Civil Litigation
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May 27, 2025
Justine Pileggi joins Pulver Crawford Munroe as associate
Pulver Crawford Munroe LLP has welcomed Justine Pileggi as an associate.
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May 27, 2025
INTERPRETATION - Commercial reasonableness - Fairness - Extrinsic evidence and parol evidence rule
Appeal by plaintiff from conclusion of judge that currency exchange savings (CES) did not form part of net distributable capital (NDC).
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May 27, 2025
Estate administration: Conflict of interest
In Virdi Estate (Re), 2025 BCSC 689, the Supreme Court of British Columbia recently considered a contentious dispute between siblings over who should administer their late father’s estate. This case serves as a useful illustration of how and when a court may utilize its discretion to pass over a named executor due to a conflict of interest, and clarifies the legal framework guiding such decisions.
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May 27, 2025
Rectification: A fix for flawed documents, not flawed plans
As a civil litigator, I follow the law on rectification carefully. When corporate restructuring and steps taken go wrong, there can be substantial losses, frequently in the form of increased taxes and penalties owed along with legal costs.
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May 26, 2025
Federal Court rejects constitutional challenge to $20K damages cap in federal human rights cases
The Federal Court has dismissed a constitutional challenge to the $20,000 cap on pain and suffering damages in federal human rights cases, finding the cap does not violate the Charter’s s. 15(1) equality rights.
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May 26, 2025
Supreme Court of Canada welcomes new ELO Byma as Bachand assumes GC post at federal judicial council
Daniel Byma, a commercial litigator at Fasken who is also an avid hiker and elite Ultimate Frisbee player and coach, has succeeded Stéphanie Bachand as the Supreme Court of Canada’s executive legal officer (ELO), with Bachand moving on to the roles of director and general counsel of the Canadian Judicial Council (CJC) after serving almost three years as the principal adviser to the chief justice of Canada.
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May 26, 2025
Appeal dismissed in case where holdback funds were to be paid by developer
In a decision with five judges on the panel, the British Columbia Court of Appeal has dismissed an appeal regarding a builders lien declaration and order related to holdback funds to be paid by the appellant.
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May 26, 2025
Federation of Ontario Law Associations asking for revamp of civil rules review
The Federation of Ontario Law Associations (FOLA) is calling on the Ontario government to ensure that ongoing reforms to the province’s civil rules are “representative, evidence-based and reflective of the diverse realities of civil litigation across the province.”
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May 26, 2025
Burned by ambiguity: Court of Appeal reinstates coverage for fire in licensed marijuana grow op
The British Columbia Court of Appeal’s recent ruling in Busato v. Gore Mutual Insurance Co., 2025 BCCA 79 serves as a caution for insurers relying on broadly framed exclusion clauses. The court overturned the trial judge’s decision to uphold the insurer’s denial of coverage, finding that the exclusion relied upon was ambiguous, unreasonable and ultimately unenforceable.
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May 26, 2025
Benjamin Herrera joins IMK
IMK has announced the addition of Benjamin Herrera as an associate.