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Estate Litigation

Executor’s Fee

When a person acts as the Executor of a Deceased’s Estate, they are entitled to be paid for their work

February 14, 2023

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Civil Litigation

Privilege

Parties to a lawsuit are generally required to produce all documents in their possession or control that are relevant to the matters at issue in the lawsuit.

January 31, 2023

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Civil Litigation

Carroll v. Allen

Even though a property is rented to tenants, that property can be sold. Sometimes the buyer is willing to accept the current tenant and become their new landlord.

January 17, 2023

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Civil Litigation

Estate Litigation

Newhouse v. Garland, 2022 BCCA 276

In Newhouse, two friends, Bob and Barry, contemplated buying a rental property together. Barry, however, was always out of work and in debt, and didn’t have the money for his share of the down-payment.

January 3, 2023

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Civil Litigation

Estate Litigation

Certificates of Pending Litigation

When a person files a lawsuit that claims an interest in a piece of real property, they are entitled to file a Certificate of Pending Litigation (CPL) with the Land Title Office against title to that property.

December 20, 2022

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Injury Claims

Management Fees

Damages awards should compensate a person for all their losses arising out of an injury. Losses suffered up to the date of a trial are often much easier to determine than losses the injured person is projected to suffer in the future.

December 6, 2022

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Estate Litigation

Jones v. Davidson, 2022 BCCA 31

Whether two people were spouses is becoming an increasingly common issue in estate litigation in BC.

November 22, 2022

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Injury Claims

Dog Attacks

Dog bite claims are unique in that they can be based not only on negligence, but also on an old legal doctrine known as scienter

November 8, 2022

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Civil Litigation

Partition of Property and Party Wall Agreements

Where a property is jointly owned and the owners cannot agree on whether to sell it or not, the Partition of Property Act allows the owner who wants to sell to apply to the Court for an order that the property be sold.

October 11, 2022

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Corporate & Commercial

What is the Difference between a Director and a Shareholder?

A corporation is a completely separate legal entity from the shareholders who own the shares of the company and the directors who manage the affairs of the company.

September 27, 2022

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Estate Litigation

Unger Estate (Re), 2022 BCSC 189

Can a person who murdered another person inherit from the latter’s estate? If no, who stands to inherit in place of that person?

September 13, 2022

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Corporate & Commercial

Dissolving a Corporation

A corporation is a separate legal entity under the law. In BC, the Business Corporations Act allows for the dissolution of a corporation.

August 30, 2022

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Injury Claims

Civil Litigation

Increased Court Costs Denied Despite COVID

In Dunn v. Heise, 2021 BCSC 2215, the plaintiff was awarded more than $800,000 in damages after being injured in a motor vehicle accident.

August 16, 2022

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Corporate & Commercial

Share Classes

Shareholders do not have any direct ownership in the assets of the company as the company is a separate legal entity.

August 2, 2022

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Injury Claims

Vindictive ICBC Law Struck Down as Unconstitutional

The BC Supreme Court has once again struck down as unconstitutional one of David Eby’s vindictive ICBC laws.

July 19, 2022

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Estate Litigation

Malecek v. Leiren

In certain circumstances, family law and estate litigation claims can intersect. The case of Malecek v. Leiren, 2021 BCSC 1052 is one such example.

July 5, 2022

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Civil Litigation

Injury Claims

Vicarious Liability of Employers

When an employee injures someone in the course of their employment, their employer can be held responsible or vicariously liable.

June 21, 2022

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Civil Litigation

Real Estate

Subject-to Clauses in Real Estate Transactions

Offers to purchase or sell real estate are often conditional on or subject-to something happening.

June 7, 2022

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Injury Claims

Slater v. Courtenay (City)

When a person is injured on another person’s property, they may have recourse under the Occupiers Liability Act.

May 24, 2022

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Civil Litigation

Real Estate

Property Disclosure Statements

When a person is selling their house, they may complete a Property Disclosure Statement (PDS).

May 10, 2022

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Real Estate

Civil Litigation

Panegos v. O’Byrne

If a person agrees to buy a home and fails to complete the purchase, they may be liable to the seller for any damages suffered as a result of the failure to complete.

May 10, 2022

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Civil Litigation

More Incompetence from the CRT

The CRT has previously been called a kangaroo court. Our latest case summary only bolsters that perception.

