Recently, the Supreme Court of Canada issued their decision in the Jesuit Fathers of Upper Canada v. Guardian Insurance Co. of Canada case, concluding that the Guardian Insurance company was under no duty to defend the Jesuit Fathers of Upper Canada against claims of sexual abuse. The Jesuits operated and administered an Indian residential school…
Recently, the Saskatchewan Court of Appeal attempted to shed light on how the objective reasonable person understands the Bible, and in particular, whether the Bible is capable of being hate speech. In June of 1997, in response to an upcoming gay pride week, Hugh Owens decided to publish the first of what was to be…
Does your business issue invoices requiring the payment of interest on outstanding arrears? Do those terms match a current and valid credit agreement between your business and the customer? Although you may think that you are entitled to interest at the rate stated on your invoice, the recent case of a wood supplier and cabinetmaker indicates…
The recent case of a homeowner and contractor demonstrates, yet again, why contractors, even on small jobs, should make sure that they cover off basic contractual points in writing. The alternative: rough justice. FACTS On April 30, 2002, Ms. Ford and Mr. Chan met and agreed verbally that Chan would build an English country garden…
The anticipated decision of the British Columbia Human Rights Tribunal was handed down on November 29, 2005 in the case involving the Knights of Columbus refusal to allow their hall to be uses by a homosexual couple for a celebration of their marriage. This much anticipated ruling is a ‘must read’ for those religious groups…
The Supreme Court of British Columbia recently re-defined “adultery”. Traditionally, there has been a reasonably clear definition and understanding of adultery for the purposes of obtaining a divorce (the Divorce Act, section 8, states that a spouse may seek an immediate divorce based on the grounds of adultery). It was limited (based on the traditional…
A long hot summer resulted in some different Court decisions. But the very recent British Columbia case (July 2005) involving an African hunting safari of exotic game and a taxidermist is evidence that the law, even when applied to strange facts, can bring about just results. FACTS In this case three men travelled to Zimbabwe…
Deeply held religious faith permeates every sphere of life. Spiritual people cannot effectively segregate their religious belief from their mundane, daily life. As has been discovered by Chris Kempling, when one’s religious beliefs contradict secular values, full participation in the life of one’s community can be jeopardized. On June 13, 2005 the B.C. Court of…
Does defective work always result in liability? A recent case between a homeowner and a contractor shows that a contractor may not necessarily be liable for damage to a new home. FACTS In this case the homeowner purchased a building lot and hired the contractor to build a custom home. Within two years after construction…
The political machinations around the redefinition of marriage by the federal government have been fascinating to watch. The Liberal minority government appears to still be committed to passing the legislation. Irwin Cotler, the Justice Minister has met with Liberal back-benchers to try and assuage their fears, but at least publicly says that the legislation will…