Stuart Cappus

Court Wallops ICBC for Low-Balling Injured Woman

For well over a year, ICBC has been making low-ball offers to injured people, forcing them to either accept much less than their claim is worth or go to trial. This perverse tactic has clogged up our court system resulting in many cases being adjourned to a later date due to a lack of judicial […]

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 […]

Territorial Competence of BC Courts to Hear a Case

The Court Jurisdiction and Proceedings Transfer Act, S.B.C. 2003, chapter 28 is a provincial statute that sets out the “territorial competence” of BC courts. Essentially, territorial competence has to do with whether a BC court or a court in another jurisdiction (be it another province, country, or subdivision of another country) is best suited to […]

Jacobson Estate, 2020 BCSC 1280

We’ve previously written about section 58 of the Wills, Estates and Succession Act, which gives the Court discretion to cure deficiencies in a will or will-like document that would otherwise make it invalid. Until recently, section 58 had been used to give testamentary effect to defective wills or will-like documents. However, in Jacobsen Estate, Re, […]

Vexatious Litigants

As with any institutional process, the court system can be abused by individuals to frustrate and harass innocent parties for nefarious purposes. This generally happens when such individuals regularly sue other on baseless grounds. Fortunately, those on the receiving end of such lawsuits have a remedy.Section 18 of the Supreme Court Act empowers the court […]

Security for Costs

As we’ve discussed before, 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. Costs are generally paid to the successful litigant by the unsuccessful one.While costs are not typically payable until the end of a lawsuit, in some cases […]

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 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 […]

1 2 3 4 5 >»