April 12, 2022

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Injury Claims

ICBC Ordered to Pay Special Costs for Post-Judgment Delays

ICBC has been ordered to pay an injured man special costs for unreasonable conduct following trial.

March 29, 2022

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Civil Litigation

Duty to Defend

If a person who has purchased liability insurance injures another person, the former’s insurance company will typically defend the insured and pay damages to the injured person.

March 15, 2022

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Injury Claims

Key Provisions of CRT Act found Unconstitutional

The Civil Resolutions Tribunal (or CRT) is an administrative tribunal established by the BC government in 2012 to handle disputes between strata councils and property owners.

March 1, 2022

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Real Estate

Civil Litigation

Failing to Disclose Known and Dangerous Defects

Sellers can be held responsible if they fail to disclose certain defects or problems with their property. That is what happened in Karner v. Kuhnke, 2021 BCSC 1942.

February 15, 2022

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Estate Litigation

Committeeship

If an individual loses the capacity to make decisions on their own behalf, they require either an individual with power of attorney or committeeship to step into the position of decision maker on their behalf.

February 2, 2022

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Injury Claims

Devendra v. BC CRT

As we’ve discussed before, the BC Civil Resolution Tribunal has been tasked exclusively with many matters related to ICBC claims.

January 18, 2022

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Injury Claims

CRT Part 7 Decision Update

As of April 1, 2019, substantial changes have been made to ICBC No-Fault benefits.

January 4, 2022

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Injury Claims

Deductions After an ICBC Trial

If a person with an ICBC claim goes to trial and is awarded damages, ICBC can apply to deduct from the judgment any no-fault benefits paid or payable in the future.

December 21, 2021

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Injury Claims

COVID-19 and Injury Claims

The COVID-19 pandemic influenced areas of law such as family, employment, and criminal. However, one area of law which was also affected, though less considered, is personal injury.

December 7, 2021

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Estate Litigation

Mutual Wills

Although not common, mutual wills between spouses are being increasingly used in blended family.

November 23, 2021

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Civil Litigation

Real Estate

Buying a Home? Buyer Beware!

Everyone’s likely heard the phrase “buyer beware”. It’s not just sage advice, but a legal principle.

November 9, 2021

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Corporate & Commercial

Corporations and LTSA Transparency Reports

On November 30, 2020 the Land Owner Transparency Act came into effect. The government’s intention behind the Act is to make public information on ownership in land and reduce fraud in the real estate market.

October 26, 2021

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Estate Litigation

N.S. Court finds Sections of Province’s Wills Variation Legislation Unconstitutional

We rarely comment on cases decided in other provinces as they generally have little to no applicability in British Columbia.

February 3, 2021

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Injury Claims

Evidence at the CRT

The Civil Resolutions Tribunal (or CRT) is an administrative tribunal established by the BC government in 2012 to handle disputes between strata councils and property owners.

January 27, 2021

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Injury Claims

Part 7 Benefits Denied for Violating Terms of License

As discussed in our previous posts, the Civil Resolutions Tribunal (or CRT) is an administrative tribunal originally established by the BC government in 2012.

January 20, 2021

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Injury Claims

Risks of Settling Your “Minor Injury” Claim Early

Thanks to legislation brought in by the BC NDP government, people injured in motor vehicle accidents after April 1, 2019 could be subject to the “minor” injury cap on damages.

January 13, 2021

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Injury Claims

Court Wallops ICBC for Low-Balling Injured Woman

For well over a year, ICBC has been making low-ball offers to injured people, forcing them to either accept much less than their claim is worth or go to trial.

January 6, 2021

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Civil Litigation

Estate Litigation

Pedrozo v. Hope, 2020 BCSC 1578

In this interesting case, the former spouse of the deceased sued his estate for breach of a family law separation agreement made between the parties while the deceased was alive.

December 30, 2020

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Civil Litigation

Territorial Competence of BC Courts to Hear a Case

The Court Jurisdiction and Proceedings Transfer Act, S.B.C. 2003, chapter 28 is a provincial statute that sets out the “territorial competence” of BC courts.

December 23, 2020

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Estate Litigation

Jacobson Estate, 2020 BCSC 1280

We’ve previously written about section 58 of the Wills, Estates and Succession Act, which gives the Court discretion to cure deficiencies in a will or will-like document that would otherwise make it invalid.

December 16, 2020

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Civil Litigation

Vexatious Litigants

As with any institutional process, the court system can be abused by individuals to frustrate and harass innocent parties for nefarious purposes.

