Alexander Holburn

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

Keep reading

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 …

Keep reading

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 …

Keep reading

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

Keep reading

Case Comment: Northwest Waste Solutions v. Accili

On January 29, 2016, the Supreme Court of British Columbia issued reasons for judgment in Northwest Waste Solutions v. Accili, 2016 BCSC 115. The case provides important guidance to litigants in multi-party litigation where a plaintiff has agreed …

Keep reading

Case Comment: Garcia v. Tahoe Resources Inc.

The Supreme Court of British Columbia recently issued reasons for judgment in Garcia v. Tahoe Resources Inc. (“Garcia”).* Madam Justice Gerow granted the application of the defendant, Tahoe Resources Inc. (“Tahoe”), and ordered that the litigation be stayed …

Keep reading

Obtaining Evidence in British Columbia: Some Practical Points to Consider

From time to time, litigants in jurisdictions outside British Columbia discover that a key witness or some important documents are located in British Columbia – outside the jurisdictional reach of the court in which they are litigating. Occasionally, the witness …

Keep reading

Time to Pay the Piper – Enforcing Foreign Judgments in British Columbia

Given the increasing amount of cross-border economic activity in the age of globalization, it is not surprising that the victorious litigant often finds that the debtor has no assets within the jurisdiction capable of satisfying a judgment. Fortunately, many jurisdictions …

Keep reading