May 2024 Newsletter: News from the BCLI!

May 22, 2024

BY British Columbia Law Institute

AI Image


We’ve Published Our Report on Artificial Intelligence and Civil Liability

We are pleased to announce the release of Report on Artificial Intelligence and Civil Liability.Learn about why it is important in our blog post here.

What is in the report?

  • Explanation of what the term “artificial intelligence” is typically taken to mean, and its significant impact on tort law.
  • Issues that AI presents in applying conventional tort rules, stemming from features such as limited explainability and unpredictability.
  • Examination of different legal theories about civil liability for harm caused by AI.
  • Recommendations for adapting conventional rules of tort law to deal with AI-related harm.
  • Discussion of how courts should approach setting the standard of care in negligence litigation involving AI in light of good practices for AI development and deployment.
  • A recommendation for a new remedy for discrimination from faulty AI decision-making not falling within the scope of human rights legislation.


NEW: Escheat Act Modernization Project

This project aims to update BC’s Escheat Act to align with the UN Declaration on the Rights of Indigenous Peoples. The legal doctrine of escheat is grounded in the notion that land title ultimately derives from the Crown. When there is a lapse in fee simple ownership of land either because a natural person dies intestate and without an heir or a company that owns land dissolves, the doctrine of escheat provides a way for dealing with the land. The legislation allows for title to fall to the province at which point, the Attorney General has the authority to take certain actions to dispose of or manage the land. The Escheat Act means that the Crown assumes the ownership of the land if no one else does.


NEW: Economic Abuse and Family Business Breakdown Study Paper

We are examining how family businesses can be used for economic abuse in family law disputes. Small businesses, which constitute the majority in BC, are often family-run and become central in such disputes. They serve as assets and income sources for spouses. Perpetrators may exploit these businesses for economic abuse, taking advantage of the legal system that may not adequately recognize this as a form of family violence.

Congratulations to Kira Davidson, our former Articling Student. She took her Barrister and Solicitors’ Oath on May 15th, officially transitioning into the role of a lawyer! Throughout her articling journey, our senior staff lawyer Kevin Zakreski served as her principal.


Our law student Celeste Ann Borja and Communications Manager Ken Chau attended the LGBTQ2SA+ Elder Abuse Town Hall on May 10th. It was a chance to present our Dementia Decision Making Project and network with community organizations while gaining valuable insights into the environment for LGBTQ2SA+ elders.


Our staff lawyer Megan Vis-Dunbar and former director of CCEL Kelly Melnyk spoke at the Justice as Trauma conference on April 5th. They presented on the CCEL study paper on Supporting Vulnerable Adult Witnesses.

GREGORY G. BLUE
Release of Report on Artificial Intelligence and Civil Liability

ALISON WILKINSON AND ZARA SULEMAN
Modernizing Family Law On Parentage

AI Image


We’ve Published Our Report on Artificial Intelligence and Civil Liability

We are pleased to announce the release of Report on Artificial Intelligence and Civil Liability.Learn about why it is important in our blog post here.

What is in the report?

  • Explanation of what the term “artificial intelligence” is typically taken to mean, and its significant impact on tort law.
  • Issues that AI presents in applying conventional tort rules, stemming from features such as limited explainability and unpredictability.
  • Examination of different legal theories about civil liability for harm caused by AI.
  • Recommendations for adapting conventional rules of tort law to deal with AI-related harm.
  • Discussion of how courts should approach setting the standard of care in negligence litigation involving AI in light of good practices for AI development and deployment.
  • A recommendation for a new remedy for discrimination from faulty AI decision-making not falling within the scope of human rights legislation.


NEW: Escheat Act Modernization Project

This project aims to update BC’s Escheat Act to align with the UN Declaration on the Rights of Indigenous Peoples. The legal doctrine of escheat is grounded in the notion that land title ultimately derives from the Crown. When there is a lapse in fee simple ownership of land either because a natural person dies intestate and without an heir or a company that owns land dissolves, the doctrine of escheat provides a way for dealing with the land. The legislation allows for title to fall to the province at which point, the Attorney General has the authority to take certain actions to dispose of or manage the land. The Escheat Act means that the Crown assumes the ownership of the land if no one else does.


NEW: Economic Abuse and Family Business Breakdown Study Paper

We are examining how family businesses can be used for economic abuse in family law disputes. Small businesses, which constitute the majority in BC, are often family-run and become central in such disputes. They serve as assets and income sources for spouses. Perpetrators may exploit these businesses for economic abuse, taking advantage of the legal system that may not adequately recognize this as a form of family violence.

Congratulations to Kira Davidson, our former Articling Student. She took her Barrister and Solicitors’ Oath on May 15th, officially transitioning into the role of a lawyer! Throughout her articling journey, our senior staff lawyer Kevin Zakreski served as her principal.


Our law student Celeste Ann Borja and Communications Manager Ken Chau attended the LGBTQ2SA+ Elder Abuse Town Hall on May 10th. It was a chance to present our Dementia Decision Making Project and network with community organizations while gaining valuable insights into the environment for LGBTQ2SA+ elders.


Our staff lawyer Megan Vis-Dunbar and former director of CCEL Kelly Melnyk spoke at the Justice as Trauma conference on April 5th. They presented on the CCEL study paper on Supporting Vulnerable Adult Witnesses.

GREGORY G. BLUE
Release of Report on Artificial Intelligence and Civil Liability

ALISON WILKINSON AND ZARA SULEMAN
Modernizing Family Law On Parentage