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Mainstream Canada v. Staniford: Defamation, the Defence of Fair Comment, and the “Factual Foundation” Requirement 30 Jul 2013 | 05:24 am

In Mainstream Canada v. Staniford, 2013 BCCA 341, the British Columbia Court of Appeal considered whether the defence of fair comment applied to defamatory material published on the internet and in a ...

Ross River Dena Council v. Government of Yukon: “Open Entry” Mining Claims and the Duty to Consult 30 Mar 2013 | 11:33 pm

In Ross River Dena Council v. Government of Yukon, 2012 YKCA 14, the Yukon Court of Appeal unanimously held that the Government of Yukon has a duty to consult with First Nations before recording miner...

Antrium Truck Centre v. Ontario: Injurious Affection and Private Nuisance 20 Mar 2013 | 11:02 pm

In Antrium Truck Centre Ltd. v. Ontario (Minister of Transportation), 2013 SCC 13, the Supreme Court of Canada reviewed the law of injurious affection, which occurs when a defendant’s activities inter...

Tang v. Zhang: Forfeited Deposits and Proof of Damages 18 Feb 2013 | 10:49 am

In Tang v. Zhang, 2013 BCCA 52, the British Columbia Court of Appeal considered the interpretation of “deposit” clauses in standard form contracts for the purchase and sale of real estate. The key iss...

TELUS Corporation v. Mason Capital Management: Shareholder Meeting Requisitions and “Empty Voting” 25 Oct 2012 | 04:23 am

In TELUS Corporation v. Mason Capital Management LLC, 2012 BCCA 403, the British Columbia Court of Appeal considered the validity of a shareholder’s requisition for a general meeting of shareholders. ...

Southcott Estates v. Toronto Catholic District School Board: Mitigation and Specific Performance 22 Oct 2012 | 03:23 am

In Southcott Estates Inc. v. Toronto Catholic District School Board, 2012 SCC 51, the Supreme Court of Canada considered whether a plaintiff in a case involving a failed real estate transaction was ex...

Lines v. British Columbia (Securities Commission): Foreign Regulatory Authorities and Reciprocal Orders 23 Jul 2012 | 07:58 am

In Lines v. British Columbia (Securities Commission), 2012 BCCA 316 (“Lines”), the British Columbia Court of Appeal held that the British Columbia Securities Commission (the “Commission”) could not im...

Edward Jones v. Voldeng: Investment Advisors, Non-Solicitation Covenants, and Injunctions 9 Jul 2012 | 02:10 pm

In Edward Jones v. Voldeng, 2012 BCCA 295 (“Voldeng”), the British Columbia Court of Appeal considered the test for granting an interlocutory injunction in the context of a restrictive covenant prohib...

Clements v. Clements: Negligence Claims, Causation, and the “Material Contribution to Risk” Test 3 Jul 2012 | 07:43 am

In Clements v. Clements, 2012 SCC 32 (“Clements”), the Supreme Court of Canada clarified the circumstances in which a plaintiff in a negligence action may establish causation on the basis that the def...

Freeway Properties Inc. v. Genco Resources Ltd: Financial Statements and Confirmation of Causes of Action Under the Limitation Act 25 Jun 2012 | 01:50 pm

In the recent case of Freeway Properties Inc. v. Genco Resources Ltd., 2012 BCCA 258 (“Freeway”), the British Columbia Court of Appeal Court held that a company’s financial statements are capable of c...

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