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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 […]
The BC Human Rights Tribunal handles all complaints of discrimination under the BC Human Rights Code in BC. An individual who has been discriminated against with regards to their employment, publically available services, accommodation and/or publications can begin the process by filing a complaint with the Tribunal in person, by mail, fax or online. After […]
By Stuart Cappus The Sale of Goods Act applies to any contract where one person sells goods to another. From a teapot to a car, the goods in question can be any kind of personal property. These contracts of purchase and sale don’t have to be and often aren’t in writing. Most of the time […]