BC Business Disputes 2016

Course Date: November 18, 2016

Total: 5h 24min


Shareholder Remedies

  • reminder of lesser known remedies
  • update on oppression cases
  • update on derivative actions

Michelle T. ManiagoBorden Ladner Gervais LLP, Vancouver
Stephen T. C. WarnettBorden Ladner Gervais LLP, Vancouver

Commercial Real Estate Disputes

  • have escalating property values changed litigation around the Real Estate Development Marketing Act?
  • what rights does the property owner retain when granting an easement?
  • nuisance and expropriation – when is an interference unreasonable in the face of an important public purpose?

Wendy A. Baker, QCMiller Thomson LLP, Vancouver


  • the role of reliance in misrepresentation: controversies and the current state of the law
  • review of recent jurisprudence on statutory causes of action in misrepresentation, particularly under the Business Practices and Consumer Protection Act and the Securities Act, with a focus on the use of statutory misrepresentation in class proceedings
  • misrepresentation vs. the duty of honesty in contractual performance: the relationship between Bhasin v. Hrynew and traditional causes of action in misrepresentation

Ludmila B. Herbst, QCFarris Vaughan Wills & Murphy LLP, Vancouver
Catherine George — Farris Vaughan Wills & Murphy LLP, Vancouver

Networking Break

Professional Liability

  • duties owed by professionals to third parties
  • how the standard of care analysis deals with errors in judgment
  • causation issues after Clements v. Clements

Craig P. Dennis, QCDentons Canada LLP, Vancouver

Damages and Other Remedies

  • common law damages vs. other monetary compensation
  • the distinction between damages in contract and tort
  • assessment principles in commercial cases

Janet L. GartnerGudmundseth Mickelson LLP, Vancouver
Scott A. TurnerBurns Fitzpatrick LLP, Vancouver

Networking Lunch

Unjust Enrichment

  • is there still a cause of action for money had and received?
  • is there a difference between ‘money had and received’ and ‘unjust enrichment’?
  • why do basic questions of nomenclature continue to bedevil the courts?

Geoffrey B. Gomery, QCNathanson, Schachter & Thompson LLP, Vancouver

Contribution and Apportionment

  • overview: principles and development of legislation
  • Negligence Act — ss. 4 and ss. 1
  • apportionment of "fault"
  • settlement considerations

Beth AllardBull Housser & Tupper LLP, Vancouver

Intellectual Property Disputes

  • trade-marks: infringement, passing off, genericide, and upcoming legislative changes
  • copyright: nature of protection, legal and moral rights, infringement, and exceptions
  • remedies: damages, accounting of profits, injunctive relief, and criminal sanctions

Mark E. Fancourt-SmithLawson Lundell LLP, Vancouver

Networking Break

Breach of Confidence

  • common forms of breach of confidence claims
  • the proper way to analyze remedy
  • key case analysis

James MacInnisNathanson, Schachter & Thompson LLP, Vancouver

Interference with Business Relationships

  • interference with breach of contract
    • elements of the cause of action
    • defenses: advice, justification
  • the unlawful means of tort
    • clarification of the law from Al Enterprises Ltd. v. Bram Enterprises Ltd. ("Bram")
    • what constitutes an unlawful act
    • the requirement of intention
    • cases subsequent to Bram

Kenneth J. IhasRush Ihas Hardwick LLP, Kelowna