2020 BC Newsletter

Summarized Cases:

Colwill v. Workers’ Compensation Board, 2019 BCCA 453: Workers’ Compensation Act; Reviewing Workers’ Compensation Board Policies; Minimum Compensation under s. 22(2) of the Act ~ Counsel Comments presented by Ben Parkin, Counsel for the Appellant ; and by Kevin Love, Counsel for the Respondent

Lindsay v. Ambrosi, 2019 BCCA 442:Real Estate Services Act; Statutory Bar to Remuneration for Unlicensed Real Estate Services; Quantum Meruit

Nordmark v. Frykman, 2019 BCCA 433: Jurisdiction; Attornment; forum non conveniens ~ Counsel Comments presented by Gordon Behan, Counsel for the Respondent

Fantov v. Canada Bread Company, Ltd., 2019 BCCA 447: Class Action Proceedings Amendment Act

Service v. University of Victoria, 2019 BCCA 474: Class Proceedings; Certification; Common Issues; Litigation Plans ~ Counsel Comments provided by David Mulroney and Chris Siver, Counsel for the Appellant

Summarized Cases:

Wang v. Wang, 2020 BCCA 15: Fiduciary Duty; Power of Attorney; Clean Hands Doctrine ~ Counsel Comments provided by Malcolm Funt, Counsel for the Respondent

A.B. v. C.D., 2020 BCCA 11: Section 37 of the Family Law Act; Section 17 of the Infants Act; Declarations as to “Best Interests” of a Child; Conduct Orders Under the Family Law Act ~ Counsel Comments provided by Barbara Findlay, Q.C., Counsel for the Respondent, A.B.

Quach v. Mitrux Services Ltd., 2020 BCCA 25: Employment Law; Fixed-Term Contracts; Fresh Consideration for Varying Employment Contracts; Mitigation of Damages in Context of Fixed-Term Employment Contracts ~ Counsel Comments provided by Eric Heath, Counsel for the Appellants ; and by Michael Truong and Daniel Sorensen, Counsel for the Respondent

Marchi v. Nelson (City of), 2020 BCCA 1: Personal Injury; Tort Liability of a Municipality; Operational and Policy Decisions ~ Counsel Comments provided by Greg J Allen – Counsel for the Respondent

McKibbon v. BDO Canada Limited, 2020 BCCA 7: Section 41(8) of the Bankruptcy and Insolvency Act; Revoking the Discharge of a Bankruptcy Trustee; Whether Fraud a Necessary Element for the Revocation of a Discharge

Summarized Cases:

Willms v. Willms, 2020 BCCA 51: Spousal Support; Material Change in Circumstances; Retroactive Spousal Support ~ Counsel Comments provided by Brandon Hastings, Counsel for the Appellant ; and by Joan Dreyer, Counsel for the Respondent

Pan v. Gao, 2020 BCCA 58: Defamation; Judicial Notice of Foreign Legal Systems; Adverse Inferences; Defence of Fair Comment ~ Counsel Comments provided by Nathan J. Muirhead and Nerissa Yan, Counsel for the Appellant

567 Hornby Apartment Ltd. v. Le Soleil Restaurant Inc., 2020 BCCA 69: Costs; Special Costs; Costs of Pre-Trial Applications; Costs of a Costs Assessment; Rule 14-1(12)

Forjay Management Ltd. v. 625536 B.C. Ltd., 2020 BCCA 70: Mortgages; Priority; Tacking; Remedies for a Criminal Rate of Interest

R. v. Robertson, 2020 BCCA 65: Possession of Stolen Firearm; Charter of Rights and Freedoms; Test for Determining Validity of Mandatory Minimum Sentences ~ Counsel Comments provided by Marshall Putnam, Counsel for the Appellant

Summarized Cases:

Blueberry River First Nation v. Laird,2020 BCCA 76: Amending Pleadings; Limitation Act; Damages

<Doukhobor Heritage Retreat Society #1999 v. Vancouver Foundation, 2019 BCSC 54: Vancouver Foundation Act; Perpetuity Act; Charitable Purpose Trusts; Gifts ~ Counsel Comments provided by Helen Low, Q.C. and Eric Clavier

