Publications
This section contains many of our presentations and publications from before 2005. The materials are sorted by practice area. Just follow the links below to view our publications.
Please note that effective March 1st, 2005 Harper Grey Easton registered as a limited liability partnership (LLP) and changed its name to Harper Grey LLP. The publications in this section date back to before March 1, 2005 and so reflect the old firm name.
Administrative Law
Business Law
Construction Law
Corporate and Commercial Litigation
Environmental Law
Family Law
Health Law
Insurance Law
Securities Litigation and Regulation
Other Articles
Administrative Law
Boundary Issues
Harper Grey LLP Lawyer: William S. Clark
October 7, 2002
As a lawyer, it has always struck me that one of the most difficult tasks that psychiatrists must undertake relates to the appropriate management of boundaries within the
doctor-patient relationship.
Business Law
"Much Ado About Title Insurance", Vancouver Sun
Lately, we’ve been hearing more about title insurance in BC. American title insurance companies have been trying to push their huge, billion-dollar industry beyond U.S. borders into Canada.
"Real Estate Partners Need an Agreement", Vancouver Sun
Things can go wrong when people invest in real estate together without first addressing issues that almost invariably arise in the course of ownership. What you need is an agreement...
"When is a Lie Big Enough to get you Fired", Vancouver Sun
Should you be fired for stealing pens from your office? Is it OK to tell a white lie and book off sick so you can go skiing for a day? What if you do this five Mondays in a row?
"There's a lot in a Name for Business in British Columbia", Vancouver Sun
What’s in a name? Plenty, especially when it comes to choosing a name for your business. Large companies often spend millions of dollars trying to pick a company name or sponsor contests for that just-right name; fortunes are made on the reputation associated with a business name.
"Directors of Non-Profit Organizations Can Face Personal Liability", Vancouver Sun
Over 40% of Canadians who volunteer hold positions on boards and committees. Many, however, are probably unaware of the possible legal liability they face as directors.
"It's Time to Start Looking at Good Things Lawyers Do", Vancouver Sun
With the recent negative publicity surrounding lawyer Martin Wirick, who allegedly committed a massive multi-million dollar real estate fraud in cahoots with a client, it's perhaps easy to jump on the popular bandwagon and paint the whole legal profession with the same black brush.
But to do so is to commit a grave injustice against the vast majority of very decent, ethical, principled lawyers - who happen to do a lot of good.
"Preventive Law Aims to Head Off Problems Before Court", Vancouver Sun
A good lawyer has traditionally been regarded as someone who gets you out of a legal jam. Now there's a move afoot within the legal profession that is client-centered and goes a step further. Referred to as "preventive law", the idea is that instead of putting out fires, the focus should be on preventing fires from happening in the first place.
"BC Business Corporations Act: New Business Act to Offer More Flexibility to Firms", Vancouver Sun
Touted as a legislative measure for making the province a more attractive place to do business, the new Business Corporations Act, introduced on May 8th, will indeed offer more flexibility for BC companies. Twelve years in the making, it's the first significant update of the current BC Company Act since 1973.
"Community Charter Will Give P3's a Huge Lift", Vancouver Sun
Ever since the Campbell government announced its commitment to public private partnerships as a way for the province and local governments to provide roads, hospitals and other badly needed facilities, P3's have been much in the public eye. Recent polls suggest that, special interests aside, British Columbians grudgingly accept that P3's are necessary to provide facilities that a cash-strapped government cannot otherwise build.
"Commercial Leases: Bargain Hard Before Signing a Lease", Vancouver Sun
Deft negotiation can often net you a better deal than what's originally offered. You need to bargain carefully for those terms that will provide you with the most benefits in your particular situation.
"Who is Liable if a Customer Gets Sick?", Vancouver Sun
In Canada, we believe our food is safe. We don't expect to get sick from such an innocuous activity as eating. So, many of us were shocked when five people contracted Hepatitis A from eating food bought at Capers, a local institution. Then there was the additional scare that some patrons of a Vancouver restaurant might also get sick from contaminated lemon wedges in their drinks.
The question is - is Capers likely to be legally liable?
The answer may lie in part in an old landmark English case involving a Scottish shop assistant, May Donoghue.
"Passing Down a Business Need Not Be Recipe For its Failure", Vancouver Sun
Passing a business down the family tree is fraught with difficulty. Witness the high-profile feuds between the French fry Mcain brothers and Canadian Tire's Billes family.