December 9, 2020

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Civil Litigation

Security for Costs

Costs are an amount of money meant to compensate a party for the time and expense of having to participate in a Supreme Court case.

December 2, 2020

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Estate Litigation

Pavlovich v. Danilovic, 2020 BCCA 239

The BC Court of Appeal recently heard an appeal from a BC Supreme Court decision granting the daughter of a deceased a declaration that her brother held two properties in-trust for the benefit of the deceased’s estate.

November 24, 2020

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Civil Litigation

Corporate & Commercial

Estate Litigation

Injury Claims

Real Estate

Getting Out of a Settlement Agreement

For one reason or another, a party to a lawsuit may want to get out of a settlement agreement reached with the opposing party.

November 18, 2020

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Civil Litigation

Corporate & Commercial

Estate Litigation

Injury Claims

Real Estate

Being Represented by a Lawyer at the CRT

In all levels of court within British Columbia, persons have the right to be represented by legal counsel. This is not necessarily the case with the Civil Resolutions Tribunal (or CRT).

November 11, 2020

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Civil Litigation

Estate Litigation

Real Estate

Mu v. ICBC, 2020 BCCRT 432

The Civil Resolutions Tribunal (or CRT) is an administrative tribunal originally established by the BC government in 2012 to handle disputes between strata councils and property owners.

November 4, 2020

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Estate Litigation

Tomlyn v. Kennedy, 2008 BCSC 331

In many cases, more than one person may have a claim to vary a deceased person’s will. In that situation, it is important that all claims be heard together so that the Court can assess all claims at once.

October 27, 2020

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Estate Litigation

Levesque Estate (Re), 2019 BCSC 927

In Levesque Estate (Re), 2019 BCSC 927, the BC Supreme Court considered an application by executors to determine whether an alteration to a will was legally effective.

October 20, 2020

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Civil Litigation

Klotz v. Funk, 2019 BCSC 817

The decision of Klotz v. Funk, 2019 BCSC 817 looks at the factors the Court will consider when deciding whether to vary a will in favour of a spouse.

October 13, 2020

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Civil Litigation

Scurek v. Scurek, 2020 BCSC 450

The recent wills variation case of Scurek v. Scurek, 2020 BCSC 450 considers whether a testator can discharge his moral obligations to his adult daughter by benefitting her children at her expense.

October 6, 2020

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Injury Claims

Identifying Hazards before Moving a Parked Vehicle

Those of us who took driver training might remember pre-trip safety lists. If you did, you might recall that one of the most important steps you should do before moving a parked car is to check around it for potential hazards.

September 29, 2020

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Civil Litigation

Estate Litigation

Injury Claims

Civil Jury Trials Suspended for 1 Year

Effective September 28, 2020, all civil jury trials will be suspended for one year. The Ministry of the Attorney General announced this measure in response to the ongoing threat posed by COVID-19.

September 24, 2020

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Injury Claims

ICBC Doctor Gives Medical Opinion about Person they Never Saw

In motor vehicle accident cases, it is essential that expert opinions from doctors are presented to the court in order to assist judges in assessing an individual’s injuries.

September 22, 2020

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Civil Litigation

Driving in Poor Weather Conditions

It is common for drivers in BC to have to contend with foggy and rainy driving conditions.

September 15, 2020

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Estate Litigation

Appealing a Decision of the CRT

The Civil Resolutions Tribunal (or CRT) is an administrative tribunal initially established by the BC government in 2012 to handle disputes between strata councils and property owners.

September 8, 2020

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Civil Litigation

Bill 19: Covid-19 Related Measures Act

Under the authority of the Emergency Program Act, the BC government passed a number of Covid-19 Ministerial Orders relating that were to stay in affect during the duration of the provincial state of emergency.

September 3, 2020

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Injury Claims

ICBC Argues Injured Plaintiff Should be Paid Less because She’s a Woman

When a young woman is injured in a motor vehicle accident it can have a profound impact on her future career plans and earnings.

September 1, 2020

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Corporate & Commercial

Canada Emergency Commercial Rent Assistance Program

In response to the Covid-19 epidemic, the Canadian government has offered unsecured and forgivable loans to eligible commercial property owners to reduce the rent for small business and to meet the operating expenses for commercial properties.