Provost v. Dueck Downtown Chevrolet Buick GMC Limited, 2020 BCCA 86: Negligence; Duty of Care; Foreseeability of Harm Caused by a Stolen Vehicle ~ Counsel Comments provided by Avon Mersey, Q.C
Cobble Hill Holdings Ltd. v. British Columbia, 2020 BCCA 91: Misfeasance in public office; Negligence; Duty of Care of Public Officials
Kim v. Choi, 2020 BCCA 98: Unjust Enrichment; Ex Turpi Causa; Illegality of a Contract

Summarized Cases:

1120732 B.C. Ltd. v. Whistler (Resort Municipality), 2020 BCCA 101: Municipal Law; Judicial Review; Users vs. Use; Non-Conforming Uses; Covenants on Title ~ Counsel Comments provided by L. John Alexander, Counsel for the Appellants; and by Alyssa Bradley, Counsel for the Respondent; and by Roy Millen and Laura Cundari Counsel for the Respondent
Weaver v. Ball, 2020 BCCA 119: Defamation; Defamatory Meaning; Public Debate
Ralph’s Auto Supply (B.C.) Ltd. v. Ken Ransford Holdings Ltd., 2020 BCCA 120: Interlocutory Injunctions; Dismissal for Want of Prosecution; Enforcing the Undertaking as to Damages ~ Counsel Comments provided by Herbert S. Silber QC and Dan Hepburn
Clayworth v. Octaform Systems Inc., 2020 BCCA 117: Arbitration Clauses; Stays; the “Arguable Case” Test ~ Counsel Comments provided by Julie Menten
N.K. v. M.H., 2020 BCCA 121: Family Law; Unequal Division of Family Property; Unequal Division of Family Debt

Summarized Cases:

Abdi v. Burnaby (City), 2020 BCCA 125: Negligence; Occupiers Liability; Reasonable Foreseeability ~ Counsel Comments provided by Eric Dolden, Elka Dadmand, and Jill Shore, Counsel for the Respondent City of Burnaby

Metro Paving and Roadbuilding Ltd. v. Fortitude Structures Inc., 2020 BCCA 126: Contracts; Work done by a subcontractor out of the contract; Contractual Rate of Interest ~ Counsel Comments provided by Jaime Hall, Counsel for the Appellant

Gautam v. South Coast British Columbia Transportation Authority, 2020 BCCA 135: Injurious Affection; Expropriation Act; Limitation Periods

The Owners, Strata Plan NW 2575 v. Booth, 2020 BCCA 153: Judicial Review; Civil Resolution Tribunal; Legal Representation at the Civil Resolution Tribunal

Trenchard v. Westsea Construction Ltd., 2020 BCCA 152: Contracts; Standard of Review for Interpretations of Contracts ~ Counsel Comments provided by Mark Stacy and Claire Immega, Counsel for the Respondent

Summarized Cases:

Casavant v. British Columbia (Labour Relations Board), 2020 BCCA 159: Labour Arbitrations; Jurisdiction of a Labour Arbitrator; Police Act

Nicholl v. Nicholl, 2020 BCCA 173: Setting Aside Spousal Support Agreements; The Test from Miglin v. Miglin

Routkovskaia v. Gibson, 2020 BCCA 189: Family Law Act; “Interim Orders” vs “Final Orders” in the Family Law Act; Appeals from Provincial Court Family Orders ~ Counsel Comments provided byPeter Mennie, Counsel for the Appellant

Ewert v. Höegh Autoliners AS, 2020 BCCA 181: The Tort of Conspiracy; Place of the Tort; Territorial Competence; Real and Substantial Connection ~ Counsel Comments provided by Reidar Mogerman, Q.C., Rebecca Coad, and David Jones, Counsel for the Respondent Darren Ewert

Bergler v. Odenthal, 2020 BCCA 175: Secret Trusts; Intestate Heirs ~ Counsel Comments provided by James W. Zaitsoff, Counsel for the Respondent

Summarized Cases:

Crook v. British Columbia (Director of Child, Family and Community Service), 2020 BCCA 192: Administrative Law; Ministry of Children and Family Development; Child, Family and Community Service Act, RSBC 1996, c 46 ~ Counsel Comments provided by Malcolm Funt, Counsel for the Appellant; Counsel Comments provided by Geoffrey Trotter, Counsel for the Intervenor