"Enduring Powers of Attorney to Endure Beyond September 1", Vancouver Sun
British Columbians can breathe a little easier, now that their dying wishes will be easier to carry into effect.
On March 12th, thanks in large part to a vigorous campaign by local lawyers, the Attorney General announced that "enduring powers of attorney" will remain beyond September 1st, rather than being snuffed out.
Construction Law
Who Should Pay? Who Can Pay? The Impact of Joint and Several Liability on Leaky Condo Claims
Harper Grey LLP Lawyer: Christopher M. Rusnak
2002
Supreme Court of B.C. Decision in Swagger Construction Ltd. v. ING Insurance Company, Harper Grey Case Summary
Harper Grey partner Bruce Butler successfully represented our client before the B.C. Supreme in Swagger Construction Ltd. v. ING Insurance Company of Canada et al, 2005 B.C.S.C. 1269. Mr. Butler of our firm was counsel on behalf of ING, one of three insurers that opposed the Petitioner’s application for a declaration that the insurers were required to defend it in ongoing litigation involving construction deficiencies in a "leaky building".
Corporate and Commercial Litigation
"Business judgment cases differ in Ontario, Delaware", Lawyers Weekly
Harper Grey LLP Lawyer: John P. Sullivan
August 22, 2003
Delaware is arguably the most important jurisdiction for corporate law in the U.S. The Delaware state courts have recently handed down two important decisions on businesss judgement rule: Omnicare, Inc v N.C.S. Healthcare, Inc., [2003] DE-QL 288 in April which delt with the the rule in the corporate take-over context...
"The Developing Law on Internet Jurisdiction", The Advocate
Harper Grey LLP Lawyer: John P. Sullivan
July 4, 2003
Jurisdiction is fundemental to any legal system. It is the alchemy that transforms the opinion of a judge into an expression of the law.
"Internet Jurisdiction Decisions Diverge", Lawyers Weekly
Harper Grey LLP Lawyer: John P. Sullivan
January 10, 2003
December 2002 was one of the most important months ever for the developing law of jurisdiction over Internet activity.
Environmental Law
"British Columbia Environmental Management Legislation and Commentary (2007 Edition)", LexisNexis Butterworths
Harper Grey LLP Lawyer: Richard E. Bereti
February 2007
Contaminated Sites – Migration Between Properties
Harper Grey LLP Lawyer: Richard E. Bereti
February 2006
Insurance and Environmental Liabilities
Harper Grey LLP Lawyer: Richard E. Bereti
February 2006
"British Columbia Environmental Management Legislation and Commentary (2006 Edition)", LexisNexis Butterworths
Harper Grey LLP Lawyer: Richard E. Bereti
Environmental Management and Compliance
Harper Grey LLP Lawyer: Richard E. Bereti
November 2005
Directors and Officers Liability
Harper Grey LLP Lawyer: Richard E. Bereti
October 2005
Personal Liability of Company Directors, Officers and Employees under British Columbia’s Environmental Management Act
Harper Grey LLP Lawyer: Richard E. Bereti
October 2005
"Consultant Liability: Are Environmental Consultants Really “Exempt” from Liability when Working on Contaminated Sites?", Environmental Law Bulletin Harper Grey LLP
Harper Grey LLP Lawyer: Richard E. Bereti
October 2004
Consultant Liability: Are Environmental Consultants Really “Exempt” from Liability when Working on Contaminated Sites?
"Contaminated Sites and Migration", Environmental Law Bulletin Harper Grey LLP
Harper Grey LLP Lawyer: Richard E. Bereti
January 2004
This paper discusses the responsibility and liability provisions of British Columbia’s Waste Management Act1 (“WMA”) - carried over for the most part into the new Environmental Management Act2 (“EMA”) - from the perspective of victims of contamination due to migration from one property to another.
"The Slow Growth of Environmental Law in British Columbia", Environmental Law Bulletin Harper Grey LLP
Harper Grey LLP Lawyer: Richard E. Bereti
December 1, 2003
The development of environmental law in British Columbia can best be described as glacial in its progression.
