To all those I have worked with this year – Best wishes for a joyous holiday season, and all the best in 2015!
In June, I found myself in Court in Kamloops, arguing in response to a Judicial Review Petition involving a 2013 order of the Surface Rights Board. Last week, the B.C. Supreme Court decided in favour of my client, New Nadina Explorations Limited.
I will be in Kamloops on November 13, 2014 to give not one, but two talks at the Thompson Rivers University Faculty of Law. The first will be part of a first-year Property Law lecture on surface rights and mineral tenures, and the second will be a more general discussion about the “Business of Law.” TRU has built a great law school and I am grateful to be invited to speak to the students and faculty about the kinds of cases that I handle, and the way that I have set up my new law office.
As I mentioned a few weeks ago, Jeff Frame and I gave a talk at the BC Expropriation Association’s annual conference, on the (hot?) topic of positive covenants. The paper discusses the (well established) legal principles that apply to restrictive covenants, then considers whether positive obligations can be “expropriated” from a landowner by an expropriating authority.
You can download the paper by clicking here.
An article by the Canadian Press (reprinted in yesterday’s Globe and Mail) suggests that while small business activity is lagging the economy as a whole, that may change over the next 5 years – mainly due to the lack of sensitivity that small businesses have to currency fluctuations. The article references a recent report from CIBC World Markets, which you can find by clicking here.
Every year, the B.C. Expropriation Association organizes an informative, 2-day seminar, aimed at professionals who work in the areas of expropriation, land development, water management, and surface rights. This year, the seminar will be held at the Terminal City Club in Vancouver on October 24 and 25.
For the last year or so, you’ve been thinking about leaving your job. You enjoy what you do, and you work at a great place, but everywhere you go, you see and hear about people who have created their own businesses. You have some great ideas and some great business skills – and a couple of good friends who are encouraging you to team up with them and “disrupt” the establishment. You’ve now come to the conclusion that the three of you have what it takes to bring your idea to market and succeed.
At the end of March, I spent five days in court conducting a trial. I was the lawyer for the Plaintiff, so the “burden of proof” rested on me (and my client). In practical terms, that meant that it was my responsibility to prove all the essential elements of my client’s case, on “a balance of probabilities.” Many people have heard that phrase, but for many people the notion of proof remains somewhat mysterious. What does it mean to say that something has been proven “on a balance of probabilities”?
Welcome to the Hirji Law Corporation Blog – commentary and information about business disputes and the litigation process.
I will be blogging about dispute resolution, negotiation, recent court decisions, and the impact that disputes can have on your business.