2019 BC Newsletter

Summarized Cases:

Vancouver Coastal Health Authority v. Moscipan, 2019 BCCA 17: Torts; Fraud; Conversion; Fraudulent Conveyance; Knowing Receipt~ Counsel Comments provided by Graeme Hooper, Counsel for the Appellant                                                                                       Wright v. Sun Life Assurance Company of Canada, 2019 BCCA 18: Insurance; Personal Injury; Damages; Procedural Fairness           Baryla v. Baryla, 2019 BCCA 22: Family Law; Spousal Support; Joint Tenancy; “Double Dipping” ~ Counsel Comments provided by Nicholas Davies, Counsel for the Appellant                                       Wu v. Vancouver (City), 2019 BCCA 23: Municipal Law; Private Law Duty of Care; Bad Faith; Compensation; Mandamus                    Price Security Holdings Inc. v. Klompas & Rothwell, 2019 BCCA 36:  Property; Leases; Trusts; Beneficiary; Standing to Sue Third-Party Debtor ~ Counsel Comments provided by Stephen Lyons, Counsel for the Appellant

Summarized Cases:

Vancouver Coastal Health Authority v. Moscipan, 2019 BCCA 17: Torts; Fraud; Conversion; Fraudulent Conveyance; Knowing Receipt ~ Counsel Comments provided by Graeme Hooper, Counsel for the Appellant
Wright v. Sun Life Assurance Company of Canada, 2019 BCCA 18: Insurance; Personal Injury; Damages; Procedural Fairness
Baryla v. Baryla, 2019 BCCA 22: Family Law; Spousal Support; Joint Tenancy; “Double Dipping” ~ Counsel Comments provided by
Nicholas Davies, Counsel for the Appellant
Wu v. Vancouver (City), 2019 BCCA 23: Municipal Law; Private Law Duty of Care; Bad Faith; Compensation; Mandamus
Price Security Holdings Inc. v. Klompas & Rothwell, 2019 BCCA 36: Property; Leases; Trusts; Beneficiary; Standing to Sue Third-Party Debtor ~ Counsel Comments provided by Stephen Lyons, Counsel for the Appellant

Summarized Cases:

Allard v. The Owners, Strata Plan VIS 962, 2019 BCCA 45: Civil Resolution Tribunal; Strata Corporations; Leave to Appeal; Question of Law ~ Counsel Comments provided by Cora D. Wilson, Counsel for the Appellant
Envirocon Environmental Services, ULC v. Suen, 2019 BCCA 46: Human Rights Law; Adverse Effect Discrimination; Judicial Review; Standard of Review ~ Counsel Comments provided by Michael Wagner and James Kondopulos, Counsel for the Appellant, and, by Fred Wynne, Counsel for the Respondent
Ocean Wise Conservation Association v. Vancouver Board of Parks and Recreation, 2019 BCCA 58: Municipal Law; By-Law Amendment; Ultra vires; Fettering; Vancouver Aquarium ~ Counsel Comments provided by Jeff Langlois, Co-Counsel for the Appellants
Eastside Pharmacy Ltd. v. British Columbia (Minister of Health), 2019 BCCA 60: Judicial Review; Appellate Jurisdiction; Cross-Examination of Decision-Maker; Deliberative Secrecy
F.J.V. v. W.K.S., 2019 BCCA 67: Family Law; Parenting Coordinator; Best Interests of the Child; Jurisdiction ~ Counsel Comments provided by Georgialee Lang, Counsel for the Appellant

Summarized Cases:

Khan v. Gilbert, 2019 BCCA 80: Family Law; Division of Property; Reapportionment
Boury v. Iten, 2019 BCCA 81: Procedure; Applications; Capacity to Instruct Counsel; Procedural Fairness
Griffioen v. Arnold, 2019 BCCA 83: Personal Injury; Motor Vehicle Accident; Past Income Loss; Palpable and Overriding Error
Gonzalez v. British Columbia (Attorney General), 2019 BCCA 88: Procedure; Applications; Vexatious Litigant; Leave to Appeal; Practice Directives
Helle v. Helle, 2019 BCCA 97: Family Law; Separation Agreement; Spousal Support; Review ~ Counsel Comments provided by Brandon D. Hastings, Counsel for the Appellant

Summarized Cases:

