Publications

Northpoint Legal, March 14, 2017 – Introduction Generally, the rules of civil procedure mandate broad disclosure during the discovery process. The “rationale behind a broad discovery process is that it advances the due administration of justice” and helps to narrow the scope of the dispute by disclosing all of the fundamental issues.1 Broad disclosure rules also serve to reduce surprise, “leading...

Northpoint Legal, April 21, 2016 – British Columbia is in the process of rolling out a new dispute resolution mechanism for strata disputes and matters falling within the Provincial Court Small Claims jurisdiction ($25,000.00). The object of the Civil Resolution Tribunal (the “CRT”) is admirable. The aim is to provide convenient and cheaper access to justice through an online portal that...

Northpoint Legal, March 23, 2016 – Much ink has been spilled on the BC courts’ decisions in Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance Company.1  But the lion’s share of the commentary has focussed on the defect exclusion at issue in that case, known as the LEG 2/96 exclusion, and the finding that it did not exclude damage...

Northpoint Legal, September 22, 2014 – Expert evidence is getting considerable judicial attention recently. There is considerable concern that experts are not fulfilling their role as unbiased providers of assistance to the courts, and several Canadian jurisdictions have tackled the concerns in recent revisions to court rules. Examples include Ontario rule 53.03 and B.C. rule 11. Read more.