Our experienced lawyers will assist you in navigating the court system and will instill the necessary confidence to make the right decisions. We focus on the needs of clients in selecting the appropriate tools and avenues for each unique situation, which can include negotiation, mediation, and trial. We support our clients through each step of the legal process, from discovery, to mediation, to trial.
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The first step in any BC Provincial Court case, often referred to as Small Claims, is for the defendant(s) to be served with a Notice of Claim. It is a requirement that if served within BC a Defendant must file a Reply within 14 days. If served outside BC the time period is 30 days. […]
By Stuart Cappus Court costs, known more simply as “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. When a party has a lawyer, costs help offset the party’s legal fees. Generally, only the party who is successful is […]
It is important before commencing any legal action in the Provincial Court of British Columbia often referred to as the Small Claims court that the action is within the jurisdiction of the court. If you file in the wrong court it can have significant repercussions such as your case being dismissed and being unable to […]
By Stuart Cappus Many people operate businesses through corporations. The law considers corporations to be persons separate and apart from the individuals who create, own and operate them. The individuals involved in the ownership and management of a corporation can be broken down into three categories: shareholders, directors and officers. Shareholders own the corporation by […]
An employer maintains the right to terminate an employee’s employment but is required under both the Employment Standards Act and common law to provide appropriate notice or pay in lieu of notice to terminated employees. Notice is not required if the employer terminates an employee within their probationary or if the employer has just cause […]
The Builder’s Lien Act, SBC 1997, C45, allows a builder to file a lien against the title of a property they have worked on and not received payment related to that work. The lien if registered is attached to the title of the property like any other encumbrance. If title for the property is pulled […]
By Stuart Cappus Tenants and landlords often enter into fixed-term rental agreements. Commonly referred to as leases, these agreements provide the parties with some assurance as to how long the tenancy will last. But what if a tenant breaks the lease by moving out early before the term is up? When this happens, the landlord […]
After both parties have filed their initial documentation in a Small Claims Dispute the court registry will set the matter down for a settlement conference. There is always the risk that a matter proceeding forward in Small Claims may not go in an individual favour and it is often a burdensome task for all the […]
If an individual is successful in a legal action in another province or country it is possible for them to have that judgement recognized by the BC court system. The law regarding foreign and interprovincial judgements is complex but it is possible in some cases to use the same enforcement mechanisms available as if the […]
Often an individual struggles to return to their employment immediately following an injury and may have to take several months off or be permanently off work depending on the severity of the injury. Some employees will have the advantage of short term and long term disability programs but these may not be available to all […]