2022 BC Newsletter

Summarized Cases:

Alragheb v. Francis, 2021 BCCA 457: Personal Injury; Contributory Negligence; Indivisible Injury; Apportionment of Liability ~ Counsel Comments contributed jointly by Gavin Cameron and Tom Posyniak, Counsel for the Appellant

Mother 1 v. Solus Trust Company Limited, 2021 BCCA 461: Wills and Succession; Marriage-Like Relationship ~ Counsel Comments provided by Ross McLarty, Counsel for the Respondents Child 1 and Child 5, by their Litigation Guardian, the Public Guardian and Trustee; and David Wotherspoon and Emma Irving, Counsel for Respondent Mother 3

FORCOMP Forestry Consulting Ltd. v. British Columbia, 2021 BCCA 465: Pleadings; Application to Strike; Material Facts

Giustra v. Twitter, Inc., 2021 BCCA 466: Defamation; Jurisdiction; Forum non conveniens

British Columbia (Securities Commission) v. Liao, 2021 BCCA 470: Securities; Admissions; Evidence; Procedural Fairness ~ Counsel Comments contributed jointly by Lisa Ridgedale and Farnaz Karimi, Counsel for the Appellant

Summarized Cases:

Sutter Hill Management Corporation v. Mpire Capital Corporation, 2022 BCCA 13: Contract; Contractual interpretation; Agency ~ Counsel Comments by Jaime Hall, Counsel for the Appellants

Concord Pacific Acquisitions Inc. v. Oei, 2022 BCCA 16: Contracts; Essential Terms ~ Counsel Comments provided by Geoff R. Hall and Connor Bildfell, Counsel for Concord Pacific Acquisitions Inc.

Brown Bros. Motor Lease Canada Ltd. v. Workers’ Compensation Appeal Tribunal, 2022 BCCA 20: Judicial Review; Workers’ Compensation; “Workers”; Statutory Interpretation

Teal Cedar Products Ltd. v. Rainforest Flying Squad, 2022 BCCA 26: Injunctions; “Enforcement Gap” ~ Counsel Comments provided by Diane I. Turner, Q.C., and Steve M. Kelliher, Counsel for the Respondent, Robert Arbess; and by Charlotte Chamberlain and Malcolm Funt, Counsel for the Respondents, Kathleen Code, Carole Toothill and William Jones

Bowe v. Bowe, 2022 BCCA 35: Motor Vehicle Accidents; Personal Injury; Vicarious Liability; Secondary Agency

Summarized Cases:

Baring v. Grewal, 2022 BCCA 42: Specific Performance; Civil Conspiracy; Breach of Contract; Insufficient Evidence ~ Counsel Comments by Robert J. Ellis and Jessie J. Skinnider, Counsel for the Respondents

Pirani v. Pirani, 2022 BCCA 65: Trusts; Breach of Trust; Breach of Fiduciary Duties; Conflict of Interest

0694841 B.C. Ltd. v. Alara Environmental Health and Safety Limited, 2022 BCCA 67: Purchase and Sale Agreements; Limitation of Liability Clauses; Reasonable Reliance ~ Counsel Comments by Christopher Hirst and Menka Sull, Counsel for the Respondent

Banh v. Chrysler, 2022 BCCA 74: Family Law; Property Division; Date of Valuation

Cepuran v. Carlton, 2022 BCCA 76: Patients Property Act; Medical Assessments; Parens patriae; Converting Petitions to Actions ~ Counsel Comments by Duncan Magnus, Counsel for the Appellant
~ Counsel Comments by Emily Clough and Polly Storey, Counsel for the Respondent Sheri Cepuran

Summarized Cases:

Johnson v. British Columbia (Attorney General), 2022 BCCA 82: Charter Damages; Application to Strike; Alternative Remedies; Fiduciary Duty ~ Counsel Comments by Andrew D. Gay, Q.C. and Natasha John, Counsel for the Respondent and Cross-Appellant, Her Majesty the Queen in Right of the Province of British Columbia

Drennan v. Smith, 2022 BCCA 86: Want of Prosecution; Delay; Prejudice ~ Counsel Comments by Menka Sull, Counsel for the Appellant

Tellini v. Bell Alliance, 2022 BCCA 106: Real Estate; Foreign Buyer’s Tax; Negligence; Causation

Main Acquisitions Consultants Inc. v. Prior Properties Inc., 2022 BCCA 102: Chambers Practice; Functus officio; Reconsideration; Party of Record ~ Counsel Comments by Simon Lin, Counsel for the Appellant

Steinlauf v. Deol, 2022 BCCA 96: Motor Vehicle Accident; Apportionment of Liability; Loss of Future Earning ~ Counsel Comments by Mike Huot, Counsel for the Respondent

