Stuart Cappus

Jones v. