Blog Archives

Austeville Properties Ltd. v. Josan et al.: Exploding Taco Del Mar makes for Interesting Application of the Corporate Identification Doctrine and New Law on Insurance Covenants

By Samantha Ip & Sean Tessarolo (respectively counsel and articled student for the corporate tenant at trial)

Many in Vancouver will remember when the Taco Del Mar restaurant on West Broadway exploded in the early morning hours of February 13, 2008. That explosion resulted in damage to the office building which contained the Taco Del Mar and to buildings across the street. Austeville Properties Ltd. v. Josan et al., 2016 BCSC 1963 is an action that arose out of the efforts of the landlord’s insurer to recover over $3 million paid out to the landlord for property damage repairs and business interruption losses arising from that explosion. The landlord’s insurer brought a subrogated action in the name of the plaintiff landlord against its corporate tenant and several other individuals including the only two directors of the corporate tenant, Mr. and Mrs. Nandha.

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Interlisting on US OTCQX (Premier Market) About To Get Much Easier: and We Can Help!

By Bernard Pinsky

OTC Markets Group has published proposed amendments for qualification rules to list on the OTCQX for all companies, including Canadian and other International public companies. These rules are scheduled to become effective on January 1, 2017.

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Clark Wilson LLP launches online system to help investors complete subscription agreements

By Victor Dudas

While being a public company is not easy, issuers accept the added costs and challenges because of the added benefits, like liquidity and increased access to capital.

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Clark Wilson acts for PIRET in closing $143.8 million bought deal

Clark Wilson acted for Pure Industrial Real Estate Trust (PIRET) (TSX: AAR.UN) in closing its public offering of 26,875,500 trust units, on a bought deal basis, for total gross proceeds of $143,783,925. Vikram Dhir and James Speakman led the Clark Wilson team. See PIRET’s news release for more information.

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BC Franchises Act and Regulations

On October 3, 2016, the Franchises Act and related regulations were approved by the BC provincial cabinet. The act and regulations are effective February 1, 2017, at which time all franchise parties must comply with the new requirements.

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Insurers Take Note: Special Costs Awarded for Coverage Denial Despite No Reprehensible Conduct

by Raman Johal

For the first time in BC, a Court has decided that an insured is entitled to special costs, rather than the lower tariff costs, solely because they were successful in a coverage action against their insurer.

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BC Executor’s Guide to Probate and Estate Administration

The Canadian Association of Gift Planners (CAGP), Greater Vancouver Area Chapter has launched their BC Executor’s Guide to Probate and Estate Administration. This guide is prepared as a resource for the Executor of an estate where a charity is a beneficiary of a gift under a Will. It was produced with the assistance of Raman Johal of Clark Wilson LLP and is sponsored by the CAGP Greater Vancouver Area Chapter as part of its LEAVE A LEGACY™ initiative in British Columbia. To order this guide, click here.

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Raman Johal is new CBA BC, Wills & Trusts Subsection Chair

We are pleased to announce that Raman Johal has been appointed as Chair of the Wills & Trust – Vancouver Subsection by the Canadian Bar Association, British Columbia Branch. This subsection is concerned with all aspects of succession law and practice including wills, probate and administration, testamentary and inter vivos trusts, mental competency as it relates to succession, estate planning and adult guardianship, and necessary ancillary areas such as the Income Tax Act and the Land Title Act. Congratulations to Raman!

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BCLI releasing its Consultation Paper on Complex Stratas

With the publication today of its Consultation Paper on Complex Stratas, the British Columbia Law Institute’s Strata Property Law Project Committee is asking the public for its views on proposed reforms to the Strata Property Act and the Strata Property Regulation concerning sections, types, and phases. Our Pat Williams, the Committee Chair, explains, “Sections and types allow a strata corporation to manage cost sharing between groups of owners, while phases permit the development of a strata property in segments over an extended time.” The consultation is open until January 15, 2017.

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Clark Wilson on CLEBC’s Most Prolific Volunteers List

Clark Wilson would like to congratulate our lawyers, Diane Bell, Q.C., Veronica Franco, Mark Weintraub, Q.C. and Pat Williams for being mentioned on the Continuing Legal Education Society of BC’s Most Prolific Volunteers list from 1996 to 2016. They are dedicated volunteers and have participated in the areas of Alternative Dispute Resolution, Family Law, Strata Property and Estate Litigation.

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