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New Rule Change on Document Discovery Will Affect Litigants’ Rights and Counsel’s Ethical Responsibility

New Rule 7-1 will replace existing Rule 26(1) by mandating a two-step process for obtaining discovery of documents. This will, no doubt, have a significant impact on counsel’s role in the discovery process and on legal ethics governing that role. … More

Empowering Canadian Corporations to Limit Personal Liability of Directors

It is in the interests of society to foster a business environment in which corporations can achieve their primary objectives of raising capital, expanding earnings and improving profitability. To that end, it is necessary to attract directors who are highly … More

Uncertanties Inherent in Synthetic CDOs/Credit Default Swaps

As instances of default under collateralized debt obligations (CDOs) rise, uncertainty over the resolution of eventual disputes takes on increasing significance for parties to derivatives investments. Nowhere is this better demonstrated than in the enforcement of rights under credit default … More

Demand Futility in Derivative Action Cases

When seeking leave to commence a derivative action for and on behalf of a corporation, a core requirement1 is that the complainant demonstrate that (s)he has made demand upon the directors of the corporation to prosecute the claim. At first … More

Removing, Adding or Substituting a Party After Judgment or a Final Order: Can it be Done, and When?

Rule 15(5) of the Rules of Court governs the adding, removing or substituting of a party at any stage of a proceeding in British Columbia. While there is much common law generated in court decisions interpreting and applying the said … More