originally appeared in the Sept 5, 2008, issue of The Lawyers Weekly published by LexisNexis Canada Inc.
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Why Not Stay?
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The obligation of a person having charge, care or control of a vehicle to stop and stay at the scene of an accident was recently reviewed by the British Columbia Court of Appeal. ...
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ARE YOU BEING HELD FOR RANSOM? WHAT TO DO ABOUT IMPROPER AND INVALID LIENS
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These materials were prepared by D.S. Lamb of Richards Buell Sutton LLP and presented at the Continuing Legal Education seminar, Construction Law Update - 2004, held on November 25 ...
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Mediation and Arbitration Are Two Ways to Resolve Disputes Quickly and Without Excessive Cost.
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As anyone who has been involved in the process of resolving a dispute knows, litigation can be a long, drawn out, frustrating and expensive experience. In the end, even if you "win ...
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PITFALLS OF DISTRAINT: WHAT A LANDLORD CAN AND CANNOT DO. The Problem: A Tenant Defaults Under a Commercial Lease
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In difficult economic times, landlords often have to deal with tenants who default under a commercial lease. The pattern of default is typical. It often begins with a series of lat ...
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Having a Party: Host's Liability
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Imagine the following situations:
A drunken bar patron is struck and injured by a car upon leaving the bar.
A social guest at a friend's home is intoxicated. Later, while dr ...
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Contractors Are Responsible For A Building's Faulty Construction
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In 1974, a contractor and several subcontractors built an apartment building using drawings and specifications prepared by a firm of architects. In 1978, the building was sold to a ...
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Servers of Alcohol Beware
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Many people know that hotels, bars and restaurants (commercial hosts) can be held responsible for serving alcohol to people who become intoxicated, when that intoxication leads to ...
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Never Never Law?!? Why it can take years to bring a Personal Injury Claim to Trial
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Why is the legal system so slow?! Will my case ever get heard?! These are questions often asked by personal injury litigants who wonder why their claims take so long to see a cour ...
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Builders Lien Act
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The Builders Lien Act (the "Act") was brought into effect February 1, 1998, resulting in substantive changes to the law. The Act applies to current projects for which the time for ...
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EARTHQUAKE INSURANCE
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"Shake" Coverage: Direct Property Damage
Most people only think of earthquake insurance as the coverage for direct property damage and loss caused by the violent shaking of an ea ...
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Fast Track Litigation
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The fast track litigation procedure is available in civil actions which are commenced at the Vancouver, New Westminster or Kamloops Registries of the Supreme Court of British Colum ...
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New Twists on Occupiers Liability
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by Scott MacDonald
Can a Burglar Sue a Homeowner for Injuries Sustained During a Break-in?
Anyone who trespasses on land to commit a criminal act is deemed to have willingly acce ...
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Litigation or Mediation?
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Traumatic brain injury victims often retain a lawyer to bring claims for damages on their behalf. Their lawyer will tell them how long it will take their case to get to trial, wha ...
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Personal Injury Outside Canada
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A British Columbia Supreme Court Judge ruled on the question of what country's law should apply when Canadian motorists are injured in another country. In this case, that country w ...
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"In Sickness and in Health" - Family Law
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The Supreme Court of Canada sent a chill throughout the country in March 1999, when it decided in Bracklow v. Bracklow that spousal support can be "non-compensatory" or "needs-base ...
