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

Summarized Cases:

Sandwell v. Sayers, 2023 BCCA 147: Real Property, Resulting Trust, Unconscionable Procurement ~ Counsel Comments by Kimberly Rule, Counsel for the Appellant

Dutton v. Schwab, 2023 BCCA 161: Burden of Proof; Motor Vehicle Accident; Evidence

Linkletter v. Proctorio, Inc., 2023 BCCA 160: Intellectual Property, Copyright, Breach of Confidence ~ Counsel Comments by Catherine Boies Parker, K.C., and Julia Riddle, Counsel for the Appellant

British Columbia (Human Rights Tribunal) v. Gibraltar Mines Ltd., 2023 BCCA 168: Human Rights; Family Status; Administrative Law; Standing ~ Counsel Comments by Lindsay Waddell, Counsel for the Intervenor, B.C. Human Rights Commissioner; and by James Kondopulos, Brandon Hills, and Jaime Hoopes, Counsel for the Respondent, Gibraltar Mines Ltd.

TL v. British Columbia (Attorney General), 2023 BCCA 167: Constitutional Law, Search and Seizure, The Charter ~ Counsel Comments by John Trueman, Paul LeBlanc, and Susan Ross, Counsel for the Appellant, and by Sarah Runyon, Counsel for the Intervener, West Coast LEAF

Summarized Cases:

Hawthorn v. Hawrish, 2023 BCCA 182: Arbitration; Stay of Proceedings

Pavlovic v. Just George Cleaning and Maintenance Inc., 2023 BCCA 219: Personal Injury; Negligence; Duty of Care ~ Counsel Comments by Bonnie Lepin, Counsel for the Appellant and Meera Jain, Counsel for the Respondent

British Columbia (Attorney General) v. Le, 2023 BCCA 200: Administrative Law; Constitutional Law; Motor Vehicle Accidents; Disbursements

Aura Ventures Corp v. Vancouver (City), 2023 BCCA 209: Property; Trusts; Class Action

Peak Products Manufacturing Inc. v. Gross, 2023 BCCA 214: Solicitor-Client Privilege; Absolute Privilege; Implied Waiver

Summarized Cases:

Tom v. Tang, 2023 BCCA 221: Wills and Estates ~ Counsel Comments by John Whyte and Jennifer Bednard, Counsel for the Appellants and Justina Driedger and Roger D. Lee, Counsel for the Respondents

England Securities Ltd. v. Ulmer, 2023 BCCA 241: Fiduciary Duties; Costs ~ Counsel Comments by David Church, K.C. and Ian Schildt, Counsel for the Respondents

Campbell v. Workers’ Compensation Appeal Tribunal, 2023 BCCA 245: Administrative; Workers Compensation

Wang v. Fu, 2023 BCCA 247: Forum non conveniens; Anti-Suit Injunctions ~ Counsel Comments by John Shewfelt, Counsel for the Respondent

Morden v. Pasternak, 2023 BCCA 252: Real Estate; Contracts

Summarized Cases:

Universal Supply Co. Ltd. v. Lockerbie & Hole Contracting Limited, 2023 BCCA 280: Summary Trial; Admissions

Esteghamat-Ardakani v. Taherkhani, 2023 BCCA 290: Family Law; Civil Procedure ~ Counsel Comments by John Shewfelt, Counsel for the Respondent Mehran Taherkhani

Pheasant v. Thompson, 2023 BCCA 291: Foreclosure; Surplus Funds; Unjust Enrichment; Costs

British Columbia (Lieutenant Governor in Council) v. Canada Mink Breeders Association, 2023 BCCA 310: Civil Procedure; Administrative ~ Counsel Comments by Melanie Power and Ryan Bernard, Counsel for the Respondent

Davies v. Penner, 2023 BCCA 300: Personal Injury; Loss of Future Earning Capacity

Summarized Cases:

Howes v. Liu, 2023 BCCA 316: Damages; Personal Injury

Michetti v. Veach, 2023 BCCA 317: Elections; Vote-Buying; Mens rea; Regulatory Offences; Strict Liability

Sheoran v. Interior Health Authority, 2023 BCCA 318: Negligence; Personal Injury; Standard of Care ~ Counsel Comments by Gavin Cameron and Isaac Mills, Counsel for the Appellant

Insurance Corporation of British Columbia v. Ari, 2023 BCCA 331: Class Actions; Privacy Act; Informational Privacy; Vicarious Liability; Damages ~ Counsel Comments by Geoff Cowper, K.C. and Julia Kindrachuk, Counsel for the Appellant

Helgason v. Rondeau, 2023 BCCA 339: Negligence; Personal Injury; Standard of Care

Summarized Cases:

Small v. Small, 2023 BCCA 349: Family Law; Matrimonial Property; Family Debt; Imputation of Income; Spousal Support

Peace River Partnership v. Cardero Coal Ltd, 2023 BCCA 351: Contracts

Brazinski v. Brazinski, 2023 BCCA 359: Family Law; Matrimonial Property; Excluded Property; Appraisals ~ Counsel Comments provided by Amanda James, Counsel for the Respondent

Christman v. Lee-Sheriff, 2023 BCCA 363: Defamation

Kett v. Google LLC, 2023 BCCA 350: Class Actions; Stay of Proceedings; Abuse of Process

Summarized Cases:

Shalagin v. Mercer Celgar Limited Partnership,2023 BCCA 373: Employment ~ Counsel Comments provided by Nazeer Mitha, K.C.and Graeme Hooper, Counsel for the Respondent

Keltic (Brighouse) Development Ltd v. Yi Teng Investment Inc., 2023 BCCA 375: Amendments to Pleadings; Abuse of Process; In personam versus In rem Claims

Yu v. 16 Pet Food & Supplies Inc., 2023 BCCA 397: Defamation; Injunctions ~ Counsel Comments provided by Darryl Way,Counsel for the Respondent

Lamarque v. Rouse,2023 BCCA 392: Motor Vehicle Accident; Loss of Past Earning Capacity; Loss of Future Earning Capacity

Air Palace Co., Ltd. v. Rotor Maxx Support Limited, 2023 BCCA393: Civil Procedure; Res judicata

Summarized Cases:

Yen v. Ghahramani, 2023 BCCA 403: Oppression Remedy; Derivative Actions; Pleadings ~ Counsel Comments by Gavin Cameron and Kaleigh Milinazzo, Counsel for the Respondent, airG Inc.

Democracy Watch v. British Columbia (Lieutenant Governor), 2023 BCCA 404: Constitutional ~ Counsel Comments by Emily MacKinnon and Elie Laskin, Counsel for the Appellant

Sayarri v. Provincial Health Services Authority, 2023 BCCA 413: Settlement Agreements; Human Rights Code; Enforcement

Neale Engineering Ltd v. Ross Land Mushroom Farm Ltd, 2023 BCCA 429: Civil Procedure; Limitations ~ Counsel Comments by Cameron Elder and Leyla Salmi, Counsel for the Appellant

C.C. v. S.P.R., 2023 BCCA 422: Family; Relocation; Prenuptial Agreements; Spousal Support