BCLI Recommendation Implemented: Abolition of the Shimco Lien 

Change rarely happens overnight, and sometimes law reform is no exception. Two decades after BCLI first recommended the abolition of the Shimco lien, Bill 20, the Construction Prompt Payment Act, brings that recommendation closer to reality. The BCLI team is always pleased when our recommendations are implemented, and in the case of this change, it is so personally gratifying that one of our BCLI project committee members has penned a limerick to mark the occasion.   In Read more…

Not in Canada You Say? – Mark Zuckerberg Dodged Corporate Officer Liability Under US Law– What if he’d been sued in Canada?

In both Canada and the U.S., Meta and other social media companies are being sued for allegedly designing their algorithms to produce addictive usage by children and adolescents. In the legal action started in Canada by the Toronto District School Board, only social media companies are being sued, not any individuals.[1] In contrast, some of the American plaintiffs consisting of parents, school boards, and a few state attorneys-general initially sued Mark Zuckerberg personally as well Read more…

Is Airspace Property?

What rights does an owner of land have in the airspace above the land? The answer to that question has a great deal to do with the degree of control an owner can exert over the aerial activities of others, whether they are aviators, balloonists, trapeze artists, or a contractor whose crane in the adjacent building site occasionally swings over the owner’s house. The answer, however, is murky at best. An ancient Latin maxim states Read more…

NS Supreme Court denies injunction despite finding applicant had a strong prima facie case

In Court v Court, 2025 NSSC 303, the Supreme Court of Nova Scotia found that an applicant wasn’t entitled to a pre-trial injunction despite having a strong prima facie (= “at first sight”; based on a first impression) case. The Nova Scotia decision is an interesting example of how a court in another Canadian province applies the three-stage test set out in RJR-MacDonald Inc. v Canada (Attorney General), [1994] 1 SCR 311, 1994 CanLII 117 Read more…

Reliance on hearsay, breadth of order lead BC Court of Appeal to deny ministry’s request for a permanent injunction

British Columbia (Ministry of Social Development and Poverty Reduction) v Choquette, 2025 BCCA 333, involved an appeal by the ministry from a chambers judge’s decision to reject a claim for a permanent injunction. The appeal largely turned on the application of section 42 of the Evidence Act—which sets out the business-records exception to hearsay evidence. The court also expressed uneasiness with the broad scope of the order sought by the ministry. The case involved an Read more…