Pope & Talbot Ltd. et al., Re

JurisdictionBritish Columbia
CourtSupreme Court of British Columbia (Canada)
JudgeWalker, J.
Citation2009 BCSC 1552,[2009] B.C.T.C. Uned. 1552 (SC),[2009] B.C.T.C. Uned. 1552
Date12 November 2009
Subject MatterCONTRACTS,CONFLICT OF LAWS,INSURANCE

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16 practice notes
  • Table of cases
    • Canada
    • Irwin Books Archive Conflict of Laws
    • September 8, 2010
    ...[1958] P. 204.................................................................. 396 Pope & Talbot Ltd., Re, [2009] B.C.J. No. 2248, 2009 BCSC 1552............. 274, 276 Pourghasemi, Re (1993), 62 F.T.R. 122, 19 Imm. L.R. (2d) 259, [1993] F.C.J. No. 232 (T.D.) .....................................
  • Irving v. Irving
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 28, 2024
    ...Family Insurance Corp. v. Lombard Canada Ltd., 2002 SCC 48, [2002] 2 S.C.R. 695, at para. 17; (Re) Pope & Talbot Ltd., 2009 BCSC 1552, 2 B.C.L.R. (5th) 132, at para. 33; Imperial Life Assurance Co. of Canada v. Colmenares, [1967] S.C.R. 443, at p. 448; and Jean-Gabriel Castel, Cana......
  • Manitoba Public Insurance v. Insurance Corporation of British Columbia
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 13, 2023
    ...be inferred from the circumstances: Family Insurance Corp. v. Lombard Canada Ltd., 2002 SCC 48, para. 17; (Re) Pope & Talbot Ltd., 2009 BCSC 1552 at para. 33; Imperial Life Assurance Co. of Canada v. Colmenares, [1967] S.C.R. 443, at p. 448; J.-G. Castel, Canadian Conflict of Laws, 4th ......
  • Budget Rent a Car v. Philadelphia Indemnity Insurance
    • Canada
    • Supreme Court of British Columbia (Canada)
    • February 1, 2018
    ...made in a contract, the court may not interfere unless that choice is unlawful or contrary to public policy: Pope & Talbot Ltd. (Re), 2009 BCSC 1552, at para. 37. If I find the clause to be effective, the burden shifts to the plaintiffs to show “strong cause” why that clause should not ......
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13 cases
  • Budget Rent a Car v. Philadelphia Indemnity Insurance
    • Canada
    • Supreme Court of British Columbia (Canada)
    • February 1, 2018
    ...made in a contract, the court may not interfere unless that choice is unlawful or contrary to public policy: Pope & Talbot Ltd. (Re), 2009 BCSC 1552, at para. 37. If I find the clause to be effective, the burden shifts to the plaintiffs to show “strong cause” why that clause should not ......
  • Petrowest Corporation v. Peace River Hydro Partners
    • Canada
    • Court of Appeal (British Columbia)
    • November 30, 2020
    ...is engaged) to the exercise of inherent jurisdiction via section 183 of the BIA was not considered in either Pope & Talbot Ltd (Re), 2009 BCSC 1552, or Industrial Alliance Insurance and Financial Services Inc. v Wedgemount Power Limited Partnership, 2018 BCSC 970, on which the judge rel......
  • Budget Rent A Car System, Inc. v. Philadelphia Indemnity Insurance Company,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • September 17, 2018
    ...circumstances at the time it was made. Family Insurance Corp. v. Lombard Canada Ltd., 2002 SCC 48, para. 17, (Re) Pope & Talbot Ltd., 2009 BCSC 1552 at para. 33. In Imperial Life Assurance Co. of Canada v. Colmenares, [1967] S.C.R. 443, the Supreme Court of Canada described the applicab......
  • Rotor Maxx Support Limited v. Air Palace Co. Ltd.
    • Canada
    • Supreme Court of British Columbia (Canada)
    • September 8, 2020
    ...this, be determined by which system has the closest and most substantial connection with the subject matter: Pope v. Talbot Ltd. (Re), 2009 BCSC 1552 at paras. 33 and [86] In this case there is no express choice made with respect to the Repair Agreement. Given that the work was to be perfor......
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1 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books Archive Conflict of Laws
    • September 8, 2010
    ...[1958] P. 204.................................................................. 396 Pope & Talbot Ltd., Re, [2009] B.C.J. No. 2248, 2009 BCSC 1552............. 274, 276 Pourghasemi, Re (1993), 62 F.T.R. 122, 19 Imm. L.R. (2d) 259, [1993] F.C.J. No. 232 (T.D.) .....................................