PUBLICATIONS

In the construction industry, where a tangled web of inter-related contracts can be the norm, questions often arise as to whether a non-party seeking to avail themselves of benefits in one contract is also subject to its various restrictive covenants. In the Husky case discussed below, the ABKB clarified that parties take the good and they take the bad.

The Divisional Court and Court of Appeal for Ontario erred when they respectively concluded that only in "exceptional circumstances" and "rare cases" would judicial review be available for questions of fact or mixed fact and law.

In Cox v. Miller (Cox), the British Columbia Court of Appeal (the "BCCA") upheld the trial judge's decision by affirming that irrespective of an individual's intent and permissible rules of a game, injuries as a result of reckless and dangerous acts during recreational sports are risks not undertaken by players and are thereby able to constitute liability in negligence.

Aside from the excitement I had prior to starting as a Summer Student, I was unsure of what to expect. Will I enjoy the work? What will my colleagues be like?