Stuart Cappus

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 […]

Residential Tenancies: Breaking a Lease

By Stuart Cappus Tenants and landlords often enter into fixed-term rental agreements. Commonly referred to as leases, these agreements provide the parties with some assurance as to how long the tenancy will last. But what if a tenant breaks the lease by moving out early before the term is up? When this happens, the landlord […]

Sale of Goods Act

By Stuart Cappus The Sale of Goods Act applies to any contract where one person sells goods to another. From a teapot to a car, the goods in question can be any kind of personal property. These contracts of purchase and sale don’t have to be and often aren’t in writing. Most of the time […]

Residential Tenancies: Removing a Tenant

By Stuart Cappus We’ve previously discussed how a landlord can evict a tenant from a rental unit. However, evicting a tenant does not ensure that they will actually leave the unit. Despite being served with an eviction notice, some tenants simply refuse to leave willingly. What is a landlord to do in that situation? The […]

Releases

By Stuart Cappus A release is like a liability waiver in that it is a contract between two parties concerning the right of one to sue the other. However, whereas liability waivers are signed before an incident or loss occurs, releases are signed after the fact and only once the parties have settled their dispute. […]

Section 58 of the Wills, Estates and Succession Act

By Stuart Cappus To be valid, a will must be in writing, signed by the will-maker in the presence of two witnesses who are present at the same time, and signed by those two witnesses in the presence of the will-maker. Historically in BC, a will could not be admitted to probate unless these formal […]

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 […]

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