http://www.harpergrey.com/ Harper Grey RSS Feed en-us Copyright 2013, Harper Grey stannock@pencilnecksoftware.com (Natasha Chetty) support@pencilnecksoftware.com (Pencilneck Software) Thu, 23 May 2013 06:28:00 GMT Pencilneck Software Pencilneck CMS v. 4.3 (http://www.pencilnecksoftware.com) http://blogs.law.harvard.edu/tech/rss 60 http://www.harpergrey.com/news/2013/05/article555/ stannock@pencilnecksoftware.com () News http://www.harpergrey.com/news/2013/05/article555/ Tue, 14 May 2013 05:00:00 GMT http://www.harpergrey.com/administrative/2013/04/article554/ The Court of Appeal allowed the appeal by the Coquitlam School District from a decision of a chambers judge on application for judicial review. The Appeal Court found that the chambers judge erred in applying a correctness standard to a decision of the BC Human Rights Tribunal where the tribunal considered the complainant's mitigation of damages in its award of compensation for wage loss. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2013/04/article554/ Tue, 30 Apr 2013 05:00:00 GMT http://www.harpergrey.com/administrative/2013/04/article553/ The Court of Appeal allowed the appeal by the College of Pharmacists of British Columbia from a decision of a chambers judge on an application for judicial review. The Appeal Court found that the chambers judge erred in remitting a matter back to the College's Discipline Committee for rehearing solely on the issue of penalty and not on the merits in circumstances where the judge found the respondent pharmacist's admissions to be equivocal. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2013/04/article553/ Tue, 30 Apr 2013 05:00:00 GMT http://www.harpergrey.com/administrative/2013/04/article552/ The Applicant school boards unsuccessfully appealed the decision of the Respondent Workplace Safety and Insurance Board denying the Applicants access to their employees’ information. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2013/04/article552/ Tue, 30 Apr 2013 05:00:00 GMT http://www.harpergrey.com/administrative/2013/04/article550/ The Appellant, Mr. Alexander, was not successful in his appeal of a disciplinary hearing conducted by the Respondent Securities Commission. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2013/04/article550/ Tue, 30 Apr 2013 05:00:00 GMT http://www.harpergrey.com/insurance/2013/04/article549/ An action for coverage under a homeowner's insurance policy to recover the full value of legally cultivated marijuana plants was dismissed. Coverage was limited to $1000 per plant as per the extended coverage provisions of the policy. The fact that the plants were not grown for "landscaping" purposes did not bring them under the general contents coverage under the policy. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2013/04/article549/ Thu, 25 Apr 2013 05:00:00 GMT http://www.harpergrey.com/insurance/2013/04/article548/ The Court of Appeal substantially allowed the appeal from a motion decision striking out numerous claims in a proposed class action relating to the sale and administration of four types of life insurance policies. The plaintiffs' claims for breach of duty of good faith and fair dealing and for deceit and fraud were not mere reiterations of the plaintiffs' claim for negligent and fraudulent misrepresentation and should be allowed to stand. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2013/04/article548/ Thu, 25 Apr 2013 05:00:00 GMT http://www.harpergrey.com/insurance/2013/04/article547/ motion was brought by the Motor Vehicle Accident Claims Fund to determine whether Aviva Insurance was obliged to provide uninsured motorist coverage to the plaintiff. The Court determined that the plaintiff was not entitled to uninsured motorist coverage from Aviva. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2013/04/article547/ Thu, 25 Apr 2013 05:00:00 GMT http://www.harpergrey.com/insurance/2013/04/article546/ A plaintiff filed a claim against his insurer after his home was destroyed by fire. The plaintiff’s claim was dismissed. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2013/04/article546/ Thu, 25 Apr 2013 05:00:00 GMT http://www.harpergrey.com/news/2013/04/article545/ Harper Grey LLP announces that their legal alliance, TAGLaw®, has been recognized as Elite in the Chambers Global 2013 rankings guide for legal networks. As a member of TAGLaw, Harper Grey has access to over 145 independent member firms operating out of more than 300 offices in over 80 countries. TAGLaw is one of more than 30 global legal networks and alliances, but they are one of only six to receive the highest ranking of Elite in Chambers Global. stannock@pencilnecksoftware.com () News http://www.harpergrey.com/news/2013/04/article545/ Wed, 17 Apr 2013 05:00:00 GMT http://www.harpergrey.com/news/2013/04/article544/ It is with great sadness that Harper Grey announces the passing of our long-time colleague and dear friend. stannock@pencilnecksoftware.com () News http://www.harpergrey.com/news/2013/04/article544/ Wed, 03 Apr 2013 05:00:00 GMT http://www.harpergrey.com/news/2013/03/article543/ Benchmark Canada 2013 has recognized 8 of Harper Grey’s lawyers as Litigation Stars, at both local and national levels, in 8 practice areas. 2 lawyers were also named as “Future Stars”. stannock@pencilnecksoftware.com () News http://www.harpergrey.com/news/2013/03/article543/ Wed, 27 Mar 2013 05:00:00 GMT http://www.harpergrey.com/administrative/2013/03/article542/ The Nova Scotia Court of Appeal upheld a tribunal decision that suspended a pharmacist for two years for false, illegal prescriptions. Although the suspension was at the higher end of the scale, the Appeal Court found the penalty fell within the range of permissible outcomes under the reasonableness standard of review. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2013/03/article542/ Tue, 26 Mar 2013 05:00:00 GMT http://www.harpergrey.com/administrative/2013/03/article541/ With respect to a tribunal’s findings of credibility, there is an important distinction between guessing, conjecture, and speculation on the one hand and drawing legal inferences from evidence where inferences can appropriately be drawn. In this case, the Court in a judicial review proceeding quashed one aspect of a tribunal’s credibility findings on the basis that it was unreasonable. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2013/03/article541/ Tue, 26 Mar 2013 05:00:00 GMT http://www.harpergrey.com/administrative/2013/03/article540/ Appellant successfully appealed an inspector's order that it was required to report a guest injury to the Ministry of Labour. The Court of Appeal held that the death of a hotel guest in an unsupervised pool was not connected to a potential hazard to employees or work safety issues and that it exceeded the scope of notification requirements set out by the Occupational Health and Safety Act. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2013/03/article540/ Tue, 26 Mar 2013 05:00:00 GMT http://www.harpergrey.com/administrative/2013/03/article539/ Applicant unsuccessfully applied to set aside a decision of the Rentalsman who had refused to issue a Notice to Quit on the respondent tenant due to improvements made to the property. Decision was held to be within range of acceptable outcomes and reasonable. stannock@pencilnecksoftware.com () Newsletter: Administrative http://www.harpergrey.com/administrative/2013/03/article539/ Tue, 26 Mar 2013 05:00:00 GMT http://www.harpergrey.com/publications/2013/03/article538/ stannock@pencilnecksoftware.com () Publications http://www.harpergrey.com/publications/2013/03/article538/ Fri, 22 Mar 2013 05:00:00 GMT http://www.harpergrey.com/insurance/2013/03/article537/ Litigation privilege does not automatically attach on the basis that litigation counsel has been retained in relation to an incident. Litigation privilege that arises between parties will dissolve if one party takes action against the other. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2013/03/article537/ Tue, 19 Mar 2013 05:00:00 GMT http://www.harpergrey.com/insurance/2013/03/article536/ Application by the insurer for a declaration that it was not required to pay a portion of the judgment obtained by the plaintiff for lost wages. The insurer argued the lost wages were included in the definition of "insured claim" under section 106 of the Insurance (Vehicle) Regulation. The insurer’s application was dismissed. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2013/03/article536/ Tue, 19 Mar 2013 05:00:00 GMT http://www.harpergrey.com/insurance/2013/03/article535/ Dismissal of a motion by the insurer (statutory third party) to set aside summary judgment on liability against its insureds (the defendant driver and the defendant owner) because the insurer was attempting a collateral attack on a prior order refusing to set aside default judgment against one of the insureds (the defendant owner). stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2013/03/article535/ Tue, 19 Mar 2013 05:00:00 GMT http://www.harpergrey.com/insurance/2013/03/article533/ here coverage under an original policy lapses in accordance with its own terms, the principles of contract formation, rather than contractual interpretation, may apply in determining whether a new policy has come into existence. stannock@pencilnecksoftware.com () Newsletter: Insurance http://www.harpergrey.com/insurance/2013/03/article533/ Tue, 19 Mar 2013 05:00:00 GMT http://www.harpergrey.com/news/2013/03/article529/ The Province newspaper, interviews Bryan Baynham, QC of Harper Grey on March 17th to discuss the current lawsuit filed by thirteen pre-sale buyers, including former PM, Kim Campbell, against the developer of The Residences at the Hotel Georgia in Vancouver, BC. stannock@pencilnecksoftware.com () News http://www.harpergrey.com/news/2013/03/article529/ Sun, 17 Mar 2013 05:00:00 GMT http://www.harpergrey.com/news/2013/03/article530/ Harper Grey's Bryan Baynham, QC was interviewed by the Globe and Mail newspaper on March 16th to discuss the current lawsuit filed by thirteen pre-sale buyers, including former PM, Kim Campbell, against the developer of The Residences at the Hotel Georgia in Vancouver, BC. stannock@pencilnecksoftware.com () News http://www.harpergrey.com/news/2013/03/article530/ Sat, 16 Mar 2013 05:00:00 GMT http://www.harpergrey.com/publications/2013/03/article528/ stannock@pencilnecksoftware.com () Publications http://www.harpergrey.com/publications/2013/03/article528/ Tue, 12 Mar 2013 05:00:00 GMT http://www.harpergrey.com/news/2013/03/article526/ For the second year in a row, the Harper Grey co-ed team went undefeated through four games to win the Recreational Division of the 2013 Hooplaw Charity Basketball Tournament. The tournament is aimed at bettering the lives of Vancouver’s most disadvantaged children and this year’s 20 teams from the legal community raised over $67,000. Through the generosity of the firm’s lawyers and staff, the Harper Grey team raised $2,941. stannock@pencilnecksoftware.com () News http://www.harpergrey.com/news/2013/03/article526/ Wed, 06 Mar 2013 05:00:00 GMT