Let’s Be Fair Here – Interpreting the Duty of Fairness in Franchisor-Franchisee Relationships

The new BC Franchises Act came into full effect on February 1, 2017. As set out in a previous article, section 3 of the new BC Franchises Act confirms the existence of a duty of fair dealing among the parties to a franchise agreement.

Canada’s Military Operations against ISIS in Iraq and Syria and the Law of Armed Conflict

The starting point for any discussion about the use of force in an armed conflict against a terrorist group like Islamic State in Iraq and Syria (ISIS; also known as ISIL) is identifying the legal basis justifying the use of force.

Transition Rules Flowchart for the new Limitation Act

The flowchart, published by the Ministry of Justice, is intended to support to the transition to the Limitation Act that came in to force on June 1, 2013. A limitation period is the time limit for starting a lawsuit to enforce a legal right or remedy. Failing to start a lawsuit before the limitation period expires is fatal to a claim. Determining when a limitation period starts running is a complex question. If you have a legal claim and you are unsure about when the limitation period expires, seek the advice of a qualified lawyer. For more information contact: Paul G. Mendes at PGM@LMLAW.CA or call 604-685-4894.

Requests for Proposals: From Level Playing Field to Legal Minefield

This article reviews the law governing Requests for Proposals, from its origins in the law of tendering to the 2006 decision in Tercon Contracting v. British Columbia.

Submission to the Attorney-General of British Columbia on Joint and Several Liability

This paper reviews the law of joint and several liability throughout common law jurisdictions and argues against the repeal of this doctrine in British Columbia. It was presented in response to the Attorney-General of British Columbia’s 2002 Civil Liability Review initiative, which proposed several reforms to limit the liability of defendants in complex, multiparty litigation.

Submissions to Ministry of Attorney-General Regarding White Paper on Limitation Act Reform

This written submission was made on November 15, 2010 in response to an invitation for comments on proposed changes to the Limitation Act. The author’s critique plans to reduce the “ultimate limitation period” from 30 years to 10 or 15 years, a change that would prejudice homeowners.

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