Cases

In a complex motor vehicle action, obtained disclosure of the vehicle manufacturer’s pre-trial settlement with the plaintiff.

The Supreme Court of British Columbia ruled in early-August 2022 that three bylaws passed by the City of Vancouver to control rent increases in buildings designated as Single Room Accommodations were ultra vires (beyond the legal authority of) the City of Vancouver. The City's further appeals to the BC Court of Appeal and Supreme Court of Canada were subsequently denied.

BC Supreme Court finds that a signed motor vehicle purchase agreement relied upon by the car dealership was not a binding agreement, on the basis that the parties did not intend for it to be binding; alternatively, if it was a binding agreement, it was unconscionable and therefore void.

BC Supreme Court reiterates appropriate use of statistics in calculating an injured plaintiff’s life expectancy.

The BC Court of Appeal delivered reasons in Yoshikawa v. Dilon, 2022 BCCA 18. The defendants appealed a trial decision ordering repayment of two loans.

In a construction defect action, successfully responded to appeal challenging architects’ right to bring third party claims.

Counsel for successful appellants in leading case interpreting and applying section 83 of the Insurance (Vehicle) Act and Part 7 of the Insurance (Vehicle) Regulation to effect post-judgment deductions to a tort award to take into account no-fault benefits available to a plaintiff.

The Court of Appeal for British Columbia has affirmed that the holder of a registered judgment against title under the Court Order Enforcement Act obtains that interest subject to the equities, including a pre-existing beneficial interest.

Counsel for society responding to former member’s claim that his membership was not terminated in accordance with bylaws.

Cheema v. Young, 2021 BCSC 461, Doug is counsel for the plaintiff in this defamation action. The Court dismissed the defendant’s application to dismiss the action under the Protection of Public Participation Act.

Douglas Lake Cattle Company v. Nicola Valley Fish and Game Club, 2021 BCCA 99. application for leave to appeal ref’d (29 September 2021), File No. 39628 (S.C.C.). Evan Cooke and Ryan Parsons secured an order affirming a landowner’s right to restrict access across its private land and to two Crown lakes expanded by licensed private dams.

Canadian Plastic Bag Association v. Victoria (City), 2019 BCCA 254, 435 D.L.R. (4th) 488, application for leave to appeal ref’d (23 Jan 2020), File No. 38828 (S.C.C.). Counsel recently represented the appellant in its successful challenge to the City of Victoria’s bylaw banning businesses from selling or providing customers with single-use plastic bags.

Case concerned successful application for a court order regarding 'insured' status under a liability policy.