Lawyers

Parental Liability

By Stuart Cappus Kids do the darndest things. Unfortunately, sometimes those things include injuring people or damaging property. For victims of such juvenile indiscretions, suing a child – who no doubt has no income or assets – for compensation is probably pointless. But what about that child’s parents? Can they be held liable for injuries […]

The Apology Act

By Stuart Cappus Sorry! As Canadians, many of us are probably unable to go an entire day without saying the word. But are there any legal consequences to saying you’re sorry? In British Columbia, thanks to the Apology Act, the answer to that question is no. This Act, which has been in force since 2006, […]

New Reasons for Judgment in a commercial tenancy dispute

Greg Phillips has received reasons for judgment from the BC Court of Appeal in a commercial tenancy dispute. Greg was successful at trial for his clients, the tenants, back in 2016. The landlord, however, appealed the decision. Greg was successful in having the appeal of the landlord dismissed. This has been a long battle, with […]

Protecting Your Privacy

Insurance companies can be unscrupulous when it comes to delving into the private lives of people advancing injury claims. Their reason for doing this is simple: try to find something – anything – that they can use against you to deny or minimize your claim. As but one example of this, the federal Privacy Commissioner […]

Dying Without a Will

By Stuart Cappus When a person dies without a will, the Wills, Estates and Succession Act determines who will get their assets. Essentially, the Act provides that the deceased’s closest next of kin will inherit his or her estate. If the deceased is survived by a spouse but not any children, the spouse will receive […]

Partition of Property

By Stuart Cappus For a variety of reasons, two or more people can find themselves owning a single piece of property together. They could have bought the property together. Some or all could have inherited their interest in the property from a former owner. Regardless of how they came to own a property together, there […]

Uninsured Motorists

If you are involved in an accident and the at-fault driver or vehicle doesn’t have insurance, you can still claim up to $200,000 in damages from ICBC for your injuries and other losses. In order to qualify, the accident must have happened in BC on a “highway”, which essentially means any public road and includes […]

Residential Tenancies: Abandoned Property

By Stuart Cappus Tenants often leave things behind when they move out of a rental unit. In certain circumstances, the landlord is entitled to assume that the tenant has abandoned those belongings and proceed to remove and dispose of them. Specifically, if a tenant leaves things behind after moving out at the end of their […]

Residential Tenancies: Evictions

By Stuart Cappus A landlord can evict a tenant for any number of reasons. In all cases, the landlord must give the tenant a certain amount of notice. How much notice depends on the reason the tenant is being evicted. The most common notices of eviction are: 10-day notice: Unpaid Rent If the tenant fails […]

Residential Tenancies: Moving In and Out

By Stuart Cappus When a tenant moves into a rental unit, the landlord will require the tenant to pay a damage deposit. The damage deposit cannot be more than ½ the monthly rent. Right before the tenant moves in, the landlord and tenant should inspect the unit, and complete and sign a Condition Inspection Report. […]

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