Collins Family Trust v. Canada (Attorney General), 2020 BCCA 196: Income Tax Act; Tax Planning; Equitable Rescission

Este v. Esteghamat-Ardakani, 2020 BCCA 202: Mandatory Interlocutory Injunctions; Preservation of Property; Rule 10-1; Orders to “Cooperate” in Construction of Property

Diaz-Rodriguez v. British Columbia (Police Complaint Commissioner), 2020 BCCA 221: Police Complaint Commissioner; Stays of Administrative Proceedings on the Basis of Delay

Oei v. Hui, 2020 BCCA 214: The Tort of Abuse of Process; “A Collateral and Improper Purpose”; Whether an “Overt
Act” Required

Summarized Cases:

College of Midwives of British Columbia v. MaryMoon, 2020 BCCA 224: Health Professions Act, R.S.B.C. 1996, c. 183; Free Expression; Reserved Titles

Smithe Residences Ltd. v. 4 Corners Properties Ltd., 2020 BCCA 227: Civil Rule 6-2(7); Adding New Parties and Claims to an Existing Proceeding Despite the Expiration of a Limitation Period

Council of Canadians with Disabilities v. British Columbia (Attorney General), 2020 BCCA 241: Charter of Rights and Freedoms; Public Interest Standing

Canex Investment Corporation v. 0799701 B.C. Ltd., 2020 BCCA 231: Business Corporations Act; Oppression Remedy; Punitive Damages

Tucci v. Peoples Trust Company, 2020 BCCA 246: Class Proceedings; Personal Information Protection and Electronic Documents Act; Tort of Invasion of Privacy or Intrusion Upon Seclusion

Summarized Cases:

R. v. Pawar, 2020 BCCA 251: Criminal Law; The Charter of Rights and Freedoms; Excluding Evidence

Quinton v. Kehler, 2020 BCCA 254: Child Support; Guidelines Income; Income From Professional Corporations

Phillips v. Saunders, 2020 BCCA 265: Spousal Support; Declining Income; Income Averaging

Trans Mountain Pipeline ULC v. Mivasair, 2020 BCCA 255: Criminal Contempt; Defence of Necessity; Air of Reality Test

R. v. Edwards, 2020 BCCA 253: “Hit and Run” Criminal Charge; Wilful Blindness; Recklessness ~ Counsel Comments provided by Sarah Runyon, Counsel for the Appellant

Summarized Cases:

Nagy v. BCAA Insurance Corporation, 2020 BCCA 270: Insurance Law; Omissions and Misrepresentations; The Rule from Browne v. Dunn

Hydro Aluminium Rolled Products GMBh v. MFC Bancorp Ltd., 2020 BCCA 295: Jurisdiction; Territorial Competence; The Court Jurisdiction and Proceedings Transfer Act ~ Counsel Comments provided by Ross McGowan, Counsel for the Appellant

Goldman v. Fraser Valley Aboriginal Children and Family Services, 2020 BCCA 300: Employment Law; Labour Law

R. v. Williams, 2020 BCCA 286:Criminal Law; Sentencing; Sexual Interference with Minors; R. v. Friesen

Nolin v. Ramirez, 2020 BCCA 274: Family Law; Family Arbitrations; Standard of Review

Summarized Cases:

Kaur v. Bajwa, 2020 BCCA 310: Anticipatory Repudiation; Breach of Contract

Holland v. British Columbia (Attorney General), 2020 BCCA 304: Private Prosecutions; Vexatious Litigant Orders; Federal and Provincial Jurisdiction ~ Counsel Comments provided by Scott Wright, Counsel appearing as Amicus Curiae

Thomas v. Foskett, 2020 BCCA 322: Personal Injury; Instructions to Juries; Inconsistent Jury Awards ~ Counsel Comments provided by Tony Leoni, Counsel for the Appellant, Renee Thomas

R. v. McKibbin, 2020 BCCA 337: Criminal Sentencing; COVID-19; New “After the Fact” Evidence ~ Counsel Comments provided by Cathryn Moore and Joel Whysall, Counsel for the Appellant

King Day Holdings Ltd. v. The Owners, Strata Plan LMS3851, 2020 BCCA 342: Strata Law; “Significantly Unfair” Strata Action; Reasonable Expectations