"New Law is Coming to BC --What’s Old is New Again", Environmental Law Bulletin Harper Grey LLP
Harper Grey LLP Lawyers: Richard P. Attisha, Richard E. Bereti
October 2003
Since our previous Bulletin, BC has stepped to the brink of having a “new” statutory regime take effect. The Fall sitting of the legislature is just around the corner and is expected to see Bill 57 become law. It is still unlikely that the Contaminated Sites Regulation (CSR) will be replaced this year, although we may see a draft version of its proposed successor. In this article, we will revisit some of the principal liability issues contained in the Waste Management Act (WMA) that are expected to remain in place under the new Environmental Management Act (EMA), and will serve as a primer respecting these fundamental principles.
"The Polluted and Convoluted: Is Environmental Law in British Columbia Really Industry-Friendly?", Environmental Law Bulletin Harper Grey LLP
Harper Grey LLP Lawyer: Richard E. Bereti
June 2003
On May 13, 2003 the Government of British Columbia introduced Bill 57, a new and hopefully improved Environmental Management Act ("EMA"). The subsisting and highly ontroversial Waste Managment Act is intended to become, in essence, the EMA. The introduction of the EMA follows the province's recent, major review of environmental legislation
"B.C. Court of Appeal rulings and new legislative amendments settle contaminated sites controversy", Environmental Law Bulletins Harper Grey LLP
May 2003
The British Columbia Court of Appeal has settled a contaminated sites controversy that troubled trial courts for years. The question was this: What, if anything, did a party seeking to recover clean-up costs on a contaminated site according to section 27(4) of the Waste Management Act have to do before claiming against the parties responsible for the contamination? It was settled in two judgements issued by the Court on January 28—Workshop Holdings Ltd. v. CAE Machinery and No. 158 Seabright Holdings Ltd. et al v. Imperial Oil Limited et al.
"Business Beware: Upcoming Environmental Legislation Could Wreak Havoc on SMEs", Business Services West
Harper Grey LLP Lawyer: Richard E. Bereti
2003
Over the next few months, the Federal, Provincial and territorial governments across Canada will be monitoring how British Columbia implements revisions to its environmental clean up legislation - particularly in Saskatchewan, Alberta
and Manitoba.
"The New Sick Buildings: Toxic Mould and Other Horrors", Harper Grey LLP Law Bulletin
Harper Grey LLP Lawyer: L. Neil Matheson, Q.C.
2002
"Is Toxic Mould Making You Sick?", Vancouver Sun
With the growing awareness of the health problems associated with mould in homes and buildings, more people are starting to sue - and win.
Over 100,000 species of moulds exist; most people aren't affected by them. But when mould spores get wet, they can reproduce and grow, causing some people to suffer nasal stuffiness, eye irritation, coughing and other allergy-like symptoms.
Family Law
"Finding a Kinder, Gentler Route to Divorce", Vancouver Sun
How often does a divorcing spouse say to their soon-to-be-ex, "I want to finish this process with the same compassion, love and respect I had for you when we met"?
Not often.
Chances are pretty good, though, with something called a "collaborative divorce" - a kinder, gentler, new way for couples to split.
Health Law
"To Deduct or not to Deduct: the Treatment of Statutory Benefits in Canada", Annual Review of Civil Litigation" 2003
Published in the Annual Review of Civil Litigation 2003
Harper Grey LLP Lawyer: Karen F. Douglas
2003
"The Nuts and Bolts of Expert Evidence" Continuing Legal Education Paper on Experts in Personal Injury Cases
Harper Grey LLP Lawyer: Julie K. Gibson
2003
"Section 25 Deduction of Part 7 Benefits" Continuing Legal Education Paper on Personal Injury Damages
Harper Grey LLP Lawyer: Julie K. Gibson
2003
Insurance Law
Allocation of Coverage and Liabilities in Long Tail Claims, a paper for the 2007 CLE Insurance Law Conference
Harper Grey LLP Lawyer: Peter M. Willcock
Course Materials for CLE Insurance Law Conference 2007, January 1, 2007
This paper was written for and presented to the Continuing Legal Education Society's Insurance Law Conference 2007.
"Video surveillance can provide an important check against fraud", Lawyers Weekly
Harper Grey LLP Lawyer: Julie K. Gibson
December 8, 2006
"Cross-border integration creates complexities for Canadian", Lawyers Weekly
Harper Grey LLP Lawyer: Jonathan D. Meadows
April 7, 2006
"Swagger: Building the Business Risk Defence", Paper for the Canadian Defence Lawyers Association, Toronto
February 23, 2006
"Addressing the Modern Multi-Peril Policy", presentation to the Insurance Brokers Association of British Columbia
Harper Grey LLP Lawyer: Peter M. Willcock
June 17, 2005
"When can you recover funds paid to an insured?"
