Month: November 2017

Residential Tenancies: Breaking a Lease

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 […]

What is a Small Claims Settlement Conference?

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 […]

Foreign and Interprovincial Judgments

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 […]

Public Resources Available if Unable to Work due to Disability

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 […]

Steps in a BC Human Rights Complaint

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 […]

Sale of Goods Act

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 […]

Non-Reported Income and Injury Claims

Financial records of wages/earning are helpful when trying to show to a court the economic losses an individual has suffered as a result of an injury. It is important to ensure that accurate records are maintained and that appropriate accounting help is prioritized following an injury. Many individuals receive cash tips related to their employment […]

Residential Tenancies: Landlords Liability for Rental Units

As more individuals choose to rent out basements suites or invest in rental properties it is important for potential landlords to be aware of their liability for accidents or falls that occur on their rental property. Residential landlords may not have complete control over a rented premises or the members of the public who have […]

Economic Losses for Self-Employed Individuals when Injured

The courts have long held that a plaintiff in a personal injury case should be awarded damages necessary to place them in the same position they would have been if the accident had never occurred. At times it can be challenging for the courts to identify and determine the magnitude of losses suffered by an […]