2014 BC Newsletter

Summarized Cases:

Pageant Media Ltd. v. Piche, 2013 BCCA 537: Corporate Law; Contracts; Personal Liability of Corporate Principal
Caster v. Walter F. Evans (1973) Ltd., 2013 BCCA 529: Human Rights; Administrative Law; Judicial Review; Natural Justice; Fairness; Evidence
Mide-Wilson v. Hungerford, Tomyn Lawreson and Nichols, 2013 BCCA 559: Legal Profession; Contingency Fee Agreements; Reasonableness of Agreement; Reasonableness of Fee
McLeod v. McLeod, 2013 BCCA 552: Family Law; Child Support Jordan v. Lowe, 2013 BCCA 520: Motor Vehicles; Insurance ~ Counsel Comments provided by John Cameron, Counsel for the Respondent

Summarized Cases:

Slater Vecchio LLP v. Cashman, 2014 BCCA 6: Legal Profession; Retainer; Entire Contract ~ Counsel Comments provided by Geoff Cowper, Q.C. and Andrew Nathanson, Counsel for the Appellant
Henry v. Canada (Attorney General), 2014 BCCA 30: Charter of Rights; Elections; Right to Vote ~ Counsel Comments provided by Mark Oulton & Brent Olthuis, Counsel for the Appellants, and, by Matthew Good, Counsel for the Intervenor B.C. Liberties Association
Ferrari v. University of British Columbia, 2014 BCCA 18: Arbitration; Employment Law ~ Counsel Comments provided by Michael Korbin, Counsel for the Respondent, and, by Allan Black, Q.C., Counsel for the Intervenor, Association of Administrative and Professional Staff
Reliable Mortgages Investment Corp. v. Chan, 2014 BCCA: Mortgages; Foreclosure; Conversion; Estoppel Powell v. Levesque, 2014 BCCA 33: Family law; Maintenance; Variation ~ Counsel Comments provided by Nichola J.W. Reid, counsel for the Appellant

Summarized Cases:

Wakelam v. Johnson & Johnson, 2014 BCCA 36: Class Actions; Consumer Protection; Trade Practices ~ Counsel Comments provided by David Kent and Jamieson Virgin, Counsel for the Appellant Novartis Consumer Health Canada Inc./Novartis Sante Familiale Canada Inc.
Endean v. British Columbia, 2014 BCCA 61 (CLE # 55169): Jurisdiction of Courts
Lightle v. Kotar, 2014 BCCA 69: Family Law; Division of Family Assets ~ Counsel Comments provided by Lorne MacLean, Q.C., Counsel for the Appellant
One West Holdings Ltd. v. Greata Ranch Holdings Corp., 2014 BCCA 67: Contracts; Arbitration ~ Counsel Comments provided by Geoffrey Gomery, Q.C., Counsel for the Appellants
K.D. v. N.D., 2014 BCCA 70: Family Law; Maintenance; Variation
Commission scolaire francophone du Yukon no. 23 v. Yukon (Procureur generale), 2014 YKCA 4: Judges; Disqualification; Bias

Summarized Cases:

Sivia v. British Columbia (Superintendent of Motor Vehicles), 2014 BCCA 79: Motor Vehicles; Legislation; Constitutional Law; Charter of Rights ~  Counsel Comments provided by Shea Coulson, Counsel for the Appellant, Sivia
Rhebergen v. Creston Veterinary Clinic Ltd., 2014 BCCA 97: Employment Law; Non-Competition ~ Counsel Comments provided by Steve Haakonson, Counsel for the Appellant
KBA Canada, Inc. v. Supreme Graphics Limited, 2014 BCCA 117: Personal Property Security; Equity; Unjust Enrichment ~ Counsel Comments provided by Gordon Plottel, Counsel for the Respondent CIT Financial Ltd.
Woo v. Onni Ioco Road Five Development Limited Partnership, 2014 BCCA 76: Sale of Land; Developers; Duty of Disclosure; Real Estate Development Marketing Act ~ Counsel Comments provided by Paul Brackstone, Counsel for the Appellants, and, by Jeremy Shragge, Counsel for the Respondent
First Majestic Silver Corp. v. Santos, 2014 BCCA 115: Civil Procedure; Security for Costs; Dismissal of Appeal on Basis of Abandonment ~ Counsel Comments provided by David Church, Q.C., Counsel for the Appellants

