Category: Litigation
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.
When a party is denied on a claim by an insurer, a careful analysis of whether the denial is properly made is important.
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.
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.
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.
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.
A recent post by Kelowna Now highlights the alarming rate at which sexual assault reports are being dismissed as “unfounded” by Kelowna RCMP.
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.
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.
The rights and remedies that attach to commercial tenancies are generally prescribed by the lease agreement giving rise to the tenancy.
It is not an usual story: an insurance applicant does not make full and frank disclosure in their insurance application.
It is no secret that insurers are motivated to find ways to deny part or all of a claim.