August 27, 2020

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Civil Litigation

COVID-19 and Residential Tenancies

In response to the Covid-19 crisis the BC government enacted a number of measures affecting residential tenancies that remain in effect during the duration of the Provincial State of Emergency.

August 25, 2020

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Wills & Estates

L.T. v. D.T. Estate (Re), 2019 BCSC 2130

In Canada, section 2 of the Assisted Human Reproduction Act sets out that “No person shall remove human reproductive material from a donor’s body after the donor’s death for the purpose of creating an embryo unless the donor has given written consent”.

May 26, 2020

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Real Estate

Estate Litigation

Wills & Estates

Congratulations Alexa Zimmer

Johnston Franklin Bishop is pleased to announce that Alexa Zimmer has been called to the bar, finishing her articles, and is now a lawyer.

May 23, 2020

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Civil Litigation

Grewal v. Litt, 2019 BCSC 1154

The recent decision of Grewal v. Litt, 2019 BCSC 1154 looks at the factors the Court will consider when deciding to vary a will that treats independent adult children unequally.

May 19, 2020

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Civil Litigation

Enns v. Gordon Estate, 2018 BCSC 705

In the 2018 decision of Enns v. Gordon Estate, 2018 BCSC 705, the Court considered estrangement between adult parents and children.

May 12, 2020

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Wills & Estates

Dunsdon v. Dunsdon, 2012 BCSC 1274

The 2012 decision of Dunsdon v. Dunsdon, 2012 BCSC 1274 is frequently cited in cases involving claims by adult children to vary a parent’s will.

May 5, 2020

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Wills & Estates

Gibbons v. Livingston, 2018 BCSC 1452 & 2018 BCCA 443

In the 2018 decisions of Gibbons v. Livingston, 2018 BCSC 1452 and 2018 BCCA 443 our courts addressed competing family law and wills variation claims.

April 28, 2020

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Wills & Estates

Boer v. Mikaloff, 2017 BCSC 21

The 2017 decision of Boer v. Mikaloff, 2017 BCSC 21 addresses the rights of a child who has been adopted, but is named as beneficiary in their biological parent’s will.

April 21, 2020

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Wills & Estates

Bizicki Estate, 2019 BCSC 2142

Prior to the introduction of the Wills, Estates, and Succession Act (WESA) in 2014, a document could only be accepted as a will if it met certain formal requirements.

April 14, 2020

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Wills & Estates

Mayer v. Mayer Estate, 2018 BCSC 2225

The recent decision of Mayer v. Mayer 2018 BCSC 2225 highlights the importance of clarity in estate planning and the limitations of section 60 of the Wills, Estates, and Succession Act.

April 7, 2020

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Civil Litigation

Force Majeure in the Age of Coronavirus

The Coronavirus or COVID-19 Pandemic currently ravaging the world is having a profound influence on most of our lives.

March 31, 2020

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Injury Claims

Extended-Health and Disability Benefits under the New ICBC Regime

Some people have private or employer-provided extended-health and disability plans.

January 1, 2020

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Real Estate

Deposits in Real Estate Transactions

In most residential real estate transactions, the purchasers will pay a deposit to their real estate brokerage upon their offer being accepted.

December 25, 2019

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Wills & Estates

What happens to my Family Law Claim if I die?

If a party to a Supreme Court family law proceeding dies before the matter is resolved, the rules of court allow the case to continue.

December 18, 2019

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Estate Litigation

Notice of Dispute in Estate Matters

A Notice of Dispute can be filed with a B.C. Supreme Court Registry by a party that wishes to oppose certain steps in estate proceedings.

December 11, 2019

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Wills & Estates

What is Probate?

One of the first steps required of an executor or administrator is to determine the deceased person’s assets and liabilities.

December 4, 2019

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Real Estate

Estate Litigation

Residential Tenancies: Purchasing Tenanted Property

If you are purchasing property that is occupied by a tenant, a tenant’s right to occupy the property can survive the change in ownership.

November 27, 2019

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Real Estate

Down Payments vs. Closing Costs in a Real Estate Transaction

Down-payments are often confused with closings costs. Here are the differences between the two.

November 20, 2019

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Injury Claims

Supreme Court Declares BC Government’s Limits on Expert Reports Unconstitutional

People injured in car accidents must generally get an opinion from one or more “experts” in order to prove their claims.

November 13, 2019

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Real Estate

Steps in a Real Estate Transaction

Upon viewing a property and wanting to buy it, a potential buyer will make an offer. The seller may reject or accept the offer, or they may make a counter offer and negotiations will follow.

