Stuart Cappus

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. […]

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 […]

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 […]

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