Archive for the ‘Commercial Litigation’ Category
The starting point for determining the rights and obligations of landlords and tenants under a commercial lease is the written lease agreement.
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For a host of reasons, folks often enter contracts through verbal agreement either not fully appreciating that they are entering into a binding contractual relationship or because one or more parties has refused to agree to reduce the contract to writing.
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Intra-company disputes often involve two broad categories of remedies: oppression: where a minority shareholder claims they are being disadvantaged by the majority in some fashion and seek to have the court exercise its broad statutory discretion to correct the issue; and derivative actions: where a shareholder or director seeks to have the court compel a […]
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Whenever parties fail to fully document the contractual agreement between them, the risk of litigation is heightened given the lack of prescribed remedies and consequences in addition to a wide spectrum of issues.
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It is a common question: when you lend someone money, they use that money to purchase land and the money is not paid back, can you somehow secure repayment by encumbering title to the land?
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In 2014, the Supreme Court of Canada in Bhasin v. Hrynew affirmed the existence of a duty of honest contractual performance.
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In my earlier article, Defamation, the Protection of Public Participation Act and Strategic Lawsuits Against Public Participation, I wrote about the Protection of Public Participation Act (the “PPPA”), a piece of legislation aimed at combating strategy lawsuits against public participation (“SLAPPs”).
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Under the Builders Lien Act, a statutory right is created to filed builders liens for work performed and/or materials supplied to an improvement.
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As discussed in my previous article, COVID-19, Builders Liens and Limitation Periods, since March 26, 2020, limitation periods in BC were suspended. This suspension was listed as of April 15, 2020 for builders lien issues.
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As discussed in my previous articles, the Builders Lien Act creates extraordinary remedies and, as such, requires extraordinary attention be paid to complying with its requirements.
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Often times parties to a contract have a less than clear understanding of many of the principles of contractual law.
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One of the most frequent types of construction disputes centers on what is owed vs. what is charged for work.
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On January 21, 2014, Mr. and Ms. Schellenberg suffered losses when a building on their property was damaged by a fire.
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As was discussed in my previous article, Property, Parties, Price – How Far the Court Will Go to Insert the 3 P’s of Real Estate into a Contract, it is critical that parties to a contract of purchase and sale for real property take the time to properly document the terms of their contract.
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As the court observed in its recent decision, All Out Contracting Ltd. v Gourlay, 2020 BCSC 481 (CanLII) (“All Out”), construction work begins before the owner(s) and contractor properly define their contractual relationship, if they ever do so
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One of the challenges in negligent construction disputes is that plaintiffs often start litigation only knowing something is wrong that needs to be fixed.
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Pre-judgment garnishment is a powerful remedy that allows a creditor to secure their claims by garnishing funds owed to a debtor and holding them in court pending a further order or agreement of the parties.
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When would-be homeowners obtain home inspections, they place a great deal of reliance on the inspection report they receive.
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On March 25, 2019, the Protection of Public Participation Act was assented to bringing into force legislation aimed at combating strategy lawsuits against public participation.
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When a party is denied on a claim by an insurer, a careful analysis of whether the denial is properly made is important.
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Subject to clauses, waiver or satisfaction of subject to clauses, deposits and when deposits become non-refundable are issues in contracts of purchase and sale that often become the subject of litigation.
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I’ve previously written on defamation within the context of social media and airing grievances about services on social media, and the recent decision of Rook v. Halcrow continues to underscore that social media posts are public domain.
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Getting a judgment isn’t the only challenging aspect of a legal dispute; collecting on a judgment can present a whole new set of challenges.
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The recent case of Opus Consulting Group Ltd. v Ardenton Capital Corporation focused on the level of disclosure required to support and sustain a pre-judgment garnishment order.
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It is one of the most common scenarios in construction litigation: work has completed, the contractor has rendered its final bill and an owner refuses to pay on the basis that there were delays or that there are defects or deficiencies.
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In my previous article, Discharging a Builders’ Lien on Posting of Security: How Much is Enough?, I discussed the two pronged approach by the courts when considering what is sufficient security to be posted in order for a party to be able to discharge a builders’ lien.
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The rights and remedies that attach to commercial tenancies are generally prescribed by the lease agreement giving rise to the tenancy.
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It is not an usual story: an insurance applicant does not make full and frank disclosure in their insurance application.
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It is no secret that insurers are motivated to find ways to deny part or all of a claim.
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Privty of contract is the notion that only parties to a contract may receive the benefits of or may be called upon to perform the obligations of a contract.
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There are innumerable reasons that parties may find themselves co-owning real property with friends, family or business partners and just as many reasons why that co-ownership relationship may turn sour.
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In even the most well-thought out construction contracts, there is almost always the need for parties to deviate in some way from the timelines and scope of work.
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One of the more difficult issues in contractual disputes is sorting out what rights and obligations continue to exist when a party to a contract breaches the terms of the contract.
