2012 BC Newsletter

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

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

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

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

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

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

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
Respondent
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

Summarized Cases:

Lines v. British Columbia (Securities Commission), 2012 BCCA 316: Securities Regulation; Offences and Enforcement – with Counsel Comments provided by Gary Snarch, counsel for the Appellant
Yao v. Li, 2012 BCCA 315: Civil Litigation; Family Law ; Leave to Appeal
Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal), 2012 BCCA 313: Human Rights Law; Employment Law; Partnerships
The Owners Strata Plan LMS 2768 v. Jordison, 2012 BCCA 303: Real Property Law; Condominiums; Order for Sale – with Counsel Comments provided by Philip J. Dougan, counsel for the Respondent
Koubi v. Mazda Canada Inc., 2012 BCCA 310: Class Actions; Tort Law; Restitution; Sale of Goods – with Counsel Comments provided by Jim Hansen, counsel for the Respondent

Summarized Cases:

Okanagan Land Development Corporation v. City of Vernon, 2012 BCCA 332: Municipal Law – with Counsel Comments provided by Paul Hildebrand, counsel for the Appellant
Adams Lake Indian Band v. Lieutenant Governor in Council, 2012 BCCA 333: Aboriginal Law; Municipal Law
Fisher Road Holdings Ltd. v. Cowichan Valley (Regional District), 2012 BCCA 338: Municipal Law; Procedural Fairness – with Counsel Comments provided by L. John Alexander, counsel for the Appellant
Communications, Energy & Paperworkers’ Union of Canada (Local 298) v. Eurocan Pulp & Paper Co., 2012 BCCA 354: Employment Law; Administrative Tribunals
MacNeil v. British Columbia (Superintendent of Motor Vehicles), 2012 BCCA 360: Administrative Tribunals; Motor Vehicles

Summarized Cases:

Friedland (Re), 2012 BCCA 381: Bankruptcy; Secured Creditors; Limitation Periods – with Counsel Comments provided by Scott A. Turner, counsel for the Respondent
Neskonlith Indian Band v. Salmon Arm (City), 2012 BCCA 379: Aboriginal Law; Municipal Law; Consultation – with Counsel Comments provided by Reece Harding, counsel for the Respondent, and by Mark G. Underhill and Nicole Schabus, counsel for the Appellant
Greg Dowling Architexts Inc. v. J. Raymond Griffin Architect Inc., 2012 BCCA 366: Arbitration; Partnership Law; – with Counsel Comments provided by Morgan L. Camley, counsel for the Respondents
Right Business Limited v. Affluent Public Limited, 2012 BCCA 375: International Law; Creditors; Trusts – with Counsel Comments provided by Herman Van Ommen, counsel for the Appellant
Yu v. Jordan, 2012 BCCA 367: Family Law; Custody and Access; Orders – with Counsel Comments provided by Mark Perry and Jessica England, counsel for the Respondent, and by Megan Ellis, Q.C. counsel for the Appellant

Summarized Cases:

Fédération des parents francophones de Columbie-Britannique v. British Columbia (Attorney General),
2012 BCCA 422: Civil Procedure; Associations; Public Interest Standing – with Counsel Comments provided by Rob Grant, Mark Power and Lauren Wihak, Counsel for the Appellant
Reference re Election Act (BC), 2012 BCCA 394: Constitutional Law; Freedom of Expression; Elections – with Counsel Comments provided by Robert D. Holmes, QC, Counsel for the Counsel for the Intervenor, and by Lauren Wihak, Counsel for Gloria Laurence, and by Catherine Boies Parker, Counsel for the Amicus Curiae
TELUS Corporation v. Mason Capital Management LLC, 2012 BCCA 403: Corporate Law; Meetings of Shareholders; Notice – with Counsel Comments provided by Gordon R. Johnson, counsel for the Appellant
Downs Construction Ltd. v. Workers’ Compensation Appeal Tribunal, 2012 BCCA 392: Workers’ Compensation; Psychological Injuries; Compensability of Injuries – with Counsel Comments provided by Leslie A. Slater, counsel for the Appellant, and by Misty N. Hillard, counsel for the Respondent
Shanahan v. Turning Point Restaurant Ltd., 2012 BCCA 411: Punitive Damages; Real Property; Leasing

Summarized Cases:

Halalt First Nation v. British Columbia, 2012 BCCA 472: Aboriginal Law; Consultation and Accommodation; Environmental Assessments – with Counsel Comments provided by Gregg Cockrill, Counsel for the Appellant, District of North Cowichan, and by Paul Yearwood, Counsel for the Appellant, Minister of Environment and Minister of Community Development
Pratten v. British Columbia (Attorney General), 2012 BCCA 480: Constitutional Law; Life, Liberty and Security of the Person; Equality Rights; Affirmative Action; Adoption
Poole v. Lombard General Insurance Company of Canada, 2012 BCCA 434: Insurance Law; Professional Liability; Scope of Coverage; Interpretation
Terasen Gas Inc. v. Utzig Holdings (B.C.) Ltd., 2012 BCCA 444: Real Property; Statutory Rights of Way; Agreements for Sale
Friedmann v. MacGarvie, 2012 BCCA 445: Human Rights Law; Discrimination; Harassment; Residential Tenancies – with Counsel Comments provided by Lindsay Waddell, Counsel for the Appellant