Coverage connected to British Columbia, with verified short holdings, original analysis and links to the underlying sources. A publication date isn't the same as a decision date. The dates below identify which is shown.
48 verified publications. Showing the 36 most recent.
The BC Human Rights Tribunal dismissed a student's religious discrimination complaint after finding that her university was reasonably certain to prove it had pursued every practicable alternative placement for a required nursing practicum. The duty to accommodate did not require the institution to waive an essential practical component or compel independent placement providers to relax their vaccination requirements.
The BC Supreme Court declined to disqualify a law firm representing a party opposite someone who had earlier shared confidential information in an informal consultation with a lawyer at the same firm. Despite finding the earlier consultation engaged confidentiality concerns, the court accepted a prompt documented ethical screen and the lack of evidence of actual disclosure, while recognizing the significant prejudice of removing chosen counsel.
The BC Supreme Court ordered release of a $60,000 real estate deposit to sellers after a buyer removed financing conditions but couldn't complete the purchase. Although the sellers' proven loss was approximately $30,362, the deposit remained forfeitable without proof of matching damages because retaining it wasn't unconscionable, and the court rejected additional recovery on top of the deposit.
The BC Court of Appeal refused to vary a chambers order denying a stay of a permanent injunction preventing unauthorized building work and interference with a municipal demolition order. The applicant showed no error of law, principle or fact, and the court held that the appeal of the injunction couldn't be used to relitigate the previously adjudicated demolition order.
The BC Supreme Court struck Action4Canada's amended lawsuit challenging pandemic measures without leave to amend because it failed to plead viable causes of action and pursued impermissible collateral attacks and moot declarations. The court dismissed the action and awarded $10,000 in total costs against the plaintiffs, emphasizing that challenges to government decisions must be properly framed and brought through the appropriate procedure.
The BC Supreme Court ordered a law corporation and its principal to post $150,000 in security for costs before continuing litigation against banks and other defendants, relying on evidence of earlier unpaid costs and compliance concerns. The action was stayed pending payment, but the underlying claims and defences were not decided.
The BC Supreme Court adjourned RBC’s application to appoint a receiver over a construction contractor despite its contractual enforcement rights, finding immediate appointment posed serious risks to active projects and affected third parties. The company was ordered to provide monthly financial disclosure and make reasonable efforts to meet interest payments pending any renewed application.
The BC Court of Appeal coordinated three related municipal demolition appeals and dismissed applications to stop demolition and compel extensive document production because they misconceived the scope of the pending appeals. The ruling was procedural and did not decide the underlying validity of the demolition order.
The BC Supreme Court refused summary judgment on a builder’s unpaid construction account because separating it from the owner’s substantial counterclaim risked inconsistent factual findings. Both contractual claims were left for trial, and the court made no final determination about which party was owed money.
The BC Supreme Court ruled that a small claims judge had misapplied the law of battery in a lawsuit arising from an altercation between a restaurant employee and a customer. The appeal succeeded and a new trial was ordered, without any final finding that the restaurant was liable.
The BC Supreme Court approved a receiver’s sale of development lands through a reverse vesting order, finding that the structure preserved permits, avoided unnecessary transfer tax and would leave no stakeholder worse off than a conventional sale. The ruling applied the Soundair and Harte Gold principles to the specific receivership transaction.
The BC Supreme Court dismissed a product liability claim for want of prosecution because destruction of the vehicle and maintenance records left the manufacturer unable to mount a fair defence. The court distinguished this procedural dismissal from spoliation, which requires proof of an intent to affect the litigation.
The BC Supreme Court certified a class proceeding over allegations that Google Photos collected and used facial biometric information without valid consent, finding a workable common-issues process despite the need to decide some questions individually. Certification determines whether the claims may proceed collectively and does not establish that Google breached privacy law.
The BC Court of Appeal held that commencing a proposed class action does not itself suspend limitation periods, because the province’s Class Proceedings Act provides suspension from the filing of a certification application. It upheld striking a later flood-loss lawsuit as time-barred even though the claimants had relied on an earlier proposed class proceeding.
The BC tribunal found a contract existed between a municipality and fencing contractor without a signed final document, but rejected the $5,000 cancellation claim because the contractor couldn't prove loss. It didn't decide whether the city breached the contract.
A BC tenant couldn't move a residential maintenance dispute into Supreme Court simply by calling it negligence. The court examined the essential character of his claims, sent them to the Residential Tenancy Branch and stayed the lawsuit.