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When a builders’ lien is filed, it can cause all manner of disruptions to financial, contractual and business relations
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In my previous article, Builders Liens: Strict Compliance or Lose Your Lien, I explored how a family company lost its lien rights by making the mistake of pursuing its lien in the name of its principal rather than the company.
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In a number of previous articles, I have explored some of the difficulties encountered where parties fail to properly set out the contractual terms that dictate the rights and responsibilities between them.
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The Statute of Frauds and Canadian jurisprudence require that for any contract of real property to be enforceable, it must contain an agreement with respect to three essential elements knowns as the 3 P’s: parties, property and price.
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Often times parties will turn to friends, family, acquaintances or business relations to seek funds to borrow rather than a bank or other lending institution.
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One of the most frequent mistakes people make in entering contracts is in making incorrect assumptions about what is or is not included in a contract.
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As discussed in a previous article, settlement agreements are effectively contracts which can be enforced through legal action and replace whatever legal, contractual or equitable rights were involved in the fight that preceded settlement.
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One of the frequent issues encountered in contractual litigation is parties failing to negotiate and set to writing the contractual obligations that exist between them.
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Often times, parties will get to the edge of entering into contractual relations, but miss the steps required to form a contractual agreement.
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As discussed in my previous article, Invitations to Tender: Why it is Important Both Bidders and Solicitors to Follow Proper Process, the solicitation of bids for public projects must follow a fair and transparent process.
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In recent years, several communities all over the world have sought to means by which to reduce the accumulation of plastic in our natural environment.
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The BC Court of Appeal has pronounced a new decision which lenders in BC and their lawyers will want to be aware of.
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A fiduciary relationship is a relationship in which one party places distinct trust, confidence and dependence on another.
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Government and non-government actors that solicit bids for contractors for management or construction projects must follow a fair and transparent process for doing so.
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Settlement agreements that conclude litigation are often reached once the parties have gotten to a point of a loss of faith in one another or a complete breakdown in whatever relationship they may have enjoyed pre-litigation.
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The intersection of defamation and social media remains a minefield and social media users are well-advised to treat social media posts no differently from any other form of publication.
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In the recent decision of Alton v Lower Mainland Motocross Club, the court ultimately determined to uphold a liability waiver and the decision reiterates the law applying to liability waivers.
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It can be frustrating for homeowners dealing with inadequate contractors that the controlling mind/primary owner of the company can hide behind their corporation to avoid personal liability.
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A builders lien can be an effective, powerful and inexpensive tool for helping unpaid contractors, subcontractors, suppliers receive payment for their materials and services.
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As I’ve previously written, the “Winnipeg Condo” decision is an authority by which a party may seek to recover against negligent builders and contractors.
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Building your own home can be a challenging, but rewarding experience. Many property owners will choose to oversee or complete the construction of their home.
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Real property ownership in British Columbia is governed by a modified Torrens system for title registration.
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Contractual interest can represent a significant component of the value of a contract for the party entitled to interest, a significant part of the costs of a contract to the party paying interest and a significant deterrent to a would be breaching party.
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In virtually all standard contracts of purchase and sale, the parties agree that the vendor will provide a property disclosure statement (“PDS”) and that the representations made in the PDS will survive the completion of the contract.
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In British Columbia s. 59 of the Law and Equity Act, R.S.B.C. 1996, c. 253 (the “Act”) essentially requires that contracts dealing with
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In the case of Jozsa v. Charlwood-Sebazco, 2016 BCSC 78 (CanLII) the Plaintiff, Mr. Jozsa, was a very experienced landscape designer hired by Ms. Sebazco to complete landscaping at her home.
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Too often, people mistakenly assume that because the home or renovations are done in accordance with architectural plans and within the requirements of the applicable municipality or district, that the home or renovations are sound.
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If you are entwined in the world of new media or have just found yourself on YouTube or social networks lately, you may have noticed a number of sarcastic comments or videos.
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Small corporations, where two or three family members and/or friends incorporate a company and go into business together, are the bread and butter of our community’s vibrant and diverse business community.
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The local housing market appears to be on the rise. While this is a good sign of our recovering economy, it is also an appropriate time for purchasers to remind themselves of some of the risks and their legal rights when purchasing a home. The maxim, “buyer beware” (or caveat emptor), applies to purchasing a […]
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In 2002 the court’s decision in Shimco Metal Erectors Ltd., 2002 BCSC 238 and 2003 BCCA 193 caught both the construction industry and the legal community by surprise. Prior to Shimco it was commonly held that the only way to maintain a claim of lien was through the normal process of filing in the appropriate Land Title Office the standardized claim of lien form prescribed by the Builders Lien Act against title to the property [...]
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Clients often come to us with a credit application and want to know why they cannot collect interest at the rate specified in their contract. The contract explicitly states a monthly interest rate, so what is the problem?
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