Archived Issues of BC Take Five – 2017




      Summarized Cases:

  1. Harder v. Poettcker, 2016 BCCA 477- Areas of Law: Personal Injury; Motor Vehicle Accident; Supreme Court Civil Rules; Retrial
  2. The Owners, Strata Plan NW 499 v. Louis, 2016 BCCA 494- Areas of Law: Property Law; Strata Corporations; Charter Rights; Mootness- With Counsel Comments provided by Tyna Mason, Counsel for the Respondent Attorney General of British Columbia
  3. Este v. Blackburn, 2016 BCCA 496- Areas of Law: Defamation; Privacy; Disclosure; “Antunes” and “Halliday” Orders
  4. Fort Nelson First Nation v. British Columbia (Environmental Assessment Office), 2016 BCCA 500- Areas of Law: Aboriginal Law; Natural Resources; Judicial Review; Statutory Interpretation- With Counsel Comments provided by Patrick Foy, Q.C, Counsel for the Appellant Executive Director of the B.C. Environmental Assessment Office
  5. Qterra Properties Ltd. v. Delta (Corporation), 2016 BCCA 504- Areas of Law: Municipal Law; Zoning Bylaws; Land Use Planning; Liquor Store; Standard of Review




      Summarized Cases:

  1. Veracity Capital Corporation v. Canada (National Revenue), 2017 BCCA 3- Areas of Law: Taxation; Capital Gains; Income Tax Act; British Columbia General Anti-Avoidance Rule
  2. Laursen v. Director of Crime Victim Assistance, 2017 BCCA 8- Areas of Law: Crime Victim Assistance Act; Lost Earning Capacity; Judicial Review; Limitation Period- With Counsel Comments provided by Jeremy E. Shragge of Shields Harney and
    Laura Miller (articled student) of Harper Grey LLP, Counsel for the Appellant and Tyna Mason and Christina Drake, Counsel for the Respondent
  3. Workers’ Compensation Board of British Columbia v. Seattle Environmental Consulting Ltd.,2017 BCCA 19- Areas of Law: Chambers; Clarity of Court Orders; Contempt- With Counsel Comments provided by Ben Parkin, Counsel for the Appellant
  4. Garcia v. Tahoe Resources Inc., 2017 BCCA 39- Areas of Law: Conflict of Laws; Judicial Unfairness; Forum non conveniens; Mining; Protests
  5. Vancouver Community College v. Vancouver Career College
    (Burnaby) Inc., 2017 BCCA 41- Areas of Law: Intellectual Property; Internet Law; Trade-marks Act; Passing Off; Goodwill- With Counsel Comments provided by Christopher Wilson, Counsel for the Appellant




      Summarized Cases:

  1. Nelson v. British Columbia (Provincial Health Services Authority), 2017 BCCA 46- Areas of Law: Torts; Medical Malpractice; Obstetrics; Misapprehension of Expert Evidence
  2. Cellular Baby Cell Phones Accessories Specialist Ltd. v. Fido Solutions Inc.,
    2017 BCCA 50- Areas of Law: Contracts; Wrongful Termination of Agreement; Damages; Loss Mitigation- Counsel Comments provided by Greg Harney, Counsel for the Appellant
  3. A & W Ranching Ltd. v. Alkam Holdings Ltd., 2017 BCCA 76,- Areas of Law: Contracts; Land Survey; Logging; Crown Land; Waiver- With Counsel Comments provided by Rachel R. Lammers, Counsel for the Appellant
  4. Dunn v. TD Canada Trust, 2017 BCCA 90, – Areas of Law: Estates; Will Interpretation; Trustee Duties; Bonds and Stocks- With Counsel Comments provided by Eileen Vanderburgh and Emily Clough, Counsel for the Appellant, TD Canada Trust
  5. Bartch v. Bartch, 2017 BCCA 94- Areas of Law: Family Law; Marital Assets; Valuation; Appointing Joint Experts; Supreme Court Family Rules




      Summarized Cases:

  1. Guthrie v. Abakhan & Associates Inc., 2017 BCCA 102- Areas of Law: Fraudulent Conveyance Act; Bankruptcy; Effect of Declaring Conveyance “Void”
  2. Organization of Chartered Professional Accountants of British Columbia v. Nordine, 2017 BCCA 103- Areas of Law: Injunctions; Professional Designation; Chartered Professional Accountants Act
  3. Jiang v. Peoples Trust Company, 2017 BCCA 119,- Areas of Law: Class Actions; Certification Proceedings; Defining a Class; Statutory Interpretation
  4. Haynes v. Haynes, 2017 BCCA 131, – Areas of Law: Torts; Negligence; Causation; Truck Trailer; Motor Vehicle Act Regulations
  5. Park v. Targonski, 2017 BCCA 134- Areas of Law: Personal Injury; Non-Pecuniary Damages; Mitigation; Wage Loss; Future Earning Capacity




      Summarized Cases:

  1. Briante v. Vancouver Island Health Authority, 2017 BCCA 148- Areas of Law: Torts; Medical Negligence; Psychiatric Care; Causation; Standard of Care; Costs
  2. Sinai v. Mahmoud, 2017 BCCA 155- Areas of Law: Family Law; Division of Family Assets; Distributive Taxes; Double Costs
  3. TD Bank v. British Columbia (Commissioner of Income Tax), 2017 BCCA 159- Areas of Law: Tax Refunds; Extension of Time; Statutory Interpretation; Fettering
  4. Weaver v. Corcoran, 2017 BCCA 160- Areas of Law: Torts; Defamation; Fair Comment; Climate Science; Fossil Fuel Industry
  5. Paur v. Providence Health Care, 2017 BCCA 161- Areas of Law: Torts; Negligence; Hospital Emergency Ward; Suicide; Occupiers Liability Act




      Summarized Cases:

  1. Smithies Holdings Inc. v. RCV Holdings Ltd., 2017 BCCA 177- Areas of Law: Special Costs; Pre-Litigation Conduct; Special Damages; Joint Ventures- With Counsel Comments provided by Ronald Josephson, Counsel for the Appellants
  2. Bruce v. Cohon, 2017 BCCA 186- Areas of Law: Negligence; Failure to Warn; Professional Football; Labour Law; Collective Agreement- With Counsel Comments provided by Stephen Shamie, Counsel for the Respondents, the CFL Teams, and Mark Steven Cohon
  3. Hansra v. Hansra, 2017 BCCA 199- Areas of Law: Family Law; Special Costs; Rehearing; Limits of Discretion- With Counsel Comments provided by Parmjit Virk and Graeme Hooper, Counsel for the Appellant
  4. Anonson v. North Vancouver (City), 2017 BCCA 205- Areas of Law: Municipal Law; Limitation Periods; Local Government Act
  5. Poonian v. British Columbia Securities Commission, 2017 BCCA 207- Areas of Law: Securities Act; Disgorgement; Standard of Review; Statutory Interpretation; Joint and Several Orders




      Summarized Cases:

  1. British Columbia (Attorney General) v. Lee, 2017 BCCA 219- Areas of Law: Privilege; Solicitor-Client Relationship; Legal Advice- With Counsel Comments provided by Catherine George, Counsel for the Respondents
  2. Gordon v. Ahn, 2017 BCCA 221- Areas of Law: Torts; Damages; Crumbling Skull Doctrine; Depression- With Counsel Comments provided by Gavin Cameron, Counsel for the Appellant
  3. Harrington Global Opportunities Fund Ltd. v. Eco Oro Minerals Corp., 2017 BCCA 224- Areas of Law: Business Corporations; Multiple Proceedings; Conflict Between Tribunals- With Counsel Comments provided by Teresa Tomchak, Counsel for the Respondents, Amber Capital LP and Paulson & Co. Inc.
  4. Pinch (Guardian ad litem of ) v. Morwood, 2017 BCCA 234- Areas of Law: Torts; Negligence; Medical Care; Evidence; Palpable and Overriding Error- With Counsel Comments provided by Paul McGivern, Counsel for the Respondents
  5. Francescutti v. Vancouver (City), 2017 BCCA 242- Areas of Law: Human Rights Tribunal; Judicial Review; Reasonable Prospect of Success




      Summarized Cases:

  1. Lau v. Royal Bank of Canada, 2017 BCCA 253- Areas of Law: Aggravated Damages; Employment Law; Wrongful Dismissal; Psychological Impact
  2. McDonald v. McDonald, 2017 BCCA 255- Areas of Law: Wills and Estates; Unjust Enrichment; Family Farm; Chores- With Counsel Comments provided by Mark Stacey, Counsel for the Appellant Julie McDonald and Kathy Ducey and Spencer May, Counsel for the Respondents Sylvia McDonald and for the Estate of Samuel McDonald
  3. Ilett v. Buckley, 2017 BCCA 257- Areas of Law: Torts; Motor Vehicle Accident; Bicycles; Duty of Care; Damages- With Counsel Comments provided by Dana Quantz, Counsel for the Respondent
  4. Winstanley v. Winstanley, 2017 BCCA 265- Areas of Law: Wills and Estates; Trusts; Presumption of Resulting Trust; Dependency- With Counsel Comments provided by
    Michael F. Welsh, Counsel for the Respondent
    and Eileen Vanderburgh, Counsel for the Appellants
  5. Zongshen (Canada) Environtech Ltd. v. Bowen Island (Municipality), 2017 BCCA 267- Areas of Law: Municipal Law; Building Permits; Prohibited Uses; Moorage


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