2023 BC Newsletter

Summarized Cases:

Cowan v. Williams, 2022 BCCA 400: Family Law, Division of Family Property, Palpable and Overriding Error ~ Counsel Comments by Georgialee Lang, Counsel for the Appellant

De Angelis v. Siermy, 2022 BCCA 401: Trusts, Restitution, Unjust Enrichment, Juristic Reason, Mutual Benefit Conferral ~ Counsel Comments by Mike Wagner, Robert Anderson, K.C., and Kevin Smith, Counsel for the Respondents

Servatius v. Alberni School District No 70, 2022 BCCA 421: Constitutional, Charter, Freedom of Religion ~ Counsel Comments by Rod Sieg, Counsel for Board of Education of School District No. 70

Pineau v. KMI Publishing and Events Ltd., 2022 BCCA 426: Defamation, Damages ~ Counsel Comments by Malcolm Funt, Counsel for the Appellant

Voitchovsky v. Gibson, 2022 BCCA 428: Family Law, Division of Family Property, Oral Agreements, Sections 92 and 95 Family Law Act ~ Counsel Comments by Angela Atwood-Brewka, Counsel for the Appellant

Summarized Cases:

Zheng v. Bank of China (Canada) Vancouver Richmond Branch, 2023 BCCA 43: Fraud, Duty to Warn, Summary Judgment, Exclusion-of-Liability Clauses ~ Counsel Comments by Nerissa Yan and Caitlin Ohama-Darcus, Counsel for the Appellant

Chang v. GEA Refrigeration Canada Inc., 2023 BCCA 22: Post-Judgment Interest, Court Order Interest Act, Undertakings ~ Counsel Comments by Mark C. Stacey and Matthew Milne, Counsel for the Respondent, GEA Refrigeration Canada Inc.

Martyn v. Walton, 2023 BCCA 23: Civil Practice and Procedure, Estates, Property, Vexatious Proceedings, Abuse of Process ~ Counsel Comments by Matthew Nied, Counsel for the Appellant

Singh v. Minhas, 2023 BCCA 7: Real Estate, Unjust Enrichment, Limitations ~ Counsel Comments by John Foster, Counsel for the Respondent, Gurpreet S. Minhas doing business as Gurpreet S. Minhas Notary Public

Save-A-Lot Holdings Corp v. Christensen, 2023 BCCA 35: Land Titles Act, Certificates of Pending Litigation, Hardship ~ Counsel Comments by Nathan Muirhead, Counsel for the Appellant; Counsel Comments by Duncan Magnus and Emmett Watson, Counsel for the Respondent

Summarized Cases:

Sperring v. Shutiak, 2023 BCCA 54: Family Law, Separation Agreements, Matrimonial Property, Spousal Support, Family Relations Act, Family Law Act

Engman v. Canfield, 2023 BCCA 56: Professional Negligence, Causation, Duty of Care, Standard of Care

British Columbia (Director of Civil Forfeiture) v. Angel Acres Recreation and Festival Property Ltd., 2023 BCCA 70: Constitutional, Civil Forfeiture, Evidence

Highridge Homes Ltd. v. de Boer, 2023 BCCA 74: Damages, Construction, Contracts

Tak v. British Columbia (Securities Commission), 2023 BCCA 76: Securities Law, Constitutional Law, Securities Act, Charter of Rights and Freedoms

Summarized Cases:

B & B Barges Ltd. v. British Columbia, 2023 BCCA 98: Civil Contempt, Mandatory Injunctions, Discretionary Power ~ Counsel Comments by Michael Kleisinger and Rachelle Doerksen, Counsel for the Respondent

McKee v. Hicks, 2023 BCCA 109: Negligence, Personal Injury, Damages

Q.T. v. C.J.H., 2023 BCCA 119: Family Law, Double Costs, Special Costs ~ Counsel Comments by Lorne MacLean, KC, and Fraser MacLean, Counsel for the Appellant

Revelstoke (City) v. Gelowitz, 2023 BCCA 139: Personal Injury, Negligence, Duty of Care ~ Counsel Comments by Greg Allen and Thea Hoogstraten, Counsel for the Appellant

North Vancouver (District) v. Hanlon, 2023 BCCA 114: Expropriation, Expropriations Act, “Market Value Plus” Approach to Compensation ~ Counsel Comments by Salim Hirji, Counsel for the Respondent