Privacy breach by your rogue employee: Are you liable?

Collecting, storing, and using personal information is often the key to developing and delivering individualized products and services in our current economy. As consumers, businesses, and service providers alike become increasingly comfortable using electronic platforms to exchange or store personal …

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Raibex Canada Ltd. v. ASWR Franchising Corp.: A Victory for Franchisors

Rescission Rights under Franchise Legislation: The Backdrop to Raibex

Section 6 of the Ontario Arthur Wishart Act (Franchise Disclosure), 2000 (the “AWA”) grants franchisees the right to rescind a franchise agreement under two circumstances:

1. section 6(1) of …

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Derivative actions under the Societies Act (BC): what are they, why are they important, and what do they mean to my society?

Societies incorporated in British Columbia should take caution: since November 28, 2016, there has been a new and potentially powerful remedy that may be used in the context of British Columbian Societies.

This remedy, known as the derivative action, has …

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Facebook’s Terms of Use does not give California Court jurisdiction over the privacy rights of British Columbians

All users of Facebook agree to its Terms of Use as part of the registration process.  When doing so, users agree to submit to California courts when litigating any claim arising, and that the laws of California will govern.  Hence, …

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Ensuring that the new Societies Act (B.C.) does not have you headed to the Courtroom

Now is the perfect time for societies incorporated in British Columbia to consider how to avoid a new kind of court challenge that members can now bring under section 102 of the Societies Act, S.B.C. 2015, c. 18, which came …

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Here’s what you need to know about British Columbia’s new franchise law

On February 1, 2017, the Franchises Act S.B.C. 2015, c. 35 (the “Act”) came into force in British Columbia.

What this means for franchising in British Columbia:

The most important implication for franchisors with operations in BC will be the …

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Electronic document discovery in commercial litigation

One of the key components of conducting civil litigation in British Columbia is the production and discovery of documents by each of the parties to  the lawsuit. The parties are required, both at common law and under British Columbia’s Supreme

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Double security for lien claimants?: The Stuart Olson decision

On September 18, 2015, the Supreme Court of Canada issued reasons for judgment in Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, 2015 SCC 43. While in many respects the decision simply confirmed the remedies available to …

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Alternative Dispute Resolution: Some Practical Considerations

Many commercial agreements contain dispute resolution mechanisms, such as mandatory mediation or binding arbitration. These types of provisions appear with increasing frequency as an alternative to the traditional litigation process for settling business disputes. While these types of mechanisms can …

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My Tenant Owes Me Rent – What Can I Do?

A commercial tenant falling into arrears is unfortunately a not-infrequent occurrence. Faced with a non-paying tenant, commercial landlords have a number of options to enforce their rights.

First, the landlord can distrain for the arrears pursuant to the Rent Distress

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