New and Notable - Civil Litigation

CBABC Responds to BCSC Ruling on Civil Court Fees

Courthouse Libraries of BC — Thu, 24 May 2012 17:35:00 GMT

The Canadian Bar Association BC Branch released comments on a May 22, 2012 Supreme Court of BC decision that ruled civil hearing fees unconstitutional (see this previous news item by Courthouse Libraries BC). The media release explains the CBABC's involvement in the case and states:

"The CBABC views the decision in Vilardell v. Dunham as a welcome confirmation of the right of everyone to equal access to justice. Mr. Justice McEwan has declared hearing fees unconstitutional and in so doing found that the fees, which escalate to over $600 per day, are an impediment to the courts for all but those who are well to do ... . In the current context of justice reform, the decision is a comprehensive and compelling review of the legal principles that direct how government and the courts must interact to fulfill their constitutional responsibilities.”

You can read the Reasons for Judgement here.

Popular law blog SLAW has summarized the Reasons for Judgement and published selections here.

Landmark BC Ruling in Vilardell v. Dunham Finds Hearing Fees Unconstitutional

Courthouse Libraries of BC — Wed, 23 May 2012 07:00:00 GMT

Yesterday, May 22, 2012, Mr. Justice McEwan of the BC Supreme Court handed down a lengthy, 432 paragraph decision concluding that the hearing fees in the 2009 family law trial of Vilardell v. Durham,, in particular paragraph 14 of Appendix C Schedule 1, as they were under the former Supreme Court Rules, are unconstitutional.
A copy of Mr. Justice McEwan's decision was made available through Erik Magraken's blog, and is also available here.
The judgement has caught the attention of media, including Ian Mulgrew of the Vancouver Sun, for its strong criticism of the provincial government's approach to legal funding.
The case is unique for the fact that other major legal organizations in the province took an intervenor role in the proceeding hoping to influence the outcome of the application by the plaintiff, herself represented by the head of Access Pro Bono BC, Jamie MacLaren, to challenge the constitutionality of the hearing fees. The BC branch of the Canadian Bar Association, represented by the current BC branch president Sharron Matthews, and the Trial Lawyers Association of BC, represented by Darrell Roberts QC, intervened and took a position on side with the plaintiff. The Attorney General of British Columbia was invited as an intervenor, and was also represented in the application.

Canada Proclamation

Courthouse Libraries of BC — Fri, 18 May 2012 07:00:00 GMT

Sections of the following act were brought into force:

Financial System Review Act, S.C. 2012, c.5

Please see Canada Proclamations or contact us for details.

CLE Practice Points: Interpretation of Arbitration Agreements

Courthouse Libraries of BC — Thu, 17 May 2012 22:14:00 GMT

In this paper written for the recent CLEBC course Commercial Arbitration, author Ludmila B. Herbst outlines some of the issues that arise in relation to interpretation of arbitration agreements.

BC Proclamation

Courthouse Libraries of BC — Wed, 16 May 2012 07:00:00 GMT

The following act was brought into force:

Metal Dealers and Recyclers Act, SBC 2011, c. 22

Please see BC Proclamations or contact us for details.

CBABC Responds to Announcement of Bill 44 - the Civil Resolution Tribunal Act

Courthouse Libraries of BC — Wed, 09 May 2012 19:30:00 GMT

The Canadian Bar Association BC Branch has issued a Media Alert in response to the introduction of Bill 44, the Civil Resolution Tribunal Act.

Supreme Court Law Review Constitutional Cases Collection Available Online

Courthouse Libraries of BC — Tue, 08 May 2012 15:50:00 GMT

Papers by Canada’s judges, constitutional scholars, and litigation experts address the Supreme Court’s decisions on federalism and constitutional rights, including aboriginal rights, as well as offer broader perspectives on constitutional theory and interpretation.

The conference papers, which have been published in a dedicated volume of the Supreme Court Law Review for the last ten years, are now available online in full text.

Hearings this Week at the SCC

Courthouse Libraries of BC — Mon, 07 May 2012 16:50:00 GMT

Scheduled hearings at the Supreme Court of Canada for the week of May 7 to May 11, 2012.

To view a summary describing the case and issues, click on the name of the case.

May 7, 2012

Mandeep Singh Chehil v. Her Majesty the Queen
Criminal - Charter of Rights and Freedoms – Search and seizure – Freedom from unreasonable search and seizure – Sniff search of suitcase by sniffer-dog led to discovery of drugs - Whether the jurisprudence is inconsistent regarding the meaning of “objectively reasonable suspicion” – What factors should be considered when deciding if there is a “reasonable suspicion” of criminal activity that justifies the use of a sniffer dog - What standards should be applied by the courts when considering the reliability of a police sniffer-dog - Whether there are issues of public importance raised – ss. 7, 8 and 9 of the Charter.

May 8, 2012

Annapolis County District School Board, et al. v. Johnathan Lee Marshall, represented by his Guardian, Vaughan Caldwell
Procedural Law - Appeals – Judgments and Orders – Jury Trial – Charge to the jury – New trial ordered due to misdirection by trial judge – Torts – Motor Vehicles - Negligence – Standard of care – No contributory negligence by minor – Bus driver hitting child who ran across highway – Whether driver was negligent – Whether appellate court erred in declining to make a finding of liability against the School Board and Mr. Feener rather than order a new trial – Whether the School Board and Mr. Feener should be held liable due to Mr. Feener’s admissions at trial and the reverse onus provisions of the Motor Vehicle Act, R.S.N.S. 1989, c. 293 (the “Act”).

May 10, 2012

A.B. by her Litigation Guardian, C.D. v. Bragg Communications Incorporated, a body corporate, et al.
Civil procedure — Confidentiality orders — Defamation — Applicant applying for order requiring disclosure of identity of persons who used particular IP address to create fake profile on Facebook — Applicant also applying for permission to proceed by way of initials and for order prohibiting publication of allegedly defamatory statements in profile — Whether court should take notice of inherent vulnerability of young girls subject to on-line sexualized bullying and serious risk of harm to them if they are required to republish comments and reveal their identity to seek a remedy — Whether court can invoke its parens patriae jurisdiction to protect child — Whether media that choose to intervene in a motion for a publication ban should be entitled to costs if the motion is not successful.

Unprecedented lawsuit pits big firm against 150 other Canadian lawyers

Courthouse Libraries of BC — Wed, 02 May 2012 18:30:00 GMT

The Globe and Mail reports that Cassels Brock, defendant in a $750-million class-action suit launched by more than 200 former GM car dealers against General Motors of Canada Ltd, is cross claiming against all the lawyers who provided independent legal advice to those dealerships.

April 2012 BC Civil Appeals Netletter

Courthouse Libraries of BC — Tue, 01 May 2012 21:30:00 GMT

The third edition of the BC Civil Appeals Netletter by Peter R. Senkpiel and Joel V. Payne is now available. This month's netletter looks at decisions of the Court dealing with important questions on the standard of review in defamation cases, the discretion to deny leave to appeal from an arbitration award, the validity of waivers of liability, and solicitor-client privilege.

It also includes "how judges think"—a question arising from retired Supreme Court of Canada Justice Ian Binnie's recent interview with The Globe and Mail.