2015 BC Newsletter

Summarized Cases:

TLC The Land Conservancy of British Columbia v. The University of British Columbia, 2014 BCCA 473: Estate Law; Interpretation of Wills; Trusts
Bandic v. Workers’ Compensation Appeal Tribunal, 2014 BCCA 490: Administrative Law; Standard of Review; Workers’ Compensation 18320 Holdings Inc. v. Thibeau, 2014 BCCA 494: Administrative Law; Costs; Standing of Administrative Tribunals on Judicial Review ~ Counsel Comments provided by Karen Horsman, Q.C. and Mark Witten, Counsel for the Appellants, and, by Shea Coulson and Andrew Gay, Counsel for the Respondents
Fraser Health Authority v. Workers’ Compensation Appeal Tribunal, 2014 BCCA 499: Administrative Law; Jurisdiction; Patent Unreasonableness; Workers’ Compensation ~ Counsel Comments provided by Don Crane, Counsel for the Appellants, and, “Our View”, OnPoint Commentary by Melania Cannon, OnPoint Legal Research Law Corporation                                                                                          Kong v. Saunders, 2014 BCCA 508: Limitation Periods; Promissory Notes; Demand Loans

Summarized Cases:

Lam v. University of British Columbia, 2015 BCCA 2: Property Law; Bailment; Class Actions; Sperm Bank                                                       T.K. v. R.J.H.A., 2015 BCCA 8: Family Law; Relocation; Best Interests of the Child ~ Counsel Comments provided by Robert Gill and Jessica Koch, Counsel for the Respondent
Boxer Capital Corporation v. JEL Investments Ltd., 2015 BCCA 24: Commercial Arbitration; Contractual Interpretation; Shotgun Clause; Issue Estoppel                                                                                             Charlton v. Abbott Laboratories, Ltd., 2015 BCCA 26: Torts; Class Action Certification; Causation ~ Counsel Comments provided by Brandon Kain, Counsel for the Appellant Abbott Laboratories, Ltd.
Bea v. The Owners, Strata Plan LMS 2138, 2015 BCCA 31: Contempt of Court; Inherent Jurisdiction; Seizure and Sale of Property ~ Counsel Comments provided by Phil Dougan, Counsel for the Respondent, and, by Kerry Deane-Cloutier, Counsel for the Appellant
Carter v. Canada (Attorney General), 2015 SCC 5: Constitutional Law; Charter of Rights and Freedoms; Assisted Suicide ~ Counsel Comments provided by Joseph Arvay, Q.C., Sheila Tucker, and Alison Latimer, Counsel for the Appellants, and, by Bryant Mackey, Counsel for the Respondent Attorney General of British Columbia. Mr. Mackey is now Associate Counsel at Farris, Vaughan, Wills & Murphy LLP

Summarized Cases:

Raj v. Khosravi, 2015 BCCA 49: Personal injury; Procedure; Litigation privilege; ICBC
Moulton Contracting Ltd. v. British Columbia, 2015 BCCA 89: Contract Law; Implied Terms; Logging; First Nations Blockade ~ Counsel Comments provided by Joel Oliphant and Rhea Wilson, Counsel for the Appellant
Halliday v. Halliday, 2015 BCCA 82: Family Law; Procedure; Time-Barred Application; Family Law Act
Do Process LP v. Infokey Software Inc., 2015 BCCA 52: Solicitor-Client Privilege; Waiver; Mootness ~ Counsel Comments provided by Scott Griffin and Miriam Isman, Counsel for the Appellant Do Process LP, and, by Counsel Comments provided by David Garner, Counsel for the Respondents, Infokey Software Inc. and D. Lounine
Lockyer-Kash v. Workers’ Compensation Board of British Columbia, 2015 BCCA 70: Class Certification; Workers’ Compensation; Retroactive Awards; Interest ~ Counsel Comments provided by Laurel Courtenay, Counsel for the Appellant, and, by by Andrew Schroeder, Counsel for the Respondent

Summarized Cases:

Contech Enterprises Ltd. v. Vegherb, LLC, 2015 BCCA 99: Bankruptcy; Intellectual Property; Personal Property Security Act Sampley v. Sampley, 2015 BCCA 113: Family Law; Parental Abduction; Hague Convention ~ Counsel Comments provided by Georgialee Lang, Counsel for the Appellant, and, by Jamie Lalonde, Counsel for the Respondent (Appellant on Cross-Appeal)
Steel v. Coast Capital Savings Credit Union, 2015 BCCA 127: Employment Law; Wrongful Dismissal; Misconduct
Provincial Court Judges’ Association of British Columbia v. British Columbia (Attorney General), 2015 BCCA 136: Government Law; The Judiciary; Judges’ Salaries                                                                            The Law Society of British Columbia v. Zoraik, 2015 BCCA 137: Professional Governing Bodies; The Law Society; Charter of Rights and Freedoms

Summarized Cases:

Dallas v. Dallas, 2015 BCCA 147: Family Law; Child Support; Imputing Income; Disabled Adult Child Saik’uz First Nation and Stellat’en First Nation v. Rio Tinto Alcan Inc., 2015 BCCA 154: Aboriginal Title; Riparian Rights; Nuisance; Summary Judgment ~ Counsel Comments provided by Greg McDade, Q.C. and Melinda Skeels, Counsel for the Appellants/Respondents on Cross Appeal
BC Freedom of Information and Privacy Association v. British Columbia (Attorney General), 2015 BCCA 172: Charter of Rights and Freedoms; Elections; Sponsors and Advertising ~ Counsel Comments provided by Bruce Elwood, Counsel for the Intervenor British Columbia Civil Liberties Association
Ogden v. Canadian Imperial Bank of Commerce, 2015 BCCA 175: Employment Law; Wrongful Termination; Cumulative Cause; Punitive Damages                                                                                                      British Columbia Teachers’ Federation v. British Columbia, 2015 BCCA 184: Labour Law; Collective Bargaining; Good Faith; Charter of Rights and Freedoms

Summarized Cases:

No Limits Sportswear Inc. v. 0912139 B.C. Ltd., 2015 BCCA 193: Litigation Privilege; Communications; Non-Adversarial Relationship ~ Counsel Comments provided by Bob Cooper, Counsel for the Respondent Gregg Alfonso
JTG Management Services Ltd. v. Bank of Nanjing Co. Ltd., 2015 BCCA 200: Jurisdiction; Forum Non Conveniens; Presumption of Territorial Competence ~ Counsel Comments provided by Andrew Nathanson and Jennifer Francis, Counsel for the Respondent, and, by by Ross McGowan, Counsel for the Appellant
A.A.A.M. v. British Columbia (Children and Family Development), 2015 BCCA 220: Family Law Act; Best Interests of the Child; Guardians ~ Counsel Comments provided by Mary E Mouat, Q.C., Counsel for the Respondent
Community Association of New Yaletown v. Vancouver (City), 2015 BCCA 227: Municipal Law; Procedural Fairness; Zoning; Land Exchange                                                                                                  Reynolds v. M. Sanghera & Sons Trucking Ltd., 2015 BCCA 232: Tort Law; Personal Injury; Past and Future Loss of Earning Capacity; Cost of Care

Summarized Cases:

H.Y. Louie Co. Limited v. Bowick, 2015 BCCA 256: Procedure; Cause of Action Estoppel; Abuse of Process; Res judicata; Merger ~ Counsel Comments provided by Daniel Le Dressay and Tess Acton, Counsel for the Appellant, Lance Bowick doing business as Power Quest Batteries
Precision Plating Ltd. v. Axa Pacific Insurance Company, 2015 BCCA 277: Insurance Law; Duty to Defend; Third Parties
Bergen v. Guliker, 2015 BCCA 283: Tort Law; Duty of Care; Police Officer Duty of Care; Anns/Cooper Analysis
Antrobus v. Antrobus, 2015 BCCA 288: Tort Law; Liability; Sexual Abuse; Evidence                                                                                     Hall v. Quicksilver Resources Canada Inc., 2015 BCCA 291: Employment Law; Factors in Calculating Reasonable Notice; Continuous Employment

Summarized Cases:

Kay v. Law Society of British Columbia, 2015 BCCA 303: Self-Regulating Professions; Law Society; Good Character; Reinstatement
Han v. Park, 2015 BCCA 324: Torts; Motor Vehicle Accident; Jury Instructions; Evidence; Damages
0930032 B.C. Ltd. v. 3 Oaks Dairy Farms Ltd., 2015 BCCA 332: Contracts; ‘Umbrella’ Agreements; Family Farm Business; Promissory Note; Implied Terms
Zoic Studios B.C. Inc. v. Gannon, 2015 BCCA 334: Fiduciary Duty; Implied Obligation of Fidelity; Contract Damages; Equitable Accounting                                                                                         Chartrand v. British Columbia (Forests, Lands and Natural Resource Operations), 2015 BCCA 345: Aboriginal Law; Duty to Consult; Natural Resource Law

Summarized Cases:

Ostrikoff v. Oliveira, 2015 BCCA 351: Motor Vehicle Accident; Loss of Income; Past Loss of Earning Capacity
Fredrickson v. Newtech Dental Laboratory Inc., 2015 BCCA 357: Employment Law; Termination; Offer of Re-Employment; Mitigation of Damages ~ Counsel Comments provided by Timothy D. Goepel, counsel for the Appellant Leah Ann Fredrickson
Tangerine Financial Products Limited Partnership v. The Reeves Family Trust, 2015 BCCA 359: Procedure; Abuse of Process; Trademarks; Passing Off
Watson v. Bank of America Corporation, 2015 BCCA 362: Class Actions; Credit Cards; Comprehensive Statutory Schemes; Torts; Competition Act                                                                                       Cruise Connections Canada v. Szeto, 2015 BCCA 363: Bankruptcy; Judgment Debtors; False Pretences; Deceitful Conduct ~ Counsel Comments provided by Mark Davies, Counsel for the Appellant, Cruise Connections Canada

Summarized Cases:

Simple Pursuits Inc. v. 0842748 B.C. Ltd., 2015 BCCA 382: Procedural Fairness; Natural Justice; Reliance on Counsel’s Affidavit ~ Counsel Comments provided by Alfred Kempf, Counsel for the Respondent
Gatien v. Avini, 2015 BCCA 383: Family Law; Amendment of Pleadings; Reapportionment of Family Assets; Bias
Felix v. Insurance Corporation of British Columbia, 2015 BCCA 394: Insurance; Personal Injury; Chain of Causation; Statutory Interpretation Sunner v. Rana, 2015 BCCA 406: Insurance; Damages; Negative Contingencies; Adequacy of Reasons; Judicial Intervention ~ Counsel Comments provided by Mary-Helen Wright, Counsel for the Appellants
Scott v. Filipovic, 2015 BCCA 409: Property Law; Lease Agreements; Intention of Parties; Fixtures and Chattels

Summarized Cases:

Urban Communications Inc. v. BCNET Networking Society, 2015 BCCA 412: Arbitration; Chambers; Leave to Appeal; Contract Interpretation; Questions of Law ~ Counsel Comments provided by Murray Smith, Counsel for the Respondent
Loft v. Nat, 2015 BCCA 418: Motor Vehicle Accident; Costs; Offer to Settle; Notice of Attachment                                                         Barafield Realty Ltd. v. Just Energy (B.C.) Limited Partnership, 2015 BCCA 421: Privity of Contract; Novation; New Issues on Appeal; Money Had and Received ~ Counsel Comments provided by Jonathan McLean and Joseph Ensom, Counsel for the Appellant
Bassett v. Magee, 2015 BCCA 422: Family Law; Contempt of Court; Professionalism of Lawyers; Relocation Orders ~ Counsel Comments provided by Meenu Ahluwalia and Doris Reimer, Counsel for the Appellant
Palmer v. Palmer, 2015 BCCA 438: Property Law; Estate Law; Certificate of Pending Litigation

Summarized Cases:

0927613 B.C. Ltd. v. 0941187 B.C. Ltd., 2015 BCCA 457: Arbitration; Self-Represented Litigants; Natural Justice
Swiss Reinsurance Company v. Camarin Limited, 2015 BCCA 466: Insurance; Reinsurance; Repudiation of Contract: “Follow the settlements” Clause
Ari v. Insurance Corporation of British Columbia, 2015 BCCA 468: Class Actions; Breach of Privacy; Vicarious Liability                       Robertson v. Dhillon, 2015 BCCA 469: Landlord and Tenant; Constructive Trust; Unrepresented Litigants; Adequacy of Reasons Kenyon v. British Columbia (Superintendent of Motor Vehicles), 2015 BCCA 485: Standard of Review; Superintendent of Motor Vehicles; Driving Prohibitions; Evidence