Costs Cut to Half a Trial Despite a Favourable Judgment
The Dispute A construction manager pursued an association that had hired it, seeking unpaid fees and a share of the profit the project was expected to earn. Years…
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A Co-Signer’s Mortgage Liability Turns on Loan Wording
The Dispute Ada Rowlett co-signed a mortgage, later the subject of First West Credit Union v. Bizarro, 2024 BCSC 2047, so her nephew could buy a home in…
Read MoreAnticipated Loss of Profit After Termination Without Cause
The Dispute A construction management company spent more than two years on a temple project in Richmond for a non-profit association. The cost estimates it produced kept landing…
Read MoreOverhead Records and the Quantum of a Loss of Profit Claim
The Dispute A construction project manager came out of a trial about a temple project the owner ended early with its claim for the lost profit still open.…
Read MoreThe Bar for Striking a Claim Over Late Disclosure in BC
The Dispute A general contractor built a custom home for two property owners and, once the project finished, sued them for the balance owing on the contract. One…
Read MoreGood Faith Limits on a Purchaser’s Completion Discretion
The Dispute A couple building a new house agreed to sell it to a purchaser once construction was finished, with a completion date several months out. On the…
Read MoreDuty of Disclosure and Unpermitted Improvements Under an As Is, Where Is Clause
The Dispute A company leased a commercial unit to open a second location. The unit already contained a mezzanine, built before the landlord acquired the building, and the…
Read MoreSettling Rent and Security Deposit Claims at a Hearing
The Dispute A landlord and two tenants each came out of the same tenancy believing the other owed them money. The landlord said rent was unpaid and the…
Read MoreA Judgment Set Aside for Improper Service of a Claim
The Dispute A lender had put money into business dealings with a former associate and was owed a sum in the mid five figures. The borrower could not…
Read MoreWhere an Owner’s Budget Becomes the Measure of Lost Profit
The Dispute A construction management company had spent more than two years planning a building for a non-profit association when the association ended the arrangement, with nothing built.…
Read MoreA Sublandlord’s Duty to Keep the Head Lease in Good Standing
The Dispute A pharmacist opened a pharmacy inside a medical building, sharing a unit with a walk-in clinic run by two physicians. The arrangement worked because patients leaving…
Read MoreContinued Construction in a Building Bylaw Prosecution
The Dispute Bylaw officers searched a residential property in British Columbia under a warrant and found improvements built without building permits, including an added bedroom, a kitchen and…
Read MoreStaying an Earlier-Filed Action in Favour of a More Comprehensive Proceeding
The Dispute A contractor and its principal fell into a dispute with two companies over one contract, and the contractor sued first. The other side then sued in…
Read MoreNon-Disclosure in an Information to Obtain an Entry Warrant
The Dispute A homeowner learned that someone had used the municipality's website to report a house addition, a pool, a garden suite and a basement suite built without…
Read MoreDisputing a Violation Ticket After the 30-Day Deadline
The Dispute A driver was ticketed for speeding and for driving without consideration for others on the road. The driver went online to dispute it, could not find…
Read MoreProving a Landlord Failed to Comply Over a Neighbour’s Smoke
The Dispute A company bought an apartment in a strata building, hired a property manager to run it, and let it to a new tenant. Within days of…
Read MoreA Delay Claim Founded on an Estimated Completion Date
The Dispute A homeowner hired a builder to renovate the house he had just bought, adding bedrooms and bathrooms upstairs and extending the back for a new kitchen…
Read MoreGetting a Charter Challenge Heard in a Bylaw Prosecution
The Dispute A homeowner was charged with nine bylaw offences over a kitchen, a sundeck, a pool and outbuildings built without permits, and over letting other people occupy…
Read MoreReducing the Security Required to Cancel a Builders Lien
The Dispute A professional practice leased commercial premises and hired a contractor to renovate them before opening. The work ran badly late, and the practice did not get…
Read MoreA Landlord’s Use Notice and the Evidence of Occupation
The Dispute A couple who owned a three-bedroom apartment decided to take it back so their adult son could live there, and they gave their tenants notice. The…
Read MoreA Non-Party’s Beneficial Interest in a Frozen Joint Account
The Dispute A woman held a joint bank account with her former spouse, money she considered hers to support herself and their two children after the couple separated.…
Read MoreRelocating With Children After a Protection Order in BC
The Dispute A mother of two boys separated from their father and could no longer afford to remain in the community where the children had lived since birth.…
Read MoreAn Advance on Damages Ordered Despite a Trial Adjournment
The Dispute The plaintiff had already had a trial date confirmed for a scheduled hearing when the defendants sought an adjournment on the eve of trial. The defendants…
Read MoreUntruthful Discovery Evidence and the Special Costs Threshold in a BC Family Proceeding
The Dispute The claimant had already been through a full trial and a subsequent appeal that varied part of the original order. The proceeding did not end there.…
Read MoreUnnamed Lenders and What a Mortgage Secures
The Dispute A property owner held land carrying three mortgages, two of them in foreclosure with roughly a month left to pay them out or lose the property…
Read MoreEnforcement of a Costs Order Stayed Pending Appeal
The Dispute A trade contractor had been drawn into the litigation that followed a commercial construction project. It had committed months of preparation to a long trial, and…