Harper Grey LLP Lawyer: Michael G. Thomas
June 2005
When can you recover funds paid to an insured? Some issues to consider when settling a disputed claim
"Insurance Law Update in British Columbia", Annual Review of Law and Practice (Continuing Legal Education Sociey of British Columbia), Author, 2002, 2003, 2004, 2005, 2006, 2007
Harper Grey LLP Lawyer: Peter M. Willcock
"Inferences of Negligence: Res Ipsa Loquitor", Harper Grey Insurance Law Seminar
Harper Grey LLP Lawyer: Nigel L. Trevethan
November 2004
Res ipsa loquitor, “or the thing speaks for itself” simply put, meant that if someone suffered a loss in circumstances where it appeared to be caused by an insured; the insured was liable unless he or she could establish that someone, or something else, caused the loss.
"Expert Witnesses in Personal Injury Cases", presentation for Continuing Legal Education Society of British Columbia
Harper Grey LLP Lawyer: Peter M. Willcock
May 2004
"Depression and Disability: A Primer on Predisposition", presentation for the Litigating and Defending Against Personal Injury and Disability Claims Insight Conference
Harper Grey LLP Lawyer: Jonathan D. Meadows
April 2004
The purpose of this paper is to discuss, in very general terms, issues which become relevant to claims involving predisposition to depression. The paper includes a basic review of various tools used in diagnosing mental disorders and psychological illness and the limitations of such tools. As well, issues relating to a psychiatric independent medical examinations are discussed. At the conclusion of the paper, a selection of legal decisions are reviewed where predisposition to depression has been considered by the court.
"Discovery Enterprises Inc. v. Ebco Industries Ltd: A Case Study", presentation for the Canadian Institute's Advanced Forum on Directors and Officers Liability
Harper Grey LLP Lawyer: John P. Sullivan
June 27, 2003
This presentation relates to the long running court battle between Discovery Enterprises Inc. (“Discovery”), the venture capital arm of the B.C. Provincial Government, and Ebco Industries Ltd. (“Ebco”), a B.C. private corporation which,
among other things, builds parts for the world aerospace industry in Richmond, B.C.
Securities Litigation and Regulation
"Recent Criminal and Quasi-Criminal Developments in Securities Litigation" for the Continuing Legal Education Society
Harper Grey LLP Lawyer: H. Roderick Anderson
April 2005
The purpose of this paper is not to provide an in depth analysis of the law in this area but to raise a number of practical considerations for counsel acting in securities related matters which may have the potential to result in criminal or quasi-criminal proceedings against the client in Canada or elsewhere.
"Defending the Honest Director", Harper Grey LLP Law Bulletin
Harper Grey LLP Lawyer: Bryan G. Baynham, Q.C.
December 2002
This article reviews one of the most significant BC Supreme Court cases with regard to directors & officers liability.
Other Articles
Causation in Medical Negligence Cases, A paper for the CBA/OBA National Health Law Summit, 2007
A paper for the National Health Law Summit
Harper Grey LLP Lawyer: Peter M. Willcock
January 1, 2007
Peter Willcock was a select presenter for the joint CBA/OBA health law conference, "Critical Issues in Health Law: A National Summit" in Toronto on May 4, 2007.
“Tell Me Where the Bomb is Or I Will Kill Your Son: Situational Morality on 24", Reading 24: T.V. Against the Clock, S. Peacock, ed., I.B. Tauris Publishers
Harper Grey LLP Lawyer: Co-author Sharon Sutherland
2006
"Raising the Bar: Brilliant Women Lawyers from Ann Kelsey to Miranda Hobbes", Geek Chic: Smart Women in Popular Culture, S. Inness, ed., Palgrave Publishers
Harper Grey LLP Lawyer: Co-author Sharon Sutherland
2006
"The Good, the Bad, and the Justified: Moral Ambiguity on Alias", Investigating Alias: Secrets and Spies, I.B. Tauris Publishers
Harper Grey LLP Lawyer: Co-author Sharon Sutherland
January 1, 2006
"Supervisory orders as Charter remedies - The impact of Doucet-Boudreau"
Continuing Legal Education paper for Suing and Defending the Government, 2006
“The Rule of Prophecy: Source of Law in the City of Angel”, Reading Angel: The TV Spin-off with a Soul, S. Abbott, ed., I.B. Tauris Publishers
Harper Grey LLP Lawyer: Co-author Sharon Sutherland
2005
"The Bright Line vs. The Bottom Line", Harper Grey LLP Law Bulletin
Harper Grey LLP Lawyers: Julie K. Gibson, Kimberly J. Jakeman
2005
In an important development since our articles titled "The Bright Line"1 and "Crossing the Line"2, the British Columbia Court of Appeal rendered judgment in 3464920 Canada Inc. v. Strother ("Strother")3 holding a corporate solicitor liable for damages that are potentially in excess of $32 million. The solicitor was found to have breached the "duty of loyalty" as articulated by the Supreme Court of Canada in R. v. Neil ("Neil")4...
