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British Columbia Law Institute (BCLI)

The BCLI undertakes law reform projects in the public interest. We bring together academic, expert, and community collaborators to clarify and improve the law, develop innovative, inclusive solutions, and increase access to justice.

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Builders Liens and Arbitration

The Builders Lien Act protects participants in a construction project by providing for a special claim on property for the payment or performance of some debt, obligation, or duty, called a lien. This project examines ...
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Report on Proposals for Unfair Contracts Relief

This report examines the contract law concepts of unconscionability, duress, undue influence, good faith, and misrepresentation and recommends enacting a Contract Fairness Act to clarify and modernize these concepts.
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The Recognition of Adult Guardianship Orders from Outside the Province

This project explores the procedures surrounding issues that arise when adult guardianship orders are made outside British Columbia. It makes recommendations to deal with these issues via the Enforcement of Canadian ...
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Rationalizing and Harmonization of BC Common-Law Tests of Capacity

In BC, tests of capacity, the legal threshold after which a person is considered mentally incapable in the eyes of the law, differ depending on the area of law. This project studies selected common-law tests of capacity ...
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Predatory Lending Issues in Canada

Predatory lending is the practice whereby a lender deceptively persuades a borrower to agree to abusive loan terms. It is closely tied to subprime mortgage lending, a practice that encouraged a rise in predatory lending ...
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Defective Contracts Relief

This project concerns issues associated with the implementation of the Uniform Illegal Contracts Act recommended by the ULCC for enactment. The Uniform Act would empower courts to mitigate harsh and unjust results ...
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Leases of Unsubdivided Land and the Top Line Case

This project examines legal issues that arose in the wake of the Top Line case. This case concluded that a lease executed in ignorance of subdivision requirements must be considered void. The judgment was highly ...
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Spoliation of Evidence

Spoliation in a legal context refers to the destruction, mutilation, alteration, or concealment of evidence. Those who suffer due to spoliation may be entitled to a number of remedies. This project aims to shed some ...
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The Builders Lien Act and the Pipeline Problem

When pipelines are constructed across private land, the private landowner has no right to refuse a pipeline right-of-way across the land. If the pipeline contractor fails to pay the workers, subcontractors, or ...
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Franchise Act Project

This project considers the need for franchise legislation in BC and, in doing so, reviews the Uniform Franchises Act adopted by the ULCC. The Act's key provisions include dealing with disclosure, the duty of fair ...
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