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Articles by Jake Cabott
ONCA Weakens Entire Agreement Clauses In Contract Interpretation
Matthew Swanson’s articles from Borden Ladner Gervais LLP are most popular: with Finance and Tax Executives and Inhouse Counsel with readers working within the Healthcare, Property and Utilities industries Entire agreement clauses are often treated as a contractual safety net: once the definitive agreement is signed, prior drafts, negotiations, and understandings are meant to fall away.
ONCA Weakens Entire Agreement Clauses in Contract Interpretation
Entire agreement clauses are often treated as a contractual safety net: once the definitive agreement is signed, prior drafts, negotiations, and understandings are meant to fall away. Courts have long recognized limited exceptions to that rule, most notably the use of surrounding circumstances as part of the factual matrix to resolve genuine ambiguity in the contract’s language. In Project Freeway Inc.
Novel privacy claims and the limits of class action certification: RateMDs Inc. v. Bleuler, 2025 BC
On Sept. 22, 2025, the British Columbia Court of Appeal in RateMDs Inc. v. Bleuler, 2025 BCCA 329 issued its appeal decision setting aside the certification of a class action granted by the court below. Central to its decision were the Court of Appeal’s findings that the pleadings, which included a novel claim of violation of privacy, did not disclose a cause of action under the British Columbia Privacy Act.
Novel Privacy Claims And The Limits Of Class Action Certification: RateMDs Inc. v. Bleuler, 2025 BCCA 329
On Sept. 22, 2025, the British Columbia Court of Appeal in RateMDs Inc. v.
Real Estate Purchaser Protections Upheld: B.C. Court Of Appeal Confirms That A Purchaser's Lien Survives Despite An Alternative Claim For Recession
A certificate of pending litigation (CPL) is a powerful tool in the litigator's arsenal. It is often used in claims for specific performance and constructive trusts (both remedial and substantive) as a means to freeze title and prevent the owner from dealing with the property, as they otherwise might have. CPLs are available when the plaintiff claims an interest in land, and they are generally not available when the claim is for monetary relief. The recent case of 1332404 B.C. Ltd. v.
Real estate purchaser protections upheld: B.C. Court of Appeal confirms that a purchaser's lien sur
A certificate of pending litigation (CPL) is a powerful tool in the litigator’s arsenal. It is often used in claims for specific performance and constructive trusts (both remedial and substantive) as a means to freeze title and prevent the owner from dealing with the property, as they otherwise might have. CPLs are available when the plaintiff claims an interest in land, and they are generally not available when the claim is for monetary relief. The recent case of 1332404 B.C. Ltd. v.
No signature, no sale: The emoji that couldn’t seal the deal
In Ross v. Garvey, 2025 BCSC 705, the British Columbia Supreme Court was asked to determine whether a thumbs-up emoji was a valid electronic signature to a contract. This case follows closely on the heels of the “emoji case” South West Terminal Ltd. v. Achter Land, 2023 SKKB 116, in which in Saskatchewan courts found that a contract was “signed” using a thumbs-up emoji via text message Background The plaintiff, Daniel Ross, is a real estate developer and licensed realtor.
No Signature, No Sale: The Emoji That Couldn't Seal The Deal
In Ross v. Garvey, 2025 BCSC 705, the British Columbia Supreme Court was asked to determine whether a thumbs-up emoji was a valid electronic signature to a contract. This case follows closely on the heels of the "emoji case" South West Terminal Ltd. v. Achter Land, 2023 SKKB 116, in which in Saskatchewan courts found that a contract was "signed" using a thumbs-up emoji via text message (read our article discussing Achter Land here.
British Columbia Class Actions 2024 Year In Review
The year 2024 was another noteworthy year for class actions in British Columbia. In this article, we provide an overview of key developments and trends from 2024, and areas to watch in 2025. 1.
Diving Deeper Into The PPPA: Reynolds v Deep Water Recovery Ltd.
The Protection of Public Participation Act, S.B.C. 2019, c. 3 (the PPPA) creates a pre-trial procedure that allows a defendant to apply to the court for an order dismissing a proceeding that arises out of an expression on matters of public interest. But what happens when the proceeding deals with matters that not only involve expression on a matter of public interest but also separate, non-expressive acts and causes of action? This issue arose in Reynolds v.
Hansman v. Neufeld - SCC Decision Confirms That Certain "counter-speech" Is Deserving Of Protection - Libel & Defamation - Canada
The Supreme Court of Canada recently considered the statutory test to dismiss strategic lawsuits against public participation (SLAPPs) under British Columbia's Protection of Public Participation Act, S.B.C. 2019, c. 3 (PPPA). On May 19, 2023, the Court released its long-anticipated decision in Hansman v Neufeld, 2023 SCC 14.
Who owns an athlete’s biometric data, part two
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Who owns an athlete’s biometric data, part one
Jake Cabott Nikhil Pandey Les Honywill Performance-based biometric data derived from wearable technology is instrumental for athlete training, development and injury prevention. The value of data derived from wearable technology is rising both on and off the playing field. From team management making key personnel decisions to the rapidly burgeoning gambling industry, numerous industries, companies and individuals could benefit immensely from exclusive control over an athlete’s biometric data.
A Question For Another Day: Wastech, Vavlivov, And Arbitration Awards
Canada: A Question For Another Day: Wastech, Vavlivov, And Arbitration Awards 12 February 2021 by Jake Cabott and Jennifer Choi Borden Ladner Gervais LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. The question of whether the standard of review framework set out in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, applies to commercial arbitration is unclear.
Ontario And BC Courts Confirm Class Counsel Owe
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Game On: Reopening Sports And Recreation During COVID-19
To print this article, all you need is to be registered or login on Mondaq.com. Getting back to sports amidst an ongoing global pandemic is not an easy task. As the economy moves through the re-opening phase, there are a number of best practices that sports and recreation organizations, clubs, leagues and facilities should consider to limit their exposure to lawsuits, whether they are for-profit or not for-profit. Below are top risk management considerations for sports organizations. 1.
COVID-19, Sports And Waivers: How To Limit The Risk Of Legal Liability In The
Canada: COVID-19, Sports And Waivers: How To Limit The Risk Of Legal Liability In The "New Normal" 28 May 2020 Borden Ladner Gervais LLP To print this article, all you need is to be registered or login on Mondaq.com. Introduction Recreational and competitive sport activities came to a halt in mid-March with the arrival of the COVID-19 pandemic.
BC Court Of Appeal Declines To Include Ontario Residents In Settlement Class
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