2016 – BC


BC Take Five January 2016 cover Summarized Cases:


Hugh’s Contracting Ltd. v. Stevens, 2015 BCCA 491: Contracts; Fire Damage; Extra Work; Quantum meruit ~ Counsel Comments provided by Andrew Bird, Counsel for the Respondent
MacCarthy v. MacCarthy, 2015 BCCA 496: Family Law; Child Support; Spousal Support; Arrears ~ Counsel Comments provided by Douglas King, Counsel for the Respondent                                       Morin v. 0865580 B.C. Ltd., 2015 BCCA 502: Procedure; Suitability of Summary Trial; Evidence                                                                        Low v. Pfizer Canada Inc., 2015 BCCA 506: Class Actions; Unjust Enrichment; Unlawful Interference with Economic Relations; Patents Sullivan v. Struck, 2015 BCCA 521: Family Law; Child Support; Biological Children


BC Take Five February 2016 cover Summarized Cases:

Nathanson, Schachter & Thompson LLP v. Boss Power Corp., 2016 BCCA 1: Legal Profession Act; Review of Lawyers’ Accounts; Limitation Period; Champerty                                                                    Ma v. Nutriview Systems Inc., 2016 BCCA 4: Contracts; Fraudulent Misrepresentation; Fresh Evidence; Witness Credibility ~ Counsel Comments provided by Nathan S. Ganapathi, Counsel for the Plaintiff/Respondent
Boekhoff v. Boekhoff, 2016 BCCA 33: Family Law; Spousal Support; Arrears; Material Change in Circumstances ~ Counsel Comments provided by Mark R. Slay and Ludmila Marenco, Counsel for the Respondent
Jacobs v. Yehia, 2016 BCCA 38: Loans; Promissory Notes; Unjust Enrichment; Equity Interest                                                                   Sobeys West Inc. v. College of Pharmacists of British Columbia, 2016 BCCA 41: Self-Governing Professions; Bylaws; Judicial Review; Standard of Review


BC Take Five March 2016 cover Summarized Cases:

Warde v. Slatter Holdings Ltd., 2016 BCCA 63: Chambers; Solicitor-Client Privilege; Contempt; Disposal of Funds ~ Counsel Comments provided by Heidi Taylor and Doug Flannigan, Counsel for the Appellant
Kish v. Sobchak Estate, 2016 BCCA 65: Wills and Estates; Standard of Review; Summary Trial; Wills Variation Act ~ Counsel Comments provided by Courtney AuBuchon, Counsel for the Appellants
Assessor of Area #01 – Capital v. Nav Canada, 2016 BCCA 71: Municipal Law; Property Tax; Use of Land; Air Navigation Services ~ Counsel Comments provided by Peter Klassen, Counsel for the Appellants/Respondents, Assessors
Williamson v. Williamson, 2016 BCCA 87: Family Law; Counseling; Custody; Alienation of Children                                                                  District of West Vancouver (Corporation of) v. Liu, 2016 BCCA 96: Municipal Law; Property Law; Encroachments; Road Allowance


BC Take Five April 2016 cover Summarized Cases:

Berthin v. Berthin, 2016 BCCA 104: Family Law; Separation Agreement; Enforceability; Repudiation
Mowatt v. British Columbia (Attorney General), 2016 BCCA 113: Property Law; Squatter’s Rights; Adverse Possession                      Consbec Inc. v. Walker, 2016 BCCA 114: Employment Law; Fiduciary; Evidence; Witness Credibility ~ Counsel Comments provided by Mike Preston, Counsel for the Respondents
Matteucci v. Greenberg, 2016 BCCA 116: Family Law; Spousal Support; Vested Rights; Application of Family Law Act ~ Counsel Comments provided by Nassim Nasser, Counsel for the Appellant
Do v. Nichols, 2016 BCCA 128: Property Law; Contract Law; Mortgages; Foreclosure; Unconscionable Terms ~ Counsel Comments provided by Jaspreet Malik, Counsel for the Appellant


BC Take Five May 2016 cover Summarized Cases:

Schrenk v. British Columbia (Human Rights Tribunal), 2016 BCCA 146: Human Rights; Employment; Derogatory Statements; “Condition of Employment” ~ Counsel Comments provided by Edmund Caissie, Counsel for Schrenk
Parrett v. Parrett, 2016 BCCA 151: Family Law; Division of Property; Pensions; Annuities; Judges Act
Da’naxda’xw/Awaetlala First Nation v. British Columbia (Energy, Mines and Natural Gas), 2016 BCCA 163: First Nations; Natural Resources; Government Representations; Judicial Review                   Daum v. Clapci, 2016 BCCA 176: Trusts; Corporations; Commercial Property; Shareholders; Evidence ~ Counsel Comments provided by John Shewfelt, Counsel for the Respondent
Scott v. College of Massage Therapists of British Columbia, 2016 BCCA 180: Self-Regulating Professions; Health Professions Act; Extraordinary Actions ~ Counsel Comments provided by Nitya Iyer, Counsel for the Intervenor, College of Physicians & Surgeons of British Columbia


BC Take Five June 2016 cover Summarized Cases:

Jaguar Financial Corporation v. Alternative Earth Resources Inc., 2016 BCCA 193: Corporations; Oppression; Disclosable Interest; Mineral Exploration ~ Counsel Comments provided by Hein Poulus, Q.C., and Joseph Ensom, Counsel for the Respondent, Alternative Earth Resources Inc.
Cowper-Smith v. Morgan, 2016 BCCA 200: Wills and Estates; Presumption of Undue Influence; Proprietary Estoppel ~ Counsel Comments provided by Heather Fisher, Counsel for the Respondent, and Counsel Comments on the Proprietary Estoppel Portion of the Decision provided by Claire Hunter and Eileen Patel, Counsel for the Appellant
McConachie v. British Columbia (Superintendent of Motor Vehicles), 2016 BCCA 205: Intoxicated Driving; Immediate Roadside Prohibition; Standard of Review ~  Counsel Comments provided by Kyla Lee, Counsel for the Respondent
Dunbar v. Mendez, 2016 BCCA 211: Personal Injury; Motor Vehicle Accident; Loss of Future Earning Capacity ~  Counsel Comments provided by Mary-Helen Wright, Counsel for the Appellants
International Longshore & Warehouse Union Local 502 v. Ford, 2016 BCCA 226: Fraud; Theft; Money Had and Received; Joint Accounts ~ Counsel Comments provided by Arpal Dosanjh and Kyle Ferguson, Counsel for the Respondent



BC Take Five July 2016 cover Summarized Cases:

Integris Credit Union v. Mercedes-Benz Financial Services Canada Corporation, 2016 BCCA 231: Creditors; Priority; Interpretation of General Security Agreement; Definition of “Property” ~ Counsel Comments provided by Gordon Plottel , Counsel for the Appellant, Mercedes-Benz Financial Services Canada
Xie v. Yuan, 2016 BCCA 238: Family Law; Division of Property; Matrimonial Home; Family Relations Act
University of British Columbia v. Kelly, 2016 BCCA 271: Employment; Human Rights Complaint; Duty to Accommodate; Quantum of Damages
British Columbia Teachers’ Federation v. British Columbia Public School Employers’ Association (No. 2), 2016 BCCA 273: Labour Law; Arbitration; Grievances; Standard of Review                                       Grewal v. Singleton Urquhart LLP, 2016 BCCA 289: Legal Profession Act; Interpreting Retainers; Interim or Final Accounts; Limitation Period



BC Take Five August 2016 cover Summarized Cases:

Monster Energy Company v. Craig, 2016 BCCA 290: Request for Evidence; Deposition and Cross-Examination; Journalistic Privilege
Contracts;                                                                                               Badesha v. Aujla, 2016 BCCA 294: Real Property; Failure to Complete; Nemo dat quod non habet
Sandhu v. HSBC Finance Mortgages Inc., 2016 BCCA 301: Class Proceedings; Pleadings; Offer to Settle; Representative Plaintiffs ~ Counsel Comments provided by Bruce Lemer, Counsel for the Respondents                                                                                    Borgfjord v. Boizard, 2016 BCCA 317: Torts; Standard of Care; Motor Vehicle Act                                                                                                   B.P.E. v. A.E., 2016 BCCA 335: Family Law; Child Support; Interim Support Orders; Federal Child Support Guidelines ~ Counsel Comments provided by Megan Ellis, Q.C., Counsel for the Appellant