Summarized Cases:

Weintz v. Weintz, 2014 BCCA 118: Family Law; Divorce; Division of Assets; Family Company ~  Counsel Comments provided by John Fairburn, Counsel for the Appellant 
Roberts v. E. Sands & Associates Inc., 2014 BCCA 122: Procedural Law; Limitation Periods; Discoverability ~ Counsel Comments provided by John Shewfelt, Counsel for the Appellant 
British Columbia Birth Registration No. 2004-59-020158 (Re), 2014 BCCA 137: Family Law; Adoption; Best Interests of the Child; Separation Agreements                                                                        Wang v. British Columbia Medical Association, 2014 BCCA 162: Tort Law; Defamation; Self-Governing Professions; Qualified Privilege Niedermeyer v. Charlton, 2014 BCCA 165: Tort; Negligence; Waiver of Liability; Public Policy ~ Counsel Comments provided by Wes Mussio, Counsel for the Appellant 

Summarized Cases:

Bentley v. The Police Complaint Commissioner, 2014 BCCA 181: Administrative Tribunals; Police Officers; Statutory Interpretation; Investigation of Complaints
Lake Country (District) v. Kelowna Ogopogo Radio Controllers Association, 2014 BCCA 189: Municipal Law; Zoning Regulations; Statutory Interpretation; Secondary Land Use; Special Cases
Bodine-Shah v. Shah, 2014 BCCA 191: Family Law; Custody and Access; Division of Property; Maintenance and Support ~ Counsel Comments provided by Georgialee Lang, Counsel for the Respondent
Hughes v. Hughes, 2014 BCCA 196: Family Law; Child Support; Contempt of Court; Change in Circumstances ~ Counsel Comments provided by Wesley Shields, Counsel for the Respondent
Wilson v. British Columbia (Superintendent of Motor Vehicles), 2014 BCCA 202: Administrative Law; Standard of Reasonableness; Police Powers; Approved Screening Device ~ Counsel Comments provided by Micah B. Rankin, Counsel for the Respondent 

Summarized Cases:

Sociedade-de-fomento Industrial Private Limited v. Pakistan Steel Mills Corporation (Private) Limited, 2014 BCCA 205: International Law; Mareva Injunctions; Enforcement of Foreign Arbitral Awards ~ Counsel Comments provided by Matthew Latella, Counsel for the Appellant
Dhillon v. Jaffer, 2014 BCCA 215: Solicitor’s Negligence; Fraud; Damages for Mental Distress; Jus Tertii
British Columbia (Ministry of Public Safety and Solicitor General) v. Mzite, 2014 BCCA 220: Administrative Law; Human Rights; Systemic Discrimination
JEKE Enterprises Ltd. v. Philip K. Matkin Professional Corp., 2014 BCCA 227: Procedural Law; Chambers; Special Cases ~ Counsel Comments provided by L. John Alexander and Lindsay LeBlanc, Counsel for the Appellant
Gichuru v. British Columbia (Information and Privacy Commissioner), 2014 BCCA 259: Litigation Privilege; Solicitor-Client Privilege; Privacy Commissioner

Summarized Cases:

Ormiston v. Insurance Corporation of British Columbia, 2014 BCCA 276: Insurance Law; Personal Injury; Apportionment of Liability ~ Counsel Comments provided by Sean Finn, Counsel for the Appellants
G.M.W. v. D.P.W., 2014 BCCA 282: Family Law; Child Support; Material Change in Circumstances; Retroactive Reduction ~ Counsel Comments provided by Angela Dunn, Counsel for the Appellant
Miles v. Vince, 2014 BCCA 289: Trusts; Conflict of Interest; Prudent Investor Standard ~ Counsel Comments provided by David Sutherland, Counsel for the Appellant
Insurance Corporation of British Columbia v. Stainton Ventures Ltd., 2014 BCCA 296: Intellectual Property Law; Official Marks; Passing-Off ~ Counsel Comments provided by Karen MacDonald, and by provided by Wes Mussio, Counsel for the Respondent 
Agar v. Weber, 2014 BCCA 297: Torts; Personal Injury; Occupiers Liability

Summarized Cases:

Tarr Estate v. Tarr, 2014 BCCA 315: Estate Law; Survivor Pension Benefits; Waiver – Counsel Comments provided by Douglas M. King, Counsel for the Appellant
Jendruck v. Jendruck, 2014 BCCA 320: Family Law; Spousal Support; Imputed Earnings
Director of Civil Forfeiture v. Hells Angels Motorcycle Corporation, 2014 BCCA 330: Civil Forfeiture; Criminal Procedure; Jurisdiction of the Court
Robertson v. British Columbia (Teachers Act, Commissioner), 2014 BCCA 331: Procedural Law; Abuse of Process; Administrative Law; Standard of Review
Paldi Khalsa Diwan Society v. Cowichan Valley (Regional District), 2014 BCCA 335: Municipal Law; Zoning; Non-Commercial Uses ~ Counsel Comments provided by Alyssa Bradley, Counsel for the Respondent, Cowichan Valley Regional District

Summarized Cases:

Bonus Case Summary from the Supreme Court of Canada: Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2014 SCC 59: Constitutional Law; Access to Justice; Court Hearing Fees ~ Counsel Comments provided by J. Gareth Morley, Co-Counsel for the Attorney General of British Columbia at the Supreme Court of Canada. All views expressed in this comment are solely those of the author and do not represent the views of the Attorney General of British Columbia, and, Counsel Comments by Kasari Govender, Counsel for the Intervener the West Coast Women’s Legal Education and Action Fund                                                       Maxwell v. British Columbia, 2014 BCCA 339: Employment Law; Severance Rights; Employment Contract ~ Counsel Comments provided by Blair Curtis, Counsel for the Respondent
British Columbia Hydro and Power Authority v. Workers’ Compensation Board of British Columbia, 2014 BCCA 353: Administrative Law; Worker’s Compensation; Standard of Reasonableness
Lorintt v. Boda, 2014 BCCA 354: Estate Law; Joint Tenancy: Undue Influence
Sabey v. Rommel, 2014 BCCA 360: Wills; Proprietary Estoppel; Detrimental Reliance Marlin Investments Inc. v. Moldovan, 2014 BCCA 364: Negligence; Investments; Knowledge of Client ~ Counsel Comments provided by Robert Breivik, Co-counsel for the Appellant, and, by provided by David Mitchell, Counsel for the Respondents

Summarized Cases:

Korol (Re), 2014 BCCA 380: Family Law; Certificate of Pending Litigation; Appointment of Committee ~ Counsel Comments provided by Kerry Deane-Cloutier, Counsel for the Respondent McKenzie v. McKenzie, 2014 BCCA 381: Family Law; Spousal Support; Family Assets~ Counsel Comments provided by Nichola Reid and Robert Gill, Counsel for the Appellant
Lee v. Lee, 2014 BCCA 383: Family Law; Spousal Support; Reapportionment of Family Assets ~ Counsel Comments provided by Tina Mihoc, Counsel for the Respondent
Youyi Group Holdings (Canada) Ltd. v. Brentwood Lanes Canada Ltd., 2014 BCCA 388: Property Law; Specific Performance; Lis Pendens; Damages ~ Counsel Comments provided by Barry Fraser, Counsel for the Respondents
Nowak v. Nowak, 2014 BCCA 409: Family Law; Family Assets; Reapportionment

Summarized Cases:

Roy v. Kretschmer, 2014 BCCA 429: Property Law; Tort Law; Purchase and Sale Agreement; Deceit ~ Counsel Comments provided by Grant Hardwick, Counsel for the Respondents
Stroszyn v. Mitsui Sumitomo Insurance Company Limited, 2014 BCCA 431: Personal Injury Law; Insurance Law; Lessor and Lessee ~ Counsel Comments provided by Larry Munn & Andrew Dixon, Counsel for the Appellant, and, by Donald Yule, QC and Shauna R Gersbach, Counsel for the Respondent, and, by Scott Stanley, Counsel for the Respondent
International Fiduciary Corp., S.A. v. Bryson, 2014 BCCA 433: Investment Law; Ponzi Schemes; Securities Commission Determinations; Costs
M.C.A. Land Development Corp. v. British Columbia (Transportation and Infrastructure), 2014 BCCA 435: Expropriation; Disturbance Damages; Lessors and Lessees                                                                    MacKenzie v. Rogalasky, 2014 BCCA 446: Costs; Pre-Judgment Interest; Disbursements; Out-of-Pocket Interest Payments