Lawyers

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.Pavlovich v. Danilovic, 2020 BCCA 239 concerned a deceased father and his two children, Ljuba and Alexander. The wife […]

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.Civil jury trials had previously been suspended due to COVID-19. This announcement extends that suspension to October 4, 2021.As a result, any civil lawsuit, […]

Steps in a Real Estate Transaction

Initial OfferUpon viewing a property and wanting to buy it, a potential buyer will make an offer. The seller may reject or accept the offer, or they may make a counter offer and negotiations will follow. The document containing the offer is called a Contract of Purchase and Sale, and will be amended based on […]

Steps in a Lawsuit: Collecting on a Judgment

For a plaintiff, a successful trial will result in a judgment against the defendant. If the defendant has insurance for the type of loss that was sued over, that insurance will satisfy the judgment. However, if there is no insurance and the defendant refuses to pay the judgment voluntarily, the plaintiff has several ways of […]

Steps in a Lawsuit: Appeals

If, following a Supreme Court trial, a party is unhappy with the decision of the judge, they have the right to appeal the decision to the Court of Appeal. This must be done within 30 days of the decision being rendered. The two typical grounds on which a party would appeal a trial decision are […]

Steps in a Lawsuit: Costs and Cost Assessments

Once a lawsuit has settled or been decided after a trial, the parties must still deal with the matter of court costs. Known simply as “costs”, these 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 […]

Steps in a Lawsuit: Trial

If the parties are unable to resolve their dispute themselves, the matter will proceed to trial. Trials will either be heard by a judge alone or by a judge with a jury. In essence, a trial consists of each party presenting evidence that they believe proves the point they’re trying to make. The other party […]

Steps in a Lawsuit: Trial Management Conference

A trial management conference (TMC) is required in practically all Supreme Court civil lawsuits. A TMC is a hearing before a master or judge to ensure that the parties are ready to proceed to trial as scheduled. Before a TMC occurs, each party must file and serve a trial brief. A trial brief summarizes the […]

Steps in a Lawsuit: Negotiation and Settlement

Once all the facts of a case are known, the parties can begin negotiating to see if a settlement is possible. While this can happen at any stage of the litigation, it most generally happens after examinations for discovery. Negotiations are conducted on a without prejudice basis. This means that anything a party says during […]

Steps in a Lawsuit: Applications

At any point during a lawsuit, a party can make an application to the court seeking any number of things. Generally, a party makes an application to get something that will help them either prosecute or defend against the lawsuit. For instance, if a party wants more documents, they can make an application for them. […]

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