Malak v. Hanna, 2019 BCCA 106: Torts; Defamation; Vicarious Liability; Common Design ~ Counsel Comments provided by
Tim Delaney, Counsel for the Appellants
West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110: Insurance; Duty to Defend; Exclusions; Pollution; Costs; Full Indemnity ~ Counsel Comments by Christopher Rhone, Counsel for the Appellant, Economical Mutual Insurance Company, and by John Moshonas and Benjamin Meadow, Counsel for the Appellant, Intact Insurance Company
Kirk v. Executive Flight Centre Fuel Services Ltd., 2019 BCCA 111: Torts; Class Actions; Certification; Negligence, Nuisance; Fuel Spill ~ Counsel Comments by Ian Knapp, Counsel for the Appellant, Transwest Helicopters Ltd., and by Kelsey Sherriff, Counsel for the Appellant Executive Flight Centre Fuel Services Ltd., and by Naomi Moses, Counsel for the Respondent
Samaroo v. Canada Revenue Agency, 2019 BCCA 113: Torts; Tax Evasion; Malicious Prosecution; Reasonable and Probable Cause ~ Counsel Comments by Steve Kelliher, Counsel for the Respondents
Wang v. Shao, 2019 BCCA 130: Real Property; Purchase and Sale; Fraudulent Misrepresentation; Murder; Materiality ~ Counsel Comments by Emily Dvorak, Articled Student for the Appellant

Summarized Cases:

Namdarpour v. Vahman, 2019 BCCA 153: Family Law; Family Property; Excluded Property; Valuation; Spousal Support
The Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corporation, 2019 BCCA 145: Contracts; Pre-Incorporation Contract; Intention To Be Bound; Strata Property; Easements ~ Counsel Comments by Emily Kirkpatrick, Counsel for the Appellant
Kooner v. Kooner, 2019 BCCA 188: Family Law; Property; Summary Trial; Sufficiency of Reasons ~ Counsel Comments by Deborah Labun, Counsel for the Appellant
J. Cote & Son Excavating Ltd. v. Burnaby (City), 2019 BCCA 168: Contracts; Bids for Tender; Constitutional Law; Charter of Rights and Freedoms ~ Counsel Comments by Mike Preston, Counsel for the Appellant
Janus v. The Central Park Citizen Society, 2019 BCCA 173: Landlord and Tenant; Limitation Periods; Res judicata; Personal Injury; Negligence ~ Counsel Comments by Kim Wigmore and Bo Carter, Counsel for the Appellants , and by Heather Bains and Sukhmani Dhaliwal, Counsel for the Respondent

Summarized Cases:

Duggan v. White, 2019 BCCA 200: Family Law; Custody; Parental Relocation; Necessity; Best Interests of the Child
Rain Coast Water Corp. v. British Columbia, 2019 BCCA 201: Torts; Unlawful Means; Misfeasance in Public Office; Procedural Fairness; Limitations
Walter v. British Columbia, 2019 BCCA 221: Constitutional Principles; Judicial Independence; Treasury Board Directives; Minimum Remuneration
Adams v. British Columbia (Superintendent of Motor Vehicles), 2019 BCCA 225: Regulatory Offences; Impaired Driving; Immediate Roadside Prohibition; Hearsay, Burden of Proof ~ Counsel Comments by Meghan Forhan, Counsel for the Respondent
British Columbia Civil Liberties Association v. Canada (Attorney General), 2019 BCCA 228: Charter of Rights and Freedoms; Penal Law; Incarceration; Administrative Segregation ~ Counsel Comments by Avnish Nanda, Counsel for the Intervenor,
Canadian Prison Law Association

Summarized Cases:

Brown v. Canada (Attorney General), 2019 BCCA 245: Indian Residential Schools Settlement Agreement; Eligibility; Judicial Recourse
Canadian Plastic Bag Association v. Victoria (City), 2019 BCCA 254: Municipal Law; By-Laws; Legislated Authority; Ministerial Approval; Pith and Substance
Olson v. Miller, 2019 BCCA 274: Property Law; Co-Ownership; Partition of Property Act; Opportunity to Be Heard ~ Counsel
Comments by Bruce Fairley, Counsel for the Respondents
Beach Estate v. Beach, 2019 BCCA 277: Property Law; Constructive Trust; Settlement Agreement; Supreme Court Civil Rule 9-6; Burden of Proof
Glacier Resorts Ltd. v. British Columbia (Minister of Environment), 2019 BCCA 289: Construction; Ski Resort; Environmental Assessment Act; Interpretation; “Substantially started” ~ Counsel Comments by Olivia French, Counsel for the Intervenors