November 6, 2019

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Real Estate

Buying and Selling a Manufactured Home

Ownership of land is registered in the Land Title Office, and when title to land is transferred the transfer is processed through the Land Title Office.

October 29, 2019

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Injury Claims

What is a "Minor" injury?

After April 1, 2019, all motor vehicle accidents that occur in BC will be subject to a new set of legislation that places a cap on damages for people who suffer “minor” injuries.

October 22, 2019

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Civil Litigation

How does the CRT work?

The Civil Resolutions Tribunal (or CRT) is far less formal than the usual court process. This is because the vast majority of the tribunal’s work is done entirely online.

October 15, 2019

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Estate Litigation

What is the Civil Resolution Tribunal (CRT)?

The Civil Resolution Tribunal (or CRT) is an administrative tribunal established by the BC government in 2012 to handle disputes between strata councils and property owners.

October 8, 2019

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Civil Litigation

Steps in a Lawsuit: Collecting on a Judgment

For a plaintiff, a successful trial will result in a judgment against the defendant. If the defendant has insurance for the type of loss that was sued over, that insurance will satisfy the judgment.

September 24, 2019

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Civil Litigation

Steps in a Lawsuit: Appeals

If, following a Supreme Court trial, a party is unhappy with the decision of the judge, they have the right to appeal the decision to the Court of Appeal.

September 17, 2019

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Civil Litigation

Steps in a Lawsuit: Costs and Cost Assessments

Once a lawsuit has settled or been decided after a trial, the parties must still deal with the matter of court costs.

September 10, 2019

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Civil Litigation

Steps in a Lawsuit: Trial

If the parties are unable to resolve their dispute themselves, the matter will proceed to trial. Trials will either be heard by a judge alone or by a judge with a jury.

September 3, 2019

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Civil Litigation

Steps in a Lawsuit: Trial Management Conference

A trial management conference (TMC) is required in practically all Supreme Court civil lawsuits.

August 27, 2019

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Civil Litigation

Steps in a Lawsuit: Negotiation and Settlement

Once all the facts of a case are known, the parties can begin negotiating to see if a settlement is possible.

August 20, 2019

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Civil Litigation

Steps in a Lawsuit: Applications

At any point during a lawsuit, a party can make an application to the court seeking any number of things.

August 13, 2019

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Civil Litigation

Steps in a Lawsuit: Examinations for Discovery

Examinations for discovery, commonly referred to as simply discoveries, allow one party or their lawyer to question the other party under oath about matters at issue in the lawsuit.

August 6, 2019

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Civil Litigation

Injury Claims

Steps in a Lawsuit: Exchanging Documents

Once pleadings have been filed and exchanged, the next step in a lawsuit is for the parties to compile and exchange all documents in their possession or control that are relevant to the lawsuit.

July 16, 2019

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Civil Litigation

Injury Claims

Steps in a Lawsuit: Starting and Responding to a Lawsuit

A lawsuit involves one person suing another person for something. In Supreme Court, the person who starts a lawsuit is called the plaintiff.

July 9, 2019

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Estate Litigation

I have Separated from my Spouse. Can I make a New Will?

If you and your spouse separate, you can make a new will before you have finalized your divorce and other related matters such as property division and support.

July 2, 2019

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Estate Litigation

Is My Will Still Valid After Separation or Divorce?

If your will appoints your separated or former spouse as the executor, they would be passed-over in favour of the alternate executor.

June 18, 2019

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Estate Litigation

Wills & Estates

What Happens if a Beneficiary Dies?

The death of a beneficiary named in your will can impact the way in which your estate is distributed. The nature of the impact will depend on the terms of your will.

June 11, 2019

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Injury Claims

Changes to ICBC No-Fault Benefits

As of April 1, 2019, substantial changes come into effect for ICBC No-Fault benefits.

June 4, 2019

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Civil Litigation

Residential Tenancies: Changes to the Residential Tenancy Act

Over the last year, there have been substantial changes to the Residential Tenancy Act and Regulation affecting the relationship between tenants and landlords.

May 28, 2019

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Injury Claims

Stapleton v. Andrew

Greg Phillips and Simon Irving just received Reasons for Judgement awarding a young woman more than $161,000 in damages for injuries she suffered in a motor vehicle accident.

May 21, 2019

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