Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Tag Archives: BC court of appeal

Can a Party get Special Costs based on Pre-Litigation Conduct?

Posted in Case Comments, Procedure, Real Property

In Smithies Holdings Inc. v. RCV Holdings Ltd., 2017 BCCA 177, the BC Court of Appeal considered whether special costs can be awarded based on pre-litigation conduct.  The Court reviewed the conflicting jurisprudence and unanimously concluded that a bright line should be drawn: pre-litigation conduct should not be considered in determining whether to award special costs.

This case involved the termination of a joint venture agreement related to the development of a parcel of land. The respondent withdrew from the joint venture, triggering an option for the appellants to purchase the respondent’s interest in the land based on the … Continue Reading

This Week at the SCC (11/10/2013)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The SCC Monitor

The Supreme Court of Canada granted leave to appeal in two decisions this week of interest to Canadian businesses and professions.

Attorney General of Canada v. Federation of Law Societies of Canada is an appeal from the BC Court of Appeal’s decision upholding the trial court’s decision which declared provisions of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17 and accompanying Regulation SOR/202-184 unconstitutional and of no force and effect to the extent that the impugned phrase “persons and entities” includes legal counsel and law firms. The Supreme Court will hear arguments on … Continue Reading

The Second Opinion: One Man’s Trash…Can’t Be Searched Without a Warrant (at least, not online)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in Features, The Second Opinion

Anyone who has watched Law and Order knows that the police, both here and in the U.S., do not need a warrant to rifle through someone’s curbside recycling bin. This is because that person has abandoned their privacy interest in the contents of the bin. Does the same hold true for items in someone’s computer desktop recycling bin?

Apparently not, according to the B.C. Court of Appeal in R. v. McNeice, 2013 BCCA 98. While putting something by the curb in the real world indicates an abandonment of a privacy interest, the B.C. Court of Appeal has held that … Continue Reading

The Second Opinion: B.C. Court of Appeal Clarifies Defence of Fair Comment

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in Features, The Second Opinion

The B.C. Court of Appeal has overturned a defamation decision of the lower court, muzzling an anti-salmon farming activist and ordering him to pay $75,000 in damages to one of the province’s biggest fish farming operations. The key issue in Mainstream Canada v. Staniford, 2013 BCCA 341 was whether the defamatory material sufficiently referenced the “factual foundation” required to establish the defence of fair comment.

Background

The appellant, Mainstream Canada is a producer of farmed salmon; the respondent, Don Staniford is an activist dedicated to the eradication of salmon farming. Staniford posted various publications and images on his website … Continue Reading

The Second Opinion: Does Seven Minutes Matter? It Does in Marathons, Flight Schedules…and if You Are Commencing an Appeal

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in Bankruptcy and Debt, Features, Procedure, The Second Opinion

The BC Court of Appeal  was recently invited to turn back time, by a mere 7 minutes, for the purpose of saving an appeal. At stake in Temple Consulting Group Ltd. v. Abakhan & Associates Inc., 2013 BCCA 119 was the $500,000 claim of a creditor against the bankrupt estate of Steven Friedland, a B.C. man banned from trading after admitting to illegally raising more than $12 million in an alleged Ponzi scheme.

In declining to turn back the clock, the Court observed that this case “may be an illustration of the adage: what can go wrong, will go … Continue Reading