Presented by Brad Martyniuk, November 2011
Lindsay Kenney Partner lawyer, Brad Martyniuk, presented a training session at the recent Certified Fraud Examiners Association in Vancouver, BC on Nov. 23, 2011.
Articles & News
Hit and Run Accidents – The “Reasonable Efforts” Test
By Tiffany Tsang, February 2012
In B.C., individuals who have been injured in hit-and-run accidents can make a claim to ICBC for compensation if they comply with the statutory requirements under section 24 of the Insurance (Vehicle) Act.
The Oppression Remedy and Just and Equitable Dissolution
By Chris Martin and Jonathon Fung, January 2012
When a shareholder or “an appropriate person” feels that the affairs of a company are being conducted in a manner that is oppressive, or that an act of the company done or threatened is unfairly prejudicial, that person may make an application for a remedy pursuant to section 227 of British Columbia’s Business Corporations Act.
Canadian Disclosure Obligations and the European Union Privacy Directive
Presented by Patricia Armstrong, Jonathan Fung, January 2012
It is an important task of every litigator to consider the balance between the competing interests of the protection of personal privacy and a party’s disclosure obligations.
Who’s in Charge? The Right to Control Litigation in a Subrogated Claim
By Johanna Stein, December 2011
The 2011 Ontario decision of 2011 ONSC 1870 – Zurich Insurance Company Ltd. v. Ison T. H. Auto Sales Inc. results from an application by Zurich for an order granting it carriage and control of the insured’s action.
Richard B. Lindsay Q.C.Exceptional Young Lawyer Award
The Richard B. Lindsay, Q.C. Exceptional Young Lawyer Award is presented by the Canadian Defence Lawyers organization recognizing exceptional contributions by a Young Lawyer member of CDL.
Reduction in Damages for Failure to Mitigate
by Jesse Halperin, November 2011
Mitigation is an important principle in negligence law. It places a positive duty on a wronged plaintiff to take all reasonable steps to mitigate or minimize the damage caused by the defendant’s negligence.
When Careless Driving is a Criminal Act
by Chris Hope, November 2011
Civil Negligence versus Criminal Negligence
A motor vehicle can be a dangerous thing when driven carelessly or dangerously.
Postponement of Limitation Periods
by Carmen Tham, October 2011
The Limitation Act, R.S.B.C. 1996, c. 266 sets out the limitation period for which a plaintiff must commence an action in British Columbia. In most cases involving injury to a person, including economic loss …
Changes to Enduring Powers of Attorney (RSBC 1996, c. 370)
by Nicholas Safarik, Erin Easingwood, October 2011
On September 1, 2011, certain provisions of the Adult Guardianship and Planning Statutes Amendment Act, 2007 (the “Act”) came into effect, resulting in amendments to various statues relating to incapacity planning, including the Power of Attorney Act (the “POAA”).
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