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. 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 […]

More Incompetence from the CRT

The CRT has previously been called a kangaroo court. Our latest case summary only bolsters that perception.In Yoon v. British Columbia (Civil Resolution Tribunal), 2021 BCSC 1111, Ms. Yoon, the owner of a strata unit, had a dispute with her strata. Being unable to resolve the dispute, she filed a claim with the CRT and […]

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. However, are instances where an insurance company can rightly refuse to defend an insured. That was what happened in the recent case of Henderson v. Northbridge General Insurance […]

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.In Karner, the defendant-sellers had listed their rental property for sale. They hadn’t lived at the property for 8 years and it was tenanted at the time of […]

Buying a Home? Buyer Beware!

Everyone’s likely heard the phrase “buyer beware”. It’s not just sage advice, but a legal principle. Also known as caveat emptor, the principle of buyer beware remains a force to be reckoned with especially when it comes to buying a home.Caveat emptor places the responsibility on the purchaser of real estate to satisfy themselves as […]

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.The female claimant and the deceased had been married for 9 years before separating. The deceased was significantly older than the claimant. The claimant had a […]

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