Summarized Cases:

Steelhead LNG Limited Partnership v. Arc Resources Ltd., 2022 BCCA 128: Civil Procedure; Particulars ~ Counsel Comments by Hein Poulus, Q.C. and Erin Kotz, Counsel for the Appellant
~ Counsel Comments by Emily Miller and Evan Nuttall, Counsel for the Respondents

Wosnack v. Ficych, 2022 BCCA 139: Wills and Estates; Certificates of Pending Litigation; Land Title Act; Security ~ Counsel Comments by Brian Vickers and Trenton M. Zoobkoff, Counsel for the Appellant
~ Counsel Comments by Duncan Magnus, Counsel for the Respondent Barry Edward

O.C. v. M.V.S.G., 2022 BCCA 140: Family Law; Spousal Support; Reconsideration ~ Counsel Comments by Carla Lewis and Iris Turaglio, Counsel for the Respondent/Appellant on Cross Appeal

Beach Place Ventures Ltd. v. Employment Standards Tribunal,2022 BCCA 147: Employment Standards Act; Employees; Issue Estoppel ~ Counsel Comments by Laurel Courtenay, Counsel for the Respondent Director of Employment Standards

Virk v. Singh, 2022 BCCA 153: Express Trust; Constructive Trust; Unjust Enrichment ~ Counsel Comments by Royal Morton, Counsel for the Appellant/Respondent on Cross Appeal
~ Counsel Comments by Jeff Scouten, Counsel for the Respondent/Appellant on Cross Appeal

Summarized Cases:

Trial Lawyers Association of British Columbia v. British Columbia(Attorney General), 2022 BCCA 163: Constitutional Law, Civil Resolution Tribunal Act, Minor Injury Regulation, Personal Injury, Core-Jurisdiction Test

Anthem Crestpoint Tillicum Holdings Ltd v. Hudson’s Bay Company ULC Compagnie de la Baie D’Hudson SRI, 2022 BCCA 166: Civil Practice and Procedure, Real Property, Commercial Leases, Landlord Remedies, Mitigation of Damages, Assignment of Lease, Breach of Contract, Duty of Good Faith Contractual Performance, Repudiation ~ Counsel Comments by Howard Shapray, Q.C., Counsel for the Appellant

Petersen v. Hawley, 2022 BCCA 169: Shareholder Dispute, Civil Procedure, Equity ~ Counsel Comments by Greg Palm and Cole Rodocker, Counsel for the Appellant
~ Counsel Comments by Jordanna Cytrynbaum and Jessica Lewis, Counsel for the Respondent, Kelly Petersen

Nguyen v. Canam Active Enterprises Inc., 2022 BCCA 174: Limitation Act, Ministerial Order No. M086, Emergency Program Act, COVID-19 Related Measures Act, Summary Judgment

Ford v. Lin, 2022 BCCA 179: Personal Injury, Civil Procedure, Trial Procedure, Expert Witnesses, Expert Evidence ~ Counsel Comments by John Rice, Q.C., Counsel for the Appellant
~ Counsel Comments by Craig Watson, Counsel for the Respondent

Summarized Cases:

Gauthier v. Gauthier, 2022 BCCA 193: Family Law, Retroactive Child Support, Divorce Act, “Blameworthy Conduct”

British Columbia (Employment Standards) v. Kwok, 2022 BCCA 196: Employment Standards Act, Limitation Periods, Limitation Act, Statutory Interpretation, Presumption of Coherence ~ Counsel Comments by Evan Barchuk, Counsel for the Respondent

Simpson v. Zaste,2022 BCCA 208: Wills and Estates Law, Section 59 Wills Estates and Succession Act, Leave, Rectification

McCormick v. Plambeck, 2022 BCCA 219: Negligence, Social Host Liability, Foreseeability ~ Counsel Comments by Aaron Gubeli and Jim Doyle, Counsel for Stephen Patrick Pearson and Lidia Diana Pearson

Interfor Corporation v. Mackenzie Sawmill Ltd., 2022 BCCA 228: Civil Practice and Procedure, Contracts, Force majeure

Summarized Cases:

Hinz v. Davey, 2022 BCCA 232: Family Law, Retroactive Variation of Support Agreements, Family Law Act, Child Support, Spousal Support ~ Counsel Comments by Fanda Wu, Counsel for the Appellant

0941187 BC Ltd. v. 0927613 BC Ltd., 2022 BCCA 237: Contracts, Corporate and Commercial, Insolvency, Property, Limitation Periods