A tire shop wasn't shown to have cracked a customer's wheel, but admitted responsibility for a damaged brake sensor. The Tribunal allowed its $153.72 repair plus $100 for reasonable substitute transport, not unsupported lost wages.
A skincare studio had to refund $1,885 in unused prepaid services because its WeChat agreement omitted mandatory future performance contract terms. The statutory discretion to preserve an otherwise deficient contract didn't help without proof of business loss.
A contractor couldn't recover disputed additional fence work without proving an approved scope change, but a developer couldn't offset alleged defects from a separate cedar fence contract against payment for a chain link fence.
A lender's assignee couldn't enforce a balance on a financed vacuum sold door to door after the seller made an agreed 30 day return impossible. The consumer had already paid more than the 10% fee she would have owed on a timely return.
A pedestrian's $5,000 claim after tripping over a restaurant sign on a public sidewalk was dismissed. The Tribunal recognized a duty of care but found no proof that the restaurant had failed to take reasonable precautions.
BC's real estate regulator cancelled an agent's and his corporation's licences and imposed a $120,000 penalty after accepting findings that he helped a friend compete against his own buyer client, acquired the property and concealed his personal stake. The disposition was a consent order, not a contested hearing.
A fencing contractor established that it had a contract with a BC municipality even without a signed final document. Its $5,000 cancellation claim still failed because it couldn't prove lost wages, wasted materials or other actual loss. The tribunal didn't decide whether the City breached the contract.
A restaurant disputed its supplier's invoices because fountain drinks were allegedly near expiry and its opening was delayed. The BC tribunal found the supplier had delivered the drinks, despite its denial, but awarded $4,810.24 on the unpaid debt and dismissed the restaurant's unsupported damages claim.
BC's real estate regulator upheld $15,000 in penalties for a property manager's communication failures but cancelled a $10,000 repeat-offender penalty. His earlier conduct predated the first finding of liability.
BC's real estate regulator confirmed a $2,250 penalty after requested offer information remained undelivered past a reasonable deadline. Attempted attachments and partial replies did not cure the breach.
BC's real estate regulator allowed a brokerage to seek reconsideration 16 days late, then confirmed its $1,000 penalty for filing annual reports 10 days after the deadline. The officer distinguished a forgotten online Submit step from the separate failure to upload the materials by the filing date.
A BC real estate licensee waited about 3 months to report criminal charges to the regulator and his managing broker. A hearing officer confirmed a $2,500 penalty for late disclosure while expressly making no finding that the underlying alleged assaults occurred or that the licensee had been convicted.
BC's real estate regulator confirmed a $1,000 penalty over 3 misleading Instagram property posts. A licensee who remained tagged in another agent's inaccurate post was treated as permitting its publication, while a claim that he acted as a buyer's agent was rejected for one property and proved for another.
A BC real estate licensee's Facebook page failed to identify his brokerage, while social media posts presented him as part of a team that wasn't registered. The regulator found both advertising breaches and confirmed a $2,000 administrative penalty, rejecting the suggestion that informational posts or an inactive account escaped the rules.
A BC real estate managing broker couldn't avoid a $2,500 compliance penalty by blaming missing records and filings inherited from an earlier manager. The regulator confirmed the penalty but recognized a genuine due diligence defence for managers who investigate and act promptly.
BC's Real Estate Special Compensation Fund couldn't reimburse a landlord for losses attributed to an unlicensed rental intermediary who wasn't associated with a licensed brokerage. The $13,550 claim was dismissed without findings of fraud.
A BC real estate hearing officer found that an agent’s impaired driving and assault on a peace officer amounted to conduct unbecoming a licensee. The ruling established liability while leaving sanctions for a later decision.
A BC dealership recovered $17,182.23 after a customer negligently drove a Corvette into a visible concrete barrier on a test drive. The Supreme Court dismissed his appeal and rejected the argument that consent to drive made him a protected employee under the Motor Vehicle Act.
The BC Supreme Court restrained a commercial tenant from operating an asphalt testing machine pending trial. The landlord showed a serious issue under the lease, irreparable reputational harm and a favourable balance of convenience.
The BC Supreme Court dismissed a non-party’s application to narrow a forestry blockade injunction. No material change or overlooked issue justified revisiting the order, and the police clause did not create new detention powers.
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