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Beyond Serious Prejudice: The BCCA Establishes a New Test to Dismiss for Want of Prosecution

Not infrequently, a plaintiff loses interest in pursuing litigation without being willing to discontinue or settle, or starts litigation to preserve a limitation period without being committed to pursue it. Rule 22-77 of the BC Supreme Court Rules states that if it appears to the court that there is a want of prosecution in a proceeding, the court may order to dismiss the case. This rule has been applied based on analysis using a court-established test. But defendants in British Columbia who sought to use the rule to put an end to dormant litigation have often been frustrated in their attempts. ....

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Redwater Reigns: SKCA Affirms Redwater's Applicability After Failed CCAA

The Saskatchewan Court of Appeal has confirmed that the Supreme Court of Canada s decision in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5 [Redwater], applies in Saskatchewan. The Court of Appeal also affirmed that orders made in failed proceedings in Alberta under the Companies Creditors Arrangement Act did not have effect in subsequent receivership proceedings in Saskatchewan. The Court held that the CCAA proceedings did not impose payment obligations on Bow River outside of the statutory requirements already present. Additionally, the CCAA proceedings did not establish a trust that favored the Rural Municipalities. ....

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Appeals Court rules against the Justice For Our Stolen Children camp

Appeals Court rules against the Justice For Our Stolen Children camp
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"Best Efforts" Clauses—B.C. Court of Appeal on the Consequences of Failing to Fulfill a Condition Precedent | Bennett Jones LLP

A recent decision of the British Columbia Court of Appeal, Sutter Hill Management Corporation v Mpire Capital Corporation [Sutter Hill], 2022 BCCA 13, offers an illustration of the. ....

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British Columbia Court of Appeal Applies the Correctness Standard of Review to an International Arbitration | Bennett Jones LLP

Over the last few years, there has been considerable uncertainty in Canada about the standard of review applicable to appeals from domestic arbitral awards. This uncertainty stemmed in. ....

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