Civil Litigation

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. Given that the pleadings define the matters at issue in the lawsuit, they will form the basis for determining what documents […]

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. The lawsuit is started by filing a notice of civil claim with the court registry. The notice of civil claim sets out the factual and legal basis for the claim, and what […]

Residential Tenancies: Changes to the Residential Tenancy Act

Over the last year, there have been substantial changes to the Residential Tenancy Act and Regulation affecting the relationship between tenants and landlords. The biggest change is the removal of vacate-clauses from fixed-term tenancy agreements unless the tenancy unit is going to be occupied by the landlord or a family member. In the past, these […]

Small Claims Default Judgement

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. […]

Court Costs

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 […]

Small Claims Jurisdiction

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 […]

Derivative Actions

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 […]

What is Cause?

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 […]

What is a Builder’s Lien

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 […]

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 […]

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