Summarized Cases:

Santics v. Vancouver (City) Animal Control Officer, 2019 BCCA 294: Civil Practice and Procedure; Property; Public; Torts; Municipal ~ Counsel Comments provided by Victoria Shroff, Counsel for the Appellant
A.B. v. C.D., 2019 BCCA 297: Constitutional; Family; Human Rights ~ Counsel Comments provided by Jasmeet Wahid and Jessica Lithwick, Counsel for the Respondent Mother E.F.
Coburn and Watson’s Metropolitan Home v. Home Depot of Canada Inc., 2019 BCCA 308: Civil Practice and Procedure; Class and Representative Proceedings; Representative or Class Proceedings under Class Proceedings Legislation; Orders, Awards and Related Procedures; Appeals
Greata Ranch Holding Corp. v. Concord Okanagan Developments Ltd., 2019 BCCA 304: Alternative Dispute Resolution; Appeal from Arbitration Awards; Question of Law
Negus v. Yehia, 2019 BCCA 307: Civil Practice and Procedure; Family; Property

Summarized Cases:

Pacific Centre for Reproductive Medicine v. Medical Services Commission, 2019 BCCA 315: Constitutional; Public; Human Rights ~ Counsel Comments provided by Peter Gall, Q.C., Counsel for the Appellant
Evans v. New Westminster (Police Department), 2019 BCCA 317: Public; Motor Vehicles; Offences ~ Counsel Comments provided by Kyla Lee, Counsel for the Appellant, and by Reece Harding, Counsel for the Respondent
Santelli v. Trinetti, 2019 BCCA 319: Contracts; Family; Support
Squamish Nation v. British Columbia (Environment), 2019 BCCA 321: Civil Practice and Procedure; Constitutional; Environmental; Public
Tanious v. The Empire Life Insurance Company, 2019 BCCA 329: Civil Practice and Procedure; Evidence; Insurance; Torts

Summarized Cases:

Herbach v. Herbach Estate, 2019 BCCA 370: Wills and Estates; Wills Variation Claims; Wills Act, R.S.B.C. 1996, c. 489; Presumption of Resulting Trust ~ Counsel Comments provided by David Hunter, Counsel for the Appellant
The Owners, Strata Plan NW 307 v. Desaulniers, 2019 BCCA 343: Strata Property Act, SBC 1998, c 43; Notice Requirements in the Strata Property Act; Statutory Interpretation ~ Counsel Comments provided by Matthew Nied and Rebecca Sim, Counsel for the Appellant, and by Phil Dougan, Counsel for the Respondent
Hamilton and Squario v. British Columbia (Attorney General), 2019 BCCA 348: Land Title Inquiry Act, R.S.B.C. 1996, c. 251; Crown Grants; Survey Evidence; Misdescription
C.M.R. v. L.F.R., 2019 BCCA 371: Supreme Court Family Rules; Referring an Application to the Trial List; Test for a Triable Issue
A.H.B. v. C.L.B., 2019 BCCA 349: Family Law; Child Support; Interim Orders; “Household Income” in the Child Support Guidelines

Summarized Cases:

u v. Chu, 2019 BCCA 414: Family Law; Valuing Family Property; Calculating Income; Grossing Up Income
Level One Construction Ltd. v. Burnham, 2019 BCCA 407: Defamation; Test for Defamatory Statements; Fair Comment; Justification ~ Counsel Comments provided by Alan McConchie, Counsel for the Appellants
Ueland v. Lynch, 2019 BCCA 431: Mitigation of Damages; “Thin Skull” Rule; Subjective/Objective Reasonableness Test ~ Counsel Comments provided by Scott Stanley, Counsel for the Respondent
Walkom v. Law Society of British Columbia, 2019 BCCA 391: Supreme Court Civil Rules; Rule 9-5; Applications to Strike Pleadings; Statutory Immunities
Devathasan v. Devathasan, 2019 BCCA 436: Family Law; International Assets; Leave to Appeal