Civil Litigation


Parties to a lawsuit are generally required to produce all documents in their possession or control that are relevant to the matters at issue in the lawsuit. However, there are exceptions to this general rule. Documents that are properly subject to some form of “privilege” can be withheld from production. The three common types of […]

Carroll v. Allen

Even though a property is rented to tenants, that property can be sold. Sometimes the buyer is willing to accept the current tenant and become their new landlord. Sometimes, however, the buyer wants to move into the property and, thus, requires that the tenant vacate the property. Section 49(5) of the Residential Tenancy Act allows […]

Newhouse v. Garland, 2022 BCCA 276

Two people can hold title to real estate in one of two ways. The first is as tenants in common. Where two people hold real estate as tenants in common, when one dies, their share is distributed as per their will or, if they don’t have a will, in accordance with intestacy laws. The second […]

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. A plaintiff may also file a CPL against title to a property if permitted to do so under […]

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. Where the owner who wants to sell the property has at least […]

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. Following the trial, the parties returned before the trial judge to resolve the issue of court costs. As we’ve discussed before, costs are an amount of money awarded to the successful […]

Vicarious Liability of Employers

When an employee injures someone in the course of their employment, their employer can be held responsible or vicariously liable. The rationale is that it is the employer who introduced an enterprise that carries risk into the community and should bear the loss when that risk materializes.Employers will be vicariously liable for the actions or […]

Subject-to Clauses in Real Estate Transactions

Offers to purchase or sell real estate are often conditional on or subject-to something happening. For instance, the offer to purchase could be subject-to the buyer obtaining financing or being satisfied with the results of a home inspection. If the conditions to the purchase and sale are not met, typically the sale will not complete. […]

Property Disclosure Statements

When a person is selling their house, they may complete a Property Disclosure Statement (PDS). A PDS contains a series of questions about various aspects of the property and, for each, asks the seller to indicate whether or not they are aware of any issues or problems with that aspect. Examples include:Are you aware of […]

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. That is what happened in Panegos v. O’Byrne, 2019 BCSC 679.In this case, the defendants agreed to buy the plaintiffs’ two condo […]

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