Monthly Archives: February 2015

Charities Forum 2015

We co-hosted Charities Forum 2015 today with Vancouver Foundation. It was a great success with over 150 attendees. Industry experts discussed key issues facing charities and gift planning.

Read full article

Gratis wi-fi i kommuner

Teleselskaberne havde anført, at det var deres opfattelse, at det påtænkte projekt med gratis wi-fi ville indebære, at kommunen blev udbyder af internetadgang i kommunen i konkurrence med teleselskaberne, og at det ville være konkurrenceforvridende over for teleselskaberne, idet kommunen fuldt ud ville finansiere udbuddet og stille det gratis til rådighed.

Read full article

Two for Tuesdays: Promoting Your Content

Staying with our theme of content marketing, today, I want to look at what happens once you’ve produced your content. It’s not enough just to write, present or produce something smart and insightful – you’ve also got to promote it.

That may feel a little bit icky, but it’s important – it’s not about tooting your own horn; it’s about making your content available to those who may not be able to find it otherwise. And there are ways to do it without being pushy or obnoxious (which is very important). 

Read full article

Website Users May be Bound by Contract Terms

Century 21 Canada Ltd. Partnership v. Rogers Communications Inc., 2011 BCSC 1196

A treatise on browsing, indexing, scraping and republishing internet content.

A case that brought to the forefront of Canadian law “browse wrap” agreements, indexing and scraping of content by search engines generally, and vertical search engines specifically, was the 434 paragraphtour de force judgment of the B.C. Supreme Court in Century 21 Canada Ltd. Partnership v. Rogers Communications Inc., 2011 BCSC 1196. The plaintiffs were Century 21 (a real estate agency) and two of its realtors. Century 21 developed a website where it published real estate listings generated by the realtors, including property information, prose description and photographs. On the other side of the dispute was Rogers and its subsidiary Zoocasa, which referred to itself as a “vertical search engine” that “scraped” and aggregated real estate listings and other related information from different sources, including from websites of real estate agencies like Century 21. Although the court found that “scraping” was not yet a universally accepted term of art, it generally accepted the following distinction between indexing and scraping:

Read full article

Contract Enforceability is a Matter of Substance over Form

Hoban Construction Ltd. v. Alexander, 2012 BCCA 75

Does a handwritten document, hastily drafted and signed in a gravel pit, constitute a legally binding contract?

The parties to the action had known each other for some time before they went into business together. The parties invested in the Malakwa Mill, which was involved in the production of wood veneer. Later, the appellants, using the notice provisions of a unanimous shareholders agreement (“USA”), advised the respondent that it wished to sell its shares in the business venture. A crude, handwritten document, parts of which were not decipherable by the trial judge, served as the alleged agreement to purchase the appellants’ shares. The respondent refused to complete the share purchase and, ultimately, the appellants sold their shares for a much lower amount to other purchasers. The appellants sought the difference, some $600,000, from the respondent.

Read full article

Forum Selection Clauses Govern

Preymann v. Ayus Technology Corporation, 2012 BCCA 30

The latest word on the enforceability of forum selection clauses.

The issue on this appeal was the enforceability of a forum selection clause in which the parties chose Austria as the forum in which to resolve any disputes arising from their agreement.

The chambers judge held that BC had territorial competence but declined jurisdiction due to the forum selection clause. Accordingly, the action was stayed.

Read full article

The Obligation of Good Faith on Derivative Applications Narrowed

Holdyk v. Adolph, 2012 BCCA 37

Does the intention to wind up a company demonstrate a lack of good faith for those seeking to bring a derivative action?

This is an appeal from a dismissal of an application for leave to commence a derivative action. The main allegation by the appellant was that a bank account had been opened by the respondents using forged documents and then roughly $340,000 was diverted or withdrawn within a couple of months. The appellants sought to bring an action in the name of the company for this loss.

Read full article

The Court of Appeal Settles the Priorities between Lien Claimants and Mortgagees

Bank of Montreal v. Peri Formwork Systems Ltd. 2012 BCCA 4

The latest word from the Court of Appeal on priorities between lien claimants and mortgagees and their receivers.

This Court of Appeal decision relates to an incomplete construction project in Squamish known as “Coastal Village”. The Bank of Montreal was the lead lender on the construction project and, as of June 30, 2009, just over $29 million was owing to the bank. Demand was made and shortly thereafter the owners of the project obtained a stay under the Companies Creditors Arrangement Act (the “CCAA”).

Read full article
ILN Today Post

ADC completes inquiry into anti-circumvention activity in relation to aluminium extrusions

The Anti-Dumping Commission (“ADC”) has completed its inquiry into the alleged anti-circumvention activity of five importers (“Importers”) of aluminium extrusions exported by Pan Asia (“Goods”), which have allegedly avoided the intended effect of the duty imposed on certain aluminium extrusions imported from China.

The findings set out in the ADC’s Final Report (“Report”), include that:

  • goods subject to dumping and countervailing duties were exported to Australia from a country to which the notice applied; and
  • the Importers sold the Goods in Australia without increasing the price commensurate with the amount of the duty payable under the Dumping Duty Act (by way of selling the goods at a loss). More…
Read full article
ILN Today Post

Gobierno acusa a Metrogas de “inflar” sus costos para reducir rentabilidad

Fecha de publicación: febrero 4, 2015El 36% de los activos declarados por la distribuidora corresponden a inversiones en equipos de los usuarios.

Fuente: Diario Financiero

1344566105_pdf Gobierno acusa a Metrogas

 

Read full article