BC Take Five September 2016 cover Summarized Cases:

Ocean Park Ford Sales Ltd. v. Insurance Corporation of British Columbia, 2016 BCCA 337: Insurance Law; Motor Vehicles; Leasing; Definition of “Owner” ~ Counsel Comments provided by Guy Brown, Q.C. and Joel Morris, Counsel for the Appellant Insurance Corporation of British Columbia
Purtzki v. Saunders, 2016 BCCA 344: Family Law; Family Assets; Trusts; Child Support; Spousal Support
BNSF Railway Company v. Teck Metals Ltd., 2016 BCCA 350: Equitable Remedies; Restitution; Constructive Trust; Limitation Act Lloyd’s Underwriters v. Blue Mountain Log Sales Ltd., 2016 BCCA 352: Insurance Law; Litigation; Pre-Tender Defence Costs ~ Counsel Comments provided by Paul Dawson, Counsel for the Appellant
Lucyshyn v. Morrey, 2016 BCCA 357: Family Law; Review of Spousal Support; Statutory Right of Parties; Divorce Act



BC Take Five October 2016 cover Summarized Cases:

British Columbia (Attorney General) v. Andrews, 2016 BCCA 361: Injunctions; Vexatious Litigants; Access to Courts ~ Counsel Comments provided by Lisa Lee, Counsel for the Respondent
McLean v. Law Society of British Columbia, 2016 BCCA 368: Self-Governing Professions; Disciplinary Hearings; Supreme Court Civil Rules
The Owners, Strata Plan LMS 3851 v. Homer Street Development Limited Partnership, 2016 BCCA 371: Real Estate Act; Misrepresentation; Quantum of Damages; Deemed Reliance; Evidence
Animal Welfare International Inc. v. W3 International Media Ltd., 2016 BCCA 372: Contracts; Profit Sharing; Special Costs; Fraud Allegations                                                                                       Tambosso v. Holmes, 2016 BCCA 373: Personal Injury; Motor Vehicle Accident; PTSD; Evidence; Witnesses ~ Counsel Comments provided by Geoff Cowper, Q.C. and Veronica Milne-Medved, Counsel for the Appellant


BC Take Five November 2016 cover Summarized Cases:

Cory v. Cory, 2016 BCCA 409: Summary Trial; Remedies; Unjust Enrichment; Quantum meruit                                                                   MacLachlan v. Nadeau, 2016 BCCA 410: Chambers Practice; Leave to Appeal; Mareva Injunctions                                                                   Wormald v. Chiarot, 2016 BCCA 415: Personal Injury; Motor Vehicle Accidents; Contributory Negligence                                                     Villing v. Husseni, 2016 BCCA 422: Motor Vehicle Accidents; Quantum; Loss of Future Earning Capacity; Non-Pecuniary Damages ~ Counsel Comments provided by Tim Delaney, Counsel for the Respondent
Trinity Western University v. The Law Society of British Columbia, 2016 BCCA 423: Self-Governing Professions; Judicial Review; Law Society; Charter of Rights and Freedoms ~ Counsel Comments provided by Karey Brooks, Counsel for the Intervenors, Outlaws UBC, Outlaws UVic, Outlaws TRU, and QMUNITY (the “LGBTQ Coalition”), and Tim Dickson, Counsel for the Intervenors, Canadian Secular Alliance and British Columbia Humanist Association


BC Take Five December 2016 cover Summarized Cases:

Burke v. Watson & Barnard (A Firm), 2016 BCCA 439: Negligence; Duty of Care; Proximity; Cooper v. Hobart; No Reasonable Cause of Action
Chriscan Enterprises Ltd. v. St. Pierre, 2016 BCCA 442: Arbitration; Procedural Matters; Amended Pleadings; Standard of Review
Brugger v. The Trustees of the IWA – Forest Industry Long Term Disability Plan, 2016 BCCA 445: Personal Injury; Long Term Disability; No-Fault Benefits
Terry v. The Owners, Strata Plan NW 309, 2016 BCCA 449: Strata Corporations; Strata Property Act; Notice Requirements; Fines
Soprema Inc. v. Wolrige Mahon LLP, 2016 BCCA 471: Solicitor-Client Privilege; Implied Waiver; State of Mind a Material Issue


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