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McMillan LLP | Canada | 22 Feb 2021

iAnthus Decision Changes the Landscape for Corporate Plans of Arrangement under the BCBCA by Permitting Third-Party Releases

In two decisions rendered less than one week apart, Justice Gomery of the Supreme Court of British Columbia held that third-party releases may be…

McMillan LLP | Canada | 15 Feb 2021

‘Why’d Ya Do It?’ The Supreme Court of Canada Explains the Duty to Exercise Contractual Discretion in Good Faith

The Supreme Court of Canada ("SCC") recently released its long awaited decision in Wastech Services Ltd v Greater Vancouver Sewerage and Drainage…

Borden Ladner Gervais LLP | Canada | 11 Feb 2021

A question for another day: Wastech, Vavlivov, and arbitration awards

The question of whether the standard of review framework set out in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, applies…

McCarthy Tétrault LLP | Canada | 3 Feb 2021

Impact of COVID-19 on the Duty to Mitigate: Early Indications in BC Supreme Court Decision

Following termination of employment, employees who are seeking damages for wrongful dismissal have a duty to mitigate their losses by taking…

McMillan LLP | Canada | 30 Jan 2021

In the Bag: Court Certifies Class Action for Westjet Baggage Fees

The B.C. Supreme Court recently granted certification of a class proceeding against the defendants WestJet Airlines Ltd. and WestJet Encore Ltd…

McMillan LLP | Canada | 7 Jan 2021

Can You Register A Builders Lien For Pre-Construction Services on a Cancelled Project? - Case Comment: Shelly Morris Business Services Ltd v Syncor Solutions Limited

In the recent decision of Shelly Morris Business Services Ltd v Syncor Solutions Limited,[1] the Supreme Court of British Columbia assessed whether a…

McCarthy Tétrault LLP | Canada | 17 Dec 2020

“Too Big to Certify”

In Kett v. Mitsubishi Materials Corporation, 2020 BCSC 1879, Justice Branch dismissed a certification application because the case was “too big to…

Miller Thomson LLP | Canada | 1 Dec 2020

Rempel Estate v. Dudley: Curative Powers found within the Wills, Estates and Succession Act, SBC 2009, c 13

The Supreme Court of British Columbia recently released an important decision regarding the curative powers of section 58 of the Wills, Estates and…

Gowling WLG | Canada | 30 Nov 2020

Class proceedings - Injurious affection where no land taken

On May 13, 2020, the British Columbia Court of Appeal released its decision in Gautam v. South Coast British Columbia Transportation Authority,[1] the…

Gowling WLG | Canada | 19 Sep 2020

Supreme Court of Canada Bulletin - Appeal allowed: Michel v. Graydon, 2020 SCC 24

On appeal from a judgment of the British Columbia Court of Appeal (Willcock, Savage and Hunter JJ.A.), 2018 BCCA 449, affirming a decision of Young J…
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