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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
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
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
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
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
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
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
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
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
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
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
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
Estate Litigation
Mutual Wills
Although not common, mutual wills between spouses are being increasingly used in blended family.
November 23, 2021
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
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
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
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
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
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
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
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
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
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
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