News
Court of Appeal upholds BC privacy law
In a unanimous decision, the British Columbia Court of Appeal has upheld the Personal Information Protection Act, BC's private sector privacy law…
In a unanimous decision, the British Columbia Court of Appeal has upheld the Personal Information Protection Act, BC's private sector privacy law. The Court rejected calls for a blanket "religious freedom" exemption, saying that such claims must be decided on a case-by-case basis.
The decision involved a request by two former members of a religious organization for copies of records that the organization kept about them. The religious organization refused. When the former members complained to the Information and Privacy Commissioner, the religious organization launched a constitutional challenge of the law, saying that it infringed freedom of religion rights under the Canadian Charter of Rights and Freedoms.
The Court of Appeal rejected the constitutional challenge, holding that claims of religious freedom must be determined on a case-by-case basis. This involves weighing the infringement of the Charter rights against the statutory objectives — in this case, the public interest in allowing individuals to know what personal information an organization holds about them. In this particular case, the religious organization did not provide sufficient evidence to allow the Information and Privacy Commissioner to make that determination. The Court ordered the religious organization to provide the records to the Commissioner, who will then decide what must be disclosed to the former members.
Allen / McMillan lawyers John Trueman and Chloe Trudel represented the British Columbia Humanist Association, an intervener in the appeal. Among other things, they argued that religious freedom claims should not undermine individuals' control over their own personal information. AMLC's award-winning pro bono practice helps public interest organizations make their voices heard in important legal cases.
In this digital age, privacy issues have become an important emerging area of law. As part of his administrative law practice, John helps individuals and organizations exercise their information and privacy rights and responsibilities under federal and provincial privacy laws. Contact us for more information.
AMLC’s Wanda Simek and Alina Chekh secure the return of a $1 million deposit in a failed real estate transaction
Wanda Simek and Alina Chekh successfully represented the plaintiff, a potential purchaser who entered into a contract to buy a luxury property…
Wanda Simek and Alina Chekh successfully represented the plaintiff, a potential purchaser who entered into a contract to buy a luxury property from the developer/seller. Although the potential purchaser was ready to close on the completion date, the seller was not. The plaintiff accepted the seller’s repudiation, terminated the contract, and sued to recover the deposit.
The court agreed with the plaintiff, finding that the seller breached the fundamental terms of the contract by failing to complete all construction work, provide an occupancy permit, and clear title by the closing date, and ordered that the seller return the $1 million deposit to the plaintiff.
The court also found the seller’s history of non-compliance with discovery obligations and court orders, along with the failure to engage meaningfully in the litigation, warranted awarding special costs to the plaintiff.
To read the decision, visit 2024 BCSC 1828. For more information on AMLC’s real estate litigation practice, please contact Wanda at wanda@amlc.ca or Alina at alina@amlc.ca.
Jorie Les wins undue influence summary trial
AMLC's Jorie Les obtained judgment in an undue influence claim arising out of a predatory relationship…
AMLC's Jorie Les obtained judgment in an undue influence claim arising out of a predatory relationship.
The parties met when the plaintiff was 77 and the defendant was 62. The plaintiff was elderly and vulnerable. Over the course of their seven-year relationship, the defendant isolated the plaintiff from her friends and family and gained control over all aspects of the plaintiff's life. In addition to exhausting the plaintiff's financial resources, the defendant deceived her into adding him on title to her property as a joint tenant.
Following a two-day summary trial in which Jorie presented extensive affidavit evidence from the plaintiff's family, friends, and neighbors, the court granted judgment from the bench returning title to the property to the plaintiff alone. Jorie was also successful in obtaining an order for punitive damages of $50,000.
To read the decision, visit 2024 BCSC 1745. For more information on Allen / McMillan's real estate litigation and estate litigation practices, please contact Jorie at jorie@amlc.ca.
AMLC lawyers to represent interveners in religious freedom case
AMLC lawyers John Trueman and Chloe Trudel will represent the British Columbia Humanist Association in an important appeal...
