A Weighty Source: UNDRIP as International Law

BC’s highest court has clarified the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) should be applied as a “weighty source” for the interpretation of Canadian law.[1] It also rejected the characterization of UNDRIP as a non-binding international instrument. In Gitxaala v. British Columbia (Chief Gold Commissioner), 2025 BCCA 430, this conclusion was reached on the basis of both BC’s Declaration on the Rights of Indigenous Peoples Act (Declaration Act), and as a matter Read more…

Don’t try to make your will by e-mail

Even though BC’s Wills, Estates and Succession Act (WESA) now allows electronic wills, don’t try to make your will by e-mail or by sending a text. Even an electronic will has to meet the usual formalities needed to make a will, namely signature by the will-maker in the presence of two witnesses who also sign in the presence of the will-maker and each other. The only difference with an electronic will is that the signatures Read more…

BC Supreme Court Finds Preserving Rule of Law “Paramount” in Walbran Valley Injunction Ruling 

In TsawakQin Forestry Limited Partnership v O’Connell, 2025 BCSC 1880, the British Columbia Supreme Court granted an interim injunction halting the efforts of a group of protestors who had blocked an access road near Carmanah Walbran Provincial Park on Vancouver Island. The blockade was constructed in protest to lumber harvesting activities by the plaintiffs, Tsawak-Qin Forestry Inc. and Tsawak-Qin Forestry Limited Partnership (collectively, “Tsawak-Qin”) and had prevented the plaintiffs and their contractors from accessing their Read more…

BCLI Recommendation Implemented: Abolition of the Shimco Lien 

Change rarely happens overnight, and sometimes law reform is no exception. Two decades after BCLI first recommended the abolition of the Shimco lien, Bill 20, the Construction Prompt Payment Act, brings that recommendation closer to reality. The BCLI team is always pleased when our recommendations are implemented, and in the case of this change, it is so personally gratifying that one of our BCLI project committee members has penned a limerick to mark the occasion.   In Read more…

Not in Canada You Say? – Mark Zuckerberg Dodged Corporate Officer Liability Under US Law– What if he’d been sued in Canada?

In both Canada and the U.S., Meta and other social media companies are being sued for allegedly designing their algorithms to produce addictive usage by children and adolescents. In the legal action started in Canada by the Toronto District School Board, only social media companies are being sued, not any individuals.[1] In contrast, some of the American plaintiffs consisting of parents, school boards, and a few state attorneys-general initially sued Mark Zuckerberg personally as well Read more…