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Archive for the ‘Default Judgments’ Category

Logical Consequences – When “must” means may and “may” means must

Logical Consequences – When “must” means may and “may” means must

Getting legal advice on how a statute, regulation or contract is likely to be interpreted by a court is usually a sound idea on any significant business decision.  What may appear straightforward  is not always as non-lawyers would expect.  For example, in some cases, the word “may” is used.  Usually, that would set out the something was permissible, not that it was required.  But context […]

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Penner v Niagara (Regional Police Services Board)

Penner v Niagara (Regional Police Services Board)

Penner v Niagara (Regional Police Services Board) How open and accessible are the courts — should administrative tribunal decisions always bar relitigating issues in parallel civil court proceedings? On April 5, 2013, the Supreme Court of Canada dealt with an unusual situation involving access to justice and civil procedure in Penner v. Niagara (Regional Police Services Board), 2013 SCC 19.  The Ontario courts had struck […]

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Action Dismissed in Veritas v Energulf

Action Dismissed in Veritas v Energulf How long a delay is too long where a party thwarts discovery of triable issues and holding a fair trial is actually prejudiced? On April 11, 2013, in Veritas Geophysical (Nigeria) Limited v. Energulf Resources Inc., 2013 BCSC 630, the BC Supreme Court dismissed an action with costs on grounds of want of prosecution.  Robert D. Holmes, Q.C., was […]

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Successful Appeal in Kilderry v Addwest

Successful Appeal in Kilderry v Addwest

Successful Appeal in Kilderry v Addwest Does B.C. have jurisdiction over a dispute involving an investment by foreign parties in a foreign mine where the only connections to B.C. are that one of parties previously lived here and a corporation added to the case is the ultimate parent of the company that owned the mine? On February 25, 2013, the BC Court of Appeal allowed […]

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Interesting Information on Pre-Judgment Interest

Interesting Information on Pre-Judgment Interest

Interesting Information on Pre-Judgment Interest 1hourpaydayloansnow.com By John W. Bilawich, Holmes & Bilawich Pre-judgment interest is admittedly not, at first blush, the most scintillating subject, but there are some aspects of which counsel should be aware when prosecuting or defending a claim which can make a significant monetary difference to your client.  This article focuses on pre-judgment interest claims in the context of debt and […]

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Dismissal for Want of Prosecution – Should I Apply Before the Limitation Period Expires?

Dismissal for Want of Prosecution – Should I Apply Before the Limitation Period Expires?

Dismissal for Want of Prosecution – Should I Apply Before the Limitation Period Expires? By John W. Bilawich, Holmes & Bilawich The object of the Supreme Court Civil Rules is to secure the just, speedy and inexpensive determination of every proceeding on its merits.  Our civil justice system relies on the parties to set the pace at which a proceeding is prosecuted, subject to the availability […]

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Beyond Miracle Feeds – Another Approach To Setting Aside Default Judgments

Beyond Miracle Feeds – Another Approach To Setting Aside Default Judgments

John W. Bilawich, Holmes & King Faced with the daunting task of applying to set aside a default judgment, the commonly cited authority is the decision of Mr. Justice Hinds in Miracle Feeds v. D. & H. Enterprises Ltd., [1979] B.C.J. No. 1965, 10 B.C.L.R. P 58.  It establishes a four part test … three really, since the fourth step simply addresses mode of proving […]

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