Lawyers

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. […]

Steps in a Lawsuit: Examinations for Discovery

Examinations for discovery, commonly referred to as simply discoveries, allow one party or their lawyer to question the other party under oath about matters at issue in the lawsuit. Short of a trial, this is probably the most intense and important part of a lawsuit for parties. Discoveries are done for several reasons. First, they […]

I have Separated from my Spouse. Can I make a New Will?

If you and your spouse separate, you can make a new will before you have finalized your divorce and other related matters such as property division and support. However, if you were to pass away, your family law claim must be resolved before any family assets that are supposed to pass through your estate are […]

Is My Will Still Valid After Separation or Divorce?

An existing will is still valid after separation or divorce. However, section 56(2) of the Wills, Estates and Succession Act, S.B.C. 2009, ch.13 provides that any appointment, power of appointment, or gift to a spouse of a will-maker who has ceased to be a spouse at the time of the will-maker’s death is revoked. If […]

What Happens if a Beneficiary Dies?

The death of a beneficiary named in your will can impact the way in which your estate is distributed. The nature of the impact will depend on the terms of your will. Estates are often distributed by way of their “residue” as opposed to the distribution of specific assets. The residue of your estate is […]

Stapleton v. Andrew

Greg Phillips and Simon Irving just received Reasons for Judgement awarding a young woman more than $161,000 in damages for injuries she suffered in a motor vehicle accident. While driving home after work one night, our client was rear-ended by a distracted driver. The driver tried to flee the scene, but fortunately was followed by […]

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 […]

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 […]

Infant Claims and Settlements

By Stuart Cappus In British Columbia, the age of majority is 19 years old. Once a person turns 19, the law generally presumes that they are able to manage and make their own decisions regarding their legal and financial affairs. Conversely, the law considers individuals who are under 19 to be “infants” or “minors”, and […]

Event Data Recorders

By Stuart Cappus Most modern vehicles come equipped with Event Data Recorders (EDRs). Their job is to record various pieces of information about a vehicle’s operation in the seconds before, during and after an accident. They are usually triggered by the vehicle’s air bags deploying. Once triggered, they record a number of vehicle parameters including […]

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