Stuart Cappus

Devendra v. BC CRT

As we’ve discussed before, the BC Civil Resolution Tribunal has been tasked exclusively with many matters related to ICBC claims. Significantly, this includes exclusively jurisdiction over fault for certain accidents and an injured person’s entitlement to no-fault benefits. Given the importance of the matters the CRT has been tasked to decide, you would expect that […]

Deductions After an ICBC Trial

If a person with an ICBC claim goes to trial and is awarded damages, ICBC can apply to deduct from the judgment any no-fault benefits paid or payable in the future. The purpose of such deductions is to avoid double recovery ie. making sure the person does not receive more than what they are entitled […]

Buying a Home? Buyer Beware!

Everyone’s likely heard the phrase “buyer beware”. It’s not just sage advice, but a legal principle. Also known as caveat emptor, the principle of buyer beware remains a force to be reckoned with especially when it comes to buying a home.Caveat emptor places the responsibility on the purchaser of real estate to satisfy themselves as […]

N.S. Court finds Sections of Province’s Wills Variation Legislation Unconstitutional

We rarely comment on cases decided in other provinces as they generally have little to no applicability in British Columbia. Such is not the case with Lawen Estate v. Nova Scotia (Attorney General), 2019 NSSC 162. This decision of the Nova Scotia Supreme Court has the potential to drastically alter wills variation claims throughout the […]

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 […]

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