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News
June 14th, 2018

CFMR’s Karla Mukai is excited to serve as the next Vancouver-Richmond county representative on the CBABC (Canadian Bar Association BC Branch)’s Provincial Council for the September 1, 2018 – August 31, 2021 term.

Read more here.

 

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May 23rd, 2018

A case surrounding an interest-free loan between friends is helping make reforms to consideration in the context of contract variations. In Rosas v. Toca, 2018 BCCA 191, the appellant won the lottery and loaned $600,000 interest-free to her friend. Approximately one year after the loan was formed, the appellant’s friend told her “I will pay you next year”, and the appellant agreed to the extension on payment and declined to bring suit. This request was repeated for several years, but the loan was never repaid. Eventually, the appellant brought a claim against her friend.

Canadian courts have generally adopted the rule that there must be added consideration where the promise from one party is simply to do something they are already obligated to do under contract. At trial, the judge found that the original term of the loan was for one year, and, based on the original repayment date, the limitation period had expired. The judge held that the subsequent promises from the friend to repay a year later were unenforceable for lack of consideration as the friend was already under an obligation to pay. The appellant’s claim was therefore dismissed as statute-barred and now subject to appeal.

The decision on appeal marks a shift in the law. At paragraph 183 of Chief Justice Bauman’s written reasons we see this shift: “When parties to a contract agree to vary its terms, the variation should be enforceable without fresh consideration, absent duress, unconscionability, or other public policy concerns, which would render an otherwise valid term unenforceable. A variation supported by valid consideration may continue to be enforceable for that reason, but a lack of fresh consideration will no longer be determinative.”

The modification of contract law principles as a result of this decision could have a significant effect on future debtor/creditor or employee/employer contractual relationships.

For the full court decision see: Rosas v. Toca, 2018 BCCA 191 (CanLII), http://canlii.ca/t/hs3c5

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May 7th, 2018

CFMR’s Ed Montague successfully obtained an injunction on behalf of our client, Quick Pass Master Tutorial School Ltd. (Benson Wang) against his former employee, Li Min (Richard) Zhao who had started up a new real estate school.

In her May 1, 2018 decision, B.C. Supreme Court Justice Nitya Iyer granted an injunction against Zhao from operating his real estate training school anywhere in Vancouver, Burnaby and Richmond until April 30, 2019, or until the trial.

Click on the following links for more information about the case:

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April 26th, 2018

CFMR’s lawyers, Katherine Ducey and Spencer May are pleased to report that their clients’ successful BC Court of Appeal decision in McDonald v. McDonald 2017 BCCA 255 stands.

On April 19, 2018, the Supreme Court of Canada denied the other party’s application for leave to appeal from the judgment of the BC Court of Appeal: McDonald v. McDonald, 2018 CanLII 33053 (SCC).

More information about the BC Court of Appeal decision can be found at our previous post.

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April 12th, 2018

CFMR proudly supported the recent KidSport Creating Community Champions Gala by sponsoring a table at the event and donating the seats to deserving people in the community. The event Planning Committee invited nine long time Richmond community youth coaches to attend, and highlighted each of their dedicated service during the evening.

“We were extremely happy the way banquet attendees showed their appreciation for these dedicated, long serving coaches,” says Bob Jackson, Chair of KidSport- Richmond Chapter, “ … this was one of the highlights of the Gala evening.”

In addition to supporting the Gala, CFMR is an ongoing sponsor of KidSports, providing funds to help children from families in need to enjoy a season of sport with the organization.

CFMR is committed to playing their part, “So ALL Kids Can Play”.

 

 

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March 8th, 2018

CFMR is pleased to welcome Richmond native, Aron Mand to the firm. Aron practices in a broad range of litigation matters including civil and commercial litigation, real estate, personal injury, collections, employment and human rights. A detailed profile of Aron and the experience he brings to the CFMR team is available on the firm’s website.

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