Privacy Legislation in British Columbia - Personal Information Protection Act, Harper Grey Insurance Law Bulletin
Harper Grey LLP Lawyer: Barbara J. Norell
January 2004
Privacy Legislation in British Columbia - Personal Information Protection Act
"Insurance Law Update in British Columbia - 2003", Annual Review of Law and Practice (Continuing Legal Education Sociey of British Columbia)
January 2004
This paper summarizes notable British Columbia insurance decisions occurring in 2003.
"Crossing the Line: Courts apply Neil while The Law Society of B.C. considers an exception", Harper Grey LLP Law Bulletin
Harper Grey LLP Lawyers: Bryan G. Baynham, Q.C., Kimberly J. Jakeman
2004
In an article published last spring titled “The Bright Line,” we discussed the decision of R. v. Neil and its impact on the business of law across the country.1
In R. v. Neil Mr. Justice Binnie for the Supreme Court of Canada articulated a three dimensional duty of loyalty owed by lawyers and law firms to clients: the duty to avoid conflicting interests, a duty of commitment to the clients cause, and a duty of being candid with respect to matters relevant to the retainer...
"Barbarians Looking For The Gate: The rights of a plaintiff strata corporation against the insurers of a named defendant", presentation for the Pacific Business & Law Institute Conference
Harper Grey LLP Lawyer: Co-Author Mark Tweedy
October 2003
"The Bright Line: The Decision of R. v. Neil and its Impact on the Business of Law in Canada", Harper Grey LLP Law Bulletin
Harper Grey LLP Lawyers: Kimberly J. Jakeman, Shanti M. Davies
April 2003
The Supreme Court of Canada decided the case of R. v. Neil ("Neil")1 on November 1, 2002, and declared that a business conflict is now a legal conflict. As a result, the landscape of client relationships, particularly for national law firms, must change...
"Insurance Law Update in British Columbia - 2002", Annual Review of Law and Practice (Continuing Legal Education Sociey of British Columbia)
January 2003
This paper summarizes notable British Columbia insurance decisions and significant legislative changes occurring in 2002.
"Bad Faith and Good Faith Claims", Harper Grey Commercial Litigation Group Seminar
Harper Grey LLP Lawyers: Abigail C. F. Turner, Bryan G. Baynham, Q.C.
October 10, 2002
Bad Faith and Good Faith Claims: The Road to Punitive Damages.
"The Criminalization of Young Women": An Editor's Forum (2002) 14(2) , Canadian Journal Of Women and the Law
Harper Grey LLP Lawyer: M. Kathleen Kinch
February 14, 2002
"Development of the Parole Attitudes Scale (PAS): A 15-Item Scale"
Harper Grey LLP Lawyer: written with Joti Samra-Grewal, MA and Ronald Roesch, PhD
Paper for the Annual American Psychological Association Convention, Boston (1999), 1999
"Purposes and Effectiveness of Early Release From Prison: Laypersons' Perceptions"
Harper Grey LLP Lawyer: written with Joti Samra-Grewal, MA and Ronald Roesch, PhD
Paper for the Annual American Psychological Association Convention, Boston (1999), 1999
"How Old is Old Enough? Case Raises Thorny Issues", Vancouver Sun
"Court Decision Offer Good Reasons to Buckle Seat Belt", Vancouver Sun
If you haven't been wearing your seatbelt lately, the law offers good reasons for buckling up. Not only do you risk a ticket if caught, you also stand to lose a hefty chunk of any compensation awarded to you if you're injured in an accident.