Century Services Corp v. LeRoy, 2022 BCCA 239: Interest Rates, Loan Agreements, Contracts, Corporate and Commercial, Insolvency, Property ~ Counsel Comments by Andrew Crabtree, Counsel for the Respondent

Redmond v. Wiebe, 2022 BCCA 244: Civil Practice and Procedure, Evidence, Public, Municipal Law, Conflict of Interest ~ Counsel Comments by Wes Mussio, Counsel for the Appellants
~ Counsel Comments by Aurora Faulkner Killam, Counsel for the Respondent

Cambie Surgeries Corporation v. British Columbia (AttorneyGeneral), 2022 BCCA 245: Canadian Charter of Rights and Freedoms, Constitutional Law

Summarized Cases:

Deng v. Zhang,2022 BCCA 271: Family Law, Retroactive Child Support, “Child of the Marriage”, Family Law Act ~ Counsel Comments by John R. Shewfelt, Counsel for the Respondent/Cross-Appellant

Newhouse v. Garland, 2022 BCCA 276: Joint Tenancy, Survivorship, Evidence

AM Gold Inc. v. Kaizen Discovery Inc., 2022 BCCA 284: Civil Practice and Procedure, Environmental Law, Costs, Evidence

Hicks v. Belknap, 2022 BCCA 292: Civil Procedure, Torts, Public Law, Health Law, Causation, Remedies, Expert Witnesses ~ Counsel Comments by Don Renaud, Counsel for the Respondent

Escape 101 Ventures Inc v. March of Dimes Canada, 2022 BCCA 294: Arbitration, Evidence ~ Counsel Comments by David Mulroney and Michael Mulroney, Counsel for the Appellant
~ Counsel Comments by David Wotherspoon and Jasmine Der, Counsel for the Respondent

Summarized Cases:

Parkbridge Lifestyle Communities Inc v. New West Custom Homes(Kelowna) Inc., 2022 BCCA 299: Civil Procedure, Construction Law, Builders Lien Act Insolvency, Contracts, Security for Costs

Hannon v. Hopson, 2022 BCCA 314: Family Law, Property Division, Common Law, Evidence ~ Counsel Comments by Julie Brown, Counsel for the Respondent

McCliggot v. Elliott, 2022 BCCA 315: Personal Injury, Comparative Approach, Non-Pecuniary Damages, Jury Charge ~ Counsel Comments by Karl Hauer, Counsel for the Respondent

Firestar Custom Home Builders Inc. v. 1099000 BC Ltd., 2022BCCA 324: Civil Procedure, Summary Trial, Contracts, Cancellation Clauses, Evidence, Construction ~ Counsel Comments by Micah Goldberg, Counsel for the Appellant
~ Counsel Comments by James Un and Mike Stewart, Counsel for the Respondent

Hague v. Hague, 2022 BCCA 325: Family Law, Spousal Support

Summarized Cases:

Ghag v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union Local 2009, 2022 BCCA 360: Fraudulent Conveyance, Trusts, Limitations, Bankruptcy

Miller v. The Union of British Columbia Performers, 2022 BCCA 358: Human Rights Code, Judicial Review, Procedural Fairness, Standard of Review

He v. Guo, 2022 BCCA 355: Civil Practice and Procedure, Contracts, Family Law, Property Law ~ Counsel Comments by Garry Thomas, Counsel for the Appellant

Stratton v. Richter, 2022 BCCA 337: Property, Strata, Proprietary Estoppel, Easements ~ Counsel Comments by Alex Chang, Counsel for the Appellants Neal Edwin Scott Stratton and Yuriria Raquel Badillo Perez

Talebpourazad v. Bandpey, 2022 BCCA 352: Family Law, Spousal Support, Fresh Evidence, Imputation of Income, Imputation of Foreign Assets, Division of Property, Marriage Agreements

Summarized Cases:

British Columbia v. New Westminster Indian Band No. 566, 2022 BCCA 368: Property Law, Provincial Tax, Tax Liability of Indigenous Persons, Insurance Premium Tax Act, RSBC 1996, c 232, Statutory Interpretation

Dr. Richard Benson Inc v. Lauren Bramley MD Inc.,2022 BCCA 385: Contracts, Unjust Enrichment, Employment

Canada (Attorney General) v. Frazier,2022 BCCA 379: Civil Litigation, Personal Injury, Duty of Care, Explosives Act, Prima facie Case, Negligence Act

1115830 B.C. Ltd. v. Treasure Bay HK Limited,2022 BCCA 380: Civil Practice and Procedure, Corporate Commercial, Common Law Derivative Actions, Conflict of Laws

Yates v. Langley Motor Sport Centre Ltd.,2022 BCCA 398: Employment, Wrongful Dismissal, Punitive Damages