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Apr 26, 2016

Cy-près distributions in class actions

Cy-près trust distributions have become a common feature of class action settlements. As originally conceived the cy-près doctrine empowered a court of equity to amend the terms of a trust where the original objective of the settlor or testator became impossible, impracticable or illegal. The term translates to “as near as possible” which reflects the nature of the court’s remedial equitable role. In the context of class actions the doctrine has commonly been applied where t

Apr 12, 2016

Bhasin v. Hrynew 2014 SCC 71 – Summary and Implications

The decision in Bhasin v. Hrynew deals with this key question: does the Canadian common law impose a duty on parties to perform their contractual obligations honestly? The Supreme Court of Canada (the “SCC”) finds that it does and states that finding such a duty “…will make the law more certain, more just and more in tune with reasonable commercial expectations.” Facts: Mr. Bhasin, the appellant, was an enrollment director for Canadian American Financial Corporation (“Can-Am

Apr 5, 2016

Felix v. Insurance Corporation of British Columbia, 2015 BCCA 394: The decision and its implications

Approximately 6 months ago, the British Columbia Court of Appeal released its decision in Felix v. Insurance Corporation of British Columbia, 2015 BCCA 394, which dealt directly with whether vehicle passengers are “insureds” under Part 6 of the Insurance (Vehicle) Regulations (“Regulations”) such that ICBC must cover them for negligently injuring vehicle occupants. The court unanimously held that passengers travelling in vehicles with an owner’s consent meet the definition. T

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