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Article By Johannes Schenk

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Double costs analysis against ICBC

by Johannes Schenk / On April 21, 2016 / In Litigation

2016 BCSC 649 Arsenovski v. Bodin outlines a double cost recovery analysis in a heated piece of litigation with multiple settlement offers. The case is useful because its not often that you see an extended judgement devoted to cost recovery.

Injunction: stay granted against a local authority

by Johannes Schenk / On April 19, 2016 / In Litigation, Municipal Law

2016 BCCA 160 Cowichan Valley Regional District v. Cobble Hill Holdings concerns injunction stays. The outcome in this case appears to buck a developing trend in which the Courts defer to local government discretion. The injunction was granted by the…

Charter Does Not Apply to University Outdoor Spaces

by Johannes Schenk / On April 19, 2016 / In Human Rights Law, Municipal Law

2016 BCCA 162 BC Civil Liberties Association v. University of Victoria concerns the application of the Canadian Charter of Right and Freedoms to pseudo-governmental decision making. In this case the BC Court of Appeal has said that the control of…

Courthouse Camping

by Johannes Schenk / On April 6, 2016 / In Litigation, Municipal Law

2016 BCSC 584 British Columbia v. Adamson, concerns the occupation of the Victoria Courthouse grounds. Well, for now it's okay. The analysis is based on an RJR tri-partite injunction test. The Court found that there was no irreparable harm and…

BC analysis for land claims based on adverse possession

by Johannes Schenk / On April 5, 2016 / In Municipal Law

2016 BCCA 113 Mowatt v. British Columbia (Attorney General) is a very interesting case on the matter of an adverse possession land claim involving longstanding historical evidentiary facts.

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