Irreparable harm in the spotlight as injunction denied in commercial-lease dispute

In Naghmeh v 1530378 B.C. Ltd., 2025 BCSC 1673, the BC Supreme Court declined to grant commercial tenants the injunction they sought against their landlord in a dispute over parking at a “a multi-unit commercial centre”. The case allowed the court to consider the legal framework for granting injunctions set out in RJR‑MacDonald Inc. v Canada (Attorney General), 1994 CanLII 117, [1994] 1 SCR 311 (SCC), focusing in particular on the need for an applicant Read more…

BC ministry declares its policy intentions on parentage

In a significant step toward new legislation, the Ministry of Attorney General for BC has just published a policy intentions paper (PDF) for Phase 2 of the Family Law Act Modernization Project. The ministry’s paper “addresses several important topics that support parents and guardians in resolving family law matters outside of court, increase flexibility for Indigenous perspectives, customs, practices and traditions, and reduce financial burdens for families”. One of the topics covered in the paper Read more…

The persistence of the Shimco Lien: Revisiting the dual lien theory in light of Kingdom Langley Project Ltd. Partnership v WQC Mechanical Ltd.

Introduction A recent decision of the British Columbia Court of Appeal, Kingdom Langley Project Ltd. Partnership v WQC Mechanical Ltd. (Kingdom Langley) has reaffirmed the controversial interpretation of the holdback provisions of the Builders Lien Act (Act). The controversy emanates from the Court’s earlier ruling in Shimco Metal Erectors Ltd. v North Vancouver (District) (Shimco), which recognized a distinct and independent lien against the statutory holdback, commonly referred to as the “Shimco lien”. This recognition Read more…

The Rule of Law within a Legally Plural Society

In R v Cavanaugh, 2025 BCCA 252 (Cavanaugh), the BC Court of Appeal (BCCA) touches on a number of important legal issues. An earlier post on this blog summarized parts of the case that deal with using the court’s contempt power to punish the breach an injunction in a resource dispute. This post focuses on how the case builds on a developing body of case law in which courts are faced with reconciling the rule Read more…

BC Court of Appeal declines to allow colour-of-right defence based on Indigenous laws

R v Cavanaugh, 2025 BCCA 252, was an appeal from several convictions for criminal contempt. The convictions involved interfering with a Trans Mountain pipeline site in breach of an injunction. “The primary issue on appeal”, the court noted, was “whether the judge failed to take Indigenous laws into account when assessing the mens rea element of the offence and deciding to quash subpoenas issued by the appellants”. The subpoenas were issued by the appellants to Read more…