Read MoreWhen a Buyer Fails to Complete in a Falling Market
The Dispute A homeowner agreed to sell her house to a buyer who was putting together neighbouring lots for redevelopment. He removed every condition, paid his deposit, and…
Read MoreProof of Loss for Breach of a Non-Compete Clause
The Dispute A tutor taught for about sixteen months at a company that prepared candidates for a professional licensing examination, then fell out with the owner over a…
Read MoreAn E-Scooter With Pedals Under the Motor Assisted Cycle Test
The Dispute A man bought an electric scooter with pedals, rode it for years, and treated it as a bicycle that needed no licence and no insurance. One…
Read MoreBinding Effect of an Unsigned CCDC 17
at trial; its unsigned CCDC 17 bound it by conduct alone. ATAC LAW acted for the trade contractor, which left the project a net payer after most of…
Read MoreContempt of an Injunction Restraining Defamatory Statements
The Dispute Two shareholders of a private company had been in dispute for years, and during examinations under oath one of them objected to the interpreter and questioned…
Read MoreAn Ex Parte Order Left Unserved for Eleven Weeks
The Dispute A company had been negotiating a business arrangement with an artist, built around her existing body of work and what it might earn. The arrangement was…
Read MoreA Family Law Leave Application and the Limits of Contempt
The Dispute The client had already been through a family law trial that set parenting time and support. The other parent, restricted by an earlier court order from…
Read MorePost-Judgment Interest Under a Construction Management Contract
The Dispute A construction project manager had been awarded money at the end of a long dispute with the association that engaged it. Years passed between the work…
Read MoreJudicial Review of an RTB Decision That Ignored Key Evidence
The Dispute A landlord ended her tenants' lease so she could move into the rental property herself. Not long after moving in, she had to leave the country…
Read MoreDiscovering a Latent Defect After a Cosmetic Complaint
The Dispute A homeowner hired a contractor to replace the aluminum and glass railings around her home, and the contractor brought in a design firm to check the…
Read MoreDefeating an Income Imputation Claim Over Business Growth
The Dispute A separated father worked for a small import and retail business owned and run by his partner. Years earlier, a court estimated his income partly on…
Read MoreStriking Interest From a Criminal-Rate Promissory Note
The Dispute Two acquaintances in British Columbia carried on two informal money arrangements together in 2018. In one, a lender advanced a series of loans to a business…
Read MoreSuitability for Summary Trial Where Credibility Is Key
The Dispute Four companies had bought a group of development properties, financed by a bank loan, and the loan was coming due before development had started. One of…
Read MoreA Trust Can Defeat a Judgment Creditor’s Claim on Registered Land
The Dispute A woman was the sole registered owner of a Metro Vancouver home, but her adult son had funded the entire purchase years earlier so the family…
Read MoreThe Low Threshold for a Landlord’s Writ of Possession Claim
The Dispute A tenant leased space in a commercial building to run a restaurant, and its two principals personally guaranteed the lease. After receiving repeated complaints about cleanliness…
Read MoreLeave to Amend Refused Without Proposed Amendments Before the Court
The Dispute A family became involved in a lengthy dispute with the province after their daughter was taken into government care during a child protection investigation. Once she…
Read MoreThe Limitation Period on a Loan Repayable on a Sale
The Dispute Two sisters owned a house together. One of them paid out the five-figure balance owing on the mortgage over it, and the sisters then wrote out…
Read MoreReleasing Sale Proceeds After a Mortgage Claim Is Discharged
The Dispute A mother had helped her daughter buy two homes, taking mortgages over both as security for the money she advanced. After the relationship broke down and…
Read MoreCost Consequences of a Trial Adjournment in a BC Construction Dispute
The Dispute A trade contractor was pulled into the litigation that followed a construction project, brought in by a defendant based overseas that held no assets in Canada.…
Read MoreCertificate of Pending Litigation Survives a Uniqueness Challenge
The Dispute A purchaser agreed in 2021 to buy a residential property in British Columbia for more than two million dollars, intending to live there with her sister…
Read MoreDuty to Consult Requirements on a Forest Licence Transfer in British Columbia
The Dispute A forestry company agreed to buy a competitor's sawmill and its provincial timber licence out of a court-supervised bankruptcy sale. The price was fixed regardless of…
Read MoreFraud Liability for an Unlicensed Immigration Consultant
The Dispute A newcomer to Canada paid a business adviser a six-figure sum in US dollars to help her family become permanent residents, trusting he had the experience…
Read MoreRegistering a Builders Lien Against Each Parcel Under One Contract
The Dispute A family hired a construction company to build two houses, each with a carriage house, on a lot that was to be subdivided first. The lot…
Read MoreSelling Jointly Held Property Under a Co-Ownership Agreement
The Dispute Two people bought two residential properties together as an investment, with one registered on title to both and a written agreement setting out how they would…
Read MoreWithheld Records as Proof of Minority Shareholder Oppression
The Dispute A shareholder in a taxi cooperative paid a substantial price for a fractional interest in a vehicle and a company operating licence. The company's general manager…
Read MoreJudgment Funds Held in Court Against a Pending Set-Off
The Dispute Two former spouses had been through a trial and an appeal, and the result left one of them owing the other a sum in the low…
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