Legal Insight
Current news, cases, and ideas affecting law and practice.

Clubine v. Paniagua [2018 CarswellBC 1798 (B.C. S.C.)] examines the effect of “After The Event Insurance”, or “Adverse Costs Insurance” on costs awards in British Columbia. ATE insurance is coverage purchased for the specific purpose of indemnifying the insured against expenses related to litigation itself. Often the policies are purchased after the event that is the subject of the litigation (such as an automobile accident) has occurred.

As with any trust, a valid will must satisfy the “three certainties”: certainty of intent to create the trust, certainty as to the subject-matter or property committed to the trust and certainty as to the objects of the trust or the purposes to which the property is to be applied.

Employee filed complaint under Employment Standards Code for vacation pay and holiday pay; employer contended that "vacation pay" in agreement also included holiday pay; umpire found this inconsistent with employer's obligations to keep records and provide written statement separating out vacation and holiday pay under Code

A bank was liable to the CRA where money was owed under the Excise Tax Act by a client of the bank. The bank had given the client a loan secured by real property; the client then sold the property and repaid the loan. Under the ETA, both the property and the proceeds of the property were held in a deemed trust for the Crown; the Court ruled that the ETA prevented the bank from relying on the defence of bona fide purchaser for value: 2018 FC 538

This excerpt from the updated Drainage (Western) title examines Canadian law with regards to British Columbia's Water Sustainability Act

The concept of “inducement” of an employee to leave secure employment involves a spectrum of facts

2018 ONCA 778; Bankruptcy and insolvency --- Companies' Creditors Arrangement Act — Miscellaneous