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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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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

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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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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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

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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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

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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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

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

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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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

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

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

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

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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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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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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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

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

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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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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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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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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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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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

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

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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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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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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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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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

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

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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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

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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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

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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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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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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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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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

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

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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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

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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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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