BC Supreme Court Finds Preserving Rule of Law “Paramount” in Walbran Valley Injunction Ruling 

In TsawakQin Forestry Limited Partnership v O’Connell, 2025 BCSC 1880, the British Columbia Supreme Court granted an interim injunction halting the efforts of a group of protestors who had blocked an access road near Carmanah Walbran Provincial Park on Vancouver Island. The blockade was constructed in protest to lumber harvesting activities by the plaintiffs, Tsawak-Qin Forestry Inc. and Tsawak-Qin Forestry Limited Partnership (collectively, “Tsawak-Qin”) and had prevented the plaintiffs and their contractors from accessing their Read more…

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…