AMLC lawyers John Trueman and Chloe Trudel will represent the British Columbia Humanist Association in an important appeal to help define the boundary between privacy rights and religious freedom.
On June 12, 2024, Court of Appeal Justice Winteringham granted leave to intervene to the BC Humanists and another organization, the Association for Reformed Political Action. In her reasons, Justice Winteringham noted that “both the BCHA and the ARPA have experience and expertise, as well as a unique perspective, which will be of benefit to the division hearing the appeal.”
The appeal itself, which will be heard on October 29, 2024, involves a challenge by certain religious organizations and individuals to the constitutionality of the Personal Information Protection Act, the BC law that governs how private sector organizations collect, use, and disclose personal information. The BC Humanists will argue, among other things, that religious freedom should not become a vehicle to subvert the privacy rights of individuals, including people who have chosen to leave organized religion. AMLC lawyer Wes McMillan represented the BC Humanists in the trial court.
The British Columbia Court of Appeal allows interventions sparingly. Any proposed intervenor must offer a “unique and different perspective that will assist the Court in the resolution of the issues” without seeking to “expand the scope of the appeal by raising issues not raised by the parties.”
Allen / McMillan Litigation Counsel’s award-winning pro bono practice often includes public interest interventions for organizations such as the BC Humanists, who bring important perspectives to the law but have limited resources. AMLC lawyers have previously represented the BC Humanists at the BC Human Rights Tribunal, the BC Supreme Court and, on two occasions, at the Supreme Court of Canada.
To read the Court of Appeal’s reasons on the application to intervene, visit 2024 BCCA 291.
John Trueman and Katelyn Chaudhary win property assessment appeal involving Galiano Island forest land
AMLC lawyer John Trueman and articled student Katelyn Chaudhary successfully represented a managed forest land owner on Galiano Island in an appeal against a decision of the BC Property Assessment Appeal Board. The landowner had a 960 square foot unfinished dwelling on his 90-acre property, which he used and slept in while managing the forest. The assessor had classified the land beneath the dwelling as “residential,” thus depriving the landowner of the preferential tax treatment afforded to private managed forest land owners.
On appeal, the BC Supreme Court held that the landowner’s use of the dwelling to further the production and harvesting of forest resources on his property was sufficient to maintain the managed forest land classification. The Board had fallen into error by imposing additional requirements, such as considering whether a dwelling was “required” to manage the forest, or whether it was “integrally related” to the production or harvesting of forest resources.
Articled student Katelyn Chaudhary, making legal submissions in court for the first time in her career, successfully argued that the Board failed to properly consider the actual road and water distances involved in transporting logs from Galiano Island to the nearest sawmill.
For many years, AMLC lawyers have defended the rights of private managed forest owners on Galiano Island to live on their properties, just as many farmers live on their farms. This decision reinforces the principle that managed forest land owners should not lose that classification when they have a dwelling they use to help manage the forest.
To read the decision, visit 2024 BCSC 561. For more information on Allen / McMillan’s real estate litigation practice, please contact Wes McMillan at wes@amlc.ca or John Trueman at john@amlc.ca.
Allen / McMillan appearing at the Supreme Court of Canada in May 2024
On May 21 and 22, 2024, Greg, Alex, and Mia will be appearing at the Supreme Court of Canada in Ontario (Attorney General) v Working Families Coalition (Canada) Inc, a case involving the impact of electoral spending regulations on citizens’ right to meaningfully participate in the democratic process under section 3 of the Charter of Rights and Freedoms.
Our team will be representing the British Columbia Civil Liberties Association, and providing the Supreme Court of Canada with a submission on the history of how of section 3 of the Charter has been interpreted, and the importance of contextual factors in assessing the application of the section 3 right.
For those who enjoy both constitutional rights and early mornings, the hearing will be streamed live through the Supreme Court of Canada’s website.
For more information on Allen / McMillan’s pro bono public law practice, please contact Greg at greg@amlc.ca.