A "springing" power of attorney that only takes effect upon the mental infirmity of the donor is an enduring power of attorney for the purposes of s. 8(1) of the British Columbia Power of Attorney Act. Parnall (Attorney of) v. British Columbia (Registrar of Land Titles),  B.C.J. No. 347 (C.A.).
Absolute privilege applies both to the substantive content of a document issued in a court proceeding and to irrelevant details such as the path name printed at the footer of the document. Big Pond Communications 2000 Inc. v. Kennedy,  O.J. No. 820 (S.C.J.).
Where parties enter into two identical contracts, fundamental breach of the first by one party may constitute an anticipatory breach of the second relieving the innocent party of its obligations under the second contract. Trio Roofing Systems Inc. v. Atlas Corp.,  O.J. No. 707 (S.C.J.).
Rectification of a corporation’s records will not be granted where there is insufficient evidence of the existence of a common intention prior to the creation of the corporate records that is not reflected in the records. Wasauksing First Nation v. Wasausink Lands Inc.,  O.J. No. 810 (C.A.).
In determining whether to stay a winding-up proceeding, a court should consider, among other things, the interests of the creditors, the liquidator and the shareholders of the corporation and whether staying the liquidation will upset or undo the effect of the proceeding. Canada Deposit Insurance Corp. v. Commonwealth Trust Co. (In Liquidation),  B.C.J. No. 437 (S.C.).
An employee’s duty of fidelity not to directly compete with his or her employer extends to a period after which the employee has received notice of termination if the employee continues to work for the employer. Restauronics Services Ltd. v. Forster,  B.C.J. No. 430 (C.A.).
It's not often that our little blog intersects with such titanic struggles as the U.S. presidential race – and by using the term "titanic" I certainly don't mean to suggest that anything disastrous is in the future.
J.J. v. C.C., is an interesting case in which the court held that an automotive garage owes a duty to minor children to secure the vehicles on the premises by locking the cars and safely storing the car keys...
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
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