2012 – BC


BC Take Five January 2012 cover Summarized Cases:

Lalani v. Chow, 2011 BCCA 499: Breach of Contract; Specific Performance; Damages
Roy v 1216393 Ontario Inc, 2011 BCCA 500: Breach of Contract; Exclusion of Liability; Fraud
K.D v. N.D., 2011 BCCA 513: Spousal Support; Variation Order; Change in Economic
Circumstances; New Evidence on Appeal
United States v. Wilson, 2011 BCCA 514: Extradition; Admissibility of Excluded Evidence
United Steelworkers, Paper and Forestry, Rubber, Manufacturing, Energy Allied Industrial and Service Workers International Union,
Local 2009 v. Auyeung, 2011 BCCA 527: Administrative Decisions; Standard of Review


BC Take Five February 2012 cover Summarized Cases:

Giza v. Sechelt School Bus Service Ltd., 2012 BCCA 18: Employment Law; Adequate Notice; Constructive Dismissal
Enviro West Inc. v. Copper Mountain Mining Corporation, 2012 BCCA 23: Negligence; Standard of Care; Contributory Negligence
Cassells v. Ladolcetta, 2012 BCCA 27: Damages; Causation; Expert Evidence; Mitigation
Peier v. Cressey Whistler Townhomes Limited Partnership, 2012 BCCA 28: Contracts; Condition Precedent; Termination
Preymann v. Ayus Technology Corporation, 2012 BCCA 30: International Agreements; Forum Selection Clause; Forum Non Conveniens


BC Take Five March 2012 cover Summarized Cases:

Morlan v. Barrett, 2012 BCCA 66: Personal Injury; Damages; Impairment of Earning Capacity ~ Counsel Comments provided by John Cameron and David Kolb, Counsel for the Respondent
Bracken v. Strongarm, 2012 BCCA 67: Tort Law; Occupier’s Liability; Vicarious Liability
Tri-X Timber Corporation v. Rutherford, 2012 BCCA 71: Real Property; Interests in Land; Restrictive Covenants ~ Counsel Comments provided by D. Laurence Armstrong, Counsel for the Respondents
R. v. Chiang, 2012 BCCA 85: Criminal Law; Entrapment; Sexual Offences
Dhaliwal v. Ollek, 2012 BCCA 86: Real Property; Joint Ownership; Resulting Trust ~ Counsel Comments provided by J. Jacy Wingson, Counsel for the Respondent



BC Take Five April 2012 cover Summarized Cases:

Chamberlain v. Jodoin, 2012 BCCA 108: Tort Law; Occupiers Liability; Slip and Fall; Definition of “Occupier” ~ Counsel Comments provided by Don Lethwaite, Counsel for the Respondent
Loychuk v. Cougar Mountain Adventures Ltd., 2012 BCCA 122: Tort Law; Negligence; Dangerous Situations; Waiver of Liability ~ Counsel Comments provided by R.B. Lindsay, Q.C., Counsel for the Respondent
Donell v. GJB Enterprises Inc., 2012 BCCA 135: Civil Procedure; Discovery; Privileged Documents; Trust Account Ledgers
Civil Procedure; Parties; Class Actions
Routkovskaia v. British Columbia (Human Rights Tribunal), 2012 BCCA 141: Human Rights; Appeals and Judicial Review ~  Counsel Comments provided by M.H. Korbin, Counsel for the Respondents



BC Take Five May 2012 cover Summarized Cases:

W.N. v. C.G., 2012 BCCA 149: Custody and Guardianship; Foster Parents; Best Interests of the Child
Dish Network L.L.C. v. Rex, 2012 BCCA 161: Constitutional Challenge; Advance Costs; Freedom of Expression ~ Counsel Comments provided by Joseph J. Arvay, Q.C, Counsel for the Respondents
Ren v. Yang, 2012 BCCA 164: Child Custody; Guardianship; Child and Spousal Support; Division of Family Assets
Buencamino v. Canada (Minister of Justice), 2012 BCCA 165: Extradition; Interim Release Pending Appeal ~ Counsel Comments provided by Gary Botting, Counsel for the Applicant
Canwest Publishing Inc. v. Wilson, 2012 BCCA 181: Defamation; Discovery; Disclosure of Confidential Source; Wigmore Criteria; Journalist-Source Privilege ~ Counsel Comments provided by Daniel Burnett, Counsel for the Appellants


BC Take Five June 2012 cover Summarized Cases:

Musqueam First Nation v. British Columbia (Assessor of Area #09), 2012 BCCA 178: Real Property Law; Taxation; Aboriginal Law ~ Counsel Comments provided by Bruce Hallsor, Counsel for the Respondent Assessor
Redfern Resources Ltd. (Re), 2012 BCCA 189: Commercial Law; Sale of Goods ~ Counsel Comments provided by Brent Meckling and Monika Gehlen, Counsel for the Respondent
Kwicksutaineuk/Ah-Kwa-Mish First Nation v. Canada (Attorney General), 2012 BCCA 193: Civil Litigation; Class Actions; Aboriginal Law ~ Counsel Comments provided by Harry Wruck, Counsel for the Appellant
Hundley v. Garnier, 2012 BCCA 199: Real Property Law; Tender; Duties of Agents
Davies v. Davies, 2012 BCCA 21: Family Law; Marital Property; Equalization or Division



BC Take Five July 2012 cover Summarized Cases:

Great Canadian Railtour Company Ltd. v. Teamsters Local Union No. 31, 2012 BCCA 238: Labour Law; Injunctions; Picketing ~ Counsel Comments provided by Geoffrey Litherland, Counsel for the Respondent
Fairhurst v. De Beers Canada Inc., 2012 BCCA 257: Civil Litigation; Conflict of Laws; Jurisdiction
299 Burrard Residential Limited Partnership v. Essalat, 2012 BCCA 271: Real Property; Deposits; Disclosure Statements ~ Counsel Comments provided by Jeremy E. Shragge, Co-Counsel for the Appellant, and, by Shane D. Coblin, Co-Counsel for the
Vernon Vipers Hockey Club v. Canadian Recreation Excellence (Vernon) Corporation, 2012 BCCA 291: Insurance Law; Contracts; Duty to Defend ~ Counsel Comments provided by Judith P. Kennedy, Counsel for the Respondents
William v. British Columbia, 2012 BCCA 285: Aboriginal Law; Aboriginal Title; Hunting Fishing and Logging Rights ~ Counsel Comments provided by Cheryl Sharvit, Counsel for the Intervenors Okanagan Nation (Chief Wilson) and Secwepemc Nation (Chief Jules), and, by David M. Rosenberg, Q.C., Counsel for Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet’in
First Nations Government and on behalf of all other members of the Tsilhqot’in Nation, and, by John Gailus, Counsel for the Treaty 8
First Nations, and, by Christopher Devlin, Counsel for the Treaty 8 First Nation



BC Take Five August 2012 cover Summarized Cases:


BC Take Five September 2012 cover Summarized Cases:


BC Take Five October 2012 cover Summarized Cases:


BC Take Five November 2012 cover Summarized Cases:


BC Take Five December 2012 cover Summarized Cases:


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