The Limitation Period Suspension Ends on March 25, 2021

February 22, 2021 - Brian Cheng

and Taahaa Patel, Articled Student

The provincial government has announced that suspended limitation periods, or deadlines by which a claimant must commence court proceedings, will resume running on March 25, 2021.

Background

After the provincial government declared a state of emergency due to the COVID-19 pandemic, it suspended the running of limitation periods, which require that a party take certain steps, such as filing a claim, before a particular deadline.

The Ministerial Orders

Initially, under the Emergency Program Act, R.S.B.C. 1996, c. 111 (the “EPA”), the government issued two Ministerial Orders (the “Orders”):

On March 26, 2020, the government suspended…

Discretionary Rights within Contracts Must be Exercised in Good Faith

February 16, 2021 - Owen Bird

In addition to the precise obligations required from parties to a contract, a common feature seen among contracting parties are options more formally referred to as “discretional rights”. As the name suggests, these rights afford parties certain latitude in the manner in which contractual rights may be performed. Although these tools afford parties flexibility with respect to contractual performance, the Supreme Court of Canada (the “SCC”) has recently decided that these rights (or options) must be exercised in good faith.

The general doctrine of “good faith” is a longstanding organizing principal recognized under Canadian contract law. This duty imposes a…

Brian Cheng Featured on FACL BC Podcast

February 07, 2021 - Owen Bird

Owen Bird civil litigator Brian Cheng was featured as a guest on an episode of The Federation of Asian Canadian Lawyers (FACL BC) podcast, hosted by Chilwin Cheng.

FACL BC is a diverse coalition of Asian Canadian legal professionals in British Columbia. Its podcast currently features a three-part series on Asian litigators practicing in the Lower Mainland.

As a featured Asian litigator, Brian discusses his experiences with race in the U.S., where he went to law school. He shares what the best (and worst) things are about being able…