Recent Articles

Thrill Seekers Are Bound By Releases When Things Go Wrong

Peter Roberts
March 20, 2012 21:53

The B.C. Court of Appeal recently upheld, and arguably extended, the enforceability of liability waivers and releases signed by customers of commercial enterprises.  The decision, Loychuk v. Cougar Mountain Adventures Ltd., is a strong affirmation that participants in inherently risky...

Production of Confidential Settlement Documents - the Continuing Saga of Todd Bertuzzi and Steve Moore

Craig Ferris
March 13, 2012 00:20

As a lifelong Canucks fan, I will never forget the video footage of Todd Bertuzzi tackling Steve Moore and the subsequent North American wide television coverage.  This incident was back in the news recently because Master Dash of the Ontario Superior Court of Justice ordered production of the...

Mutual Wills: Are they Enforceable? A Recent Example: Re Wright Estate, 2012 BCSC 119

Peter Roberts
February 24, 2012 17:28

Mutual wills are a common estate planning tool.  Typically, a couple agrees to leave all or most of their estate to the surviving spouse, who then agrees to provide irrevocable gifts over to children.  Mutual wills are premised on an agreement between the spouses that following the death...

What To Do if You Think a Relative is Unable to Manage their Affairs

Peter Roberts
February 03, 2012 02:43

It is increasingly common for clients to ask what legal steps are available to help them care for aging parents or relatives.  Generally, they have a relative who is slowly slipping into dementia or some other incapacitating state.  In recent years, the law has done much to remodel the...

REDMA Update - Early Completion of Condominium Does Not Allow Rescission

Craig Ferris
January 31, 2012 00:37

Last summer, I blogged on the ever expanding body of jurisprudence arising from purchasers of “pre-built” condominiums attempting to use their rescission rights provided under the Real Estate Development Marketing Act (British Columbia) (“REDMA”) to avoid completing their...

How to Find Your Defamer on the Internet

Peter Roberts
January 21, 2012 01:14

The internet is a wonderful thing.  It provides instant access to a universe of information on nearly endless subjects.  It is a worldwide forum for the exchange of content and ideas.  Anyone with access to a computer can opine on anything or anybody.  Frequently, commentators...

Am I Required to Complete my Real Estate Purchase? (a.k.a. the Mystifying World of Conditions Precedent)

Craig Ferris
January 21, 2012 01:02

Agreements to purchase real estate are generally negotiated between real estate agents without the benefit of legal advice.  This can often lead to vagueness when “special” terms are added to the standard form agreements of purchase and sale. A case in point is the recent decision...

How should a Strata Deal with the Owner from Hell?

Peter Roberts
January 17, 2012 01:04

As any strata owner knows, an obstreperous unit owner can make everyone else’s life hell.  Keith Fraser, in a recent article in The Province reported on a B.C. Supreme Court ruling ordering problem strata owners to sell their unit as a result of their outrageous conduct.  The...

Supreme Court of Canada Says No to National Securities Regulator

Ron Skolrood
December 28, 2011 23:18

On December 22, 2011, the Supreme Court of Canada released its decision in Reference Re: Securities Act, 2011 SCC 66.  As noted in a previous post, the Reference involved a show down between the federal government and various provincial governments over the question of whether the legislation...

The B.C. Supreme Court applies the Brakes to the Director of Civil Forfeiture

Peter Roberts
December 16, 2011 18:32

B.C.’s Civil Forfeiture Office, still a relatively new entity, is becoming more aggressive in its approach to seeking forfeiture of what it sees as illicitly acquired assets or property that is being used for an unlawful purpose.  In September 2011, the Director of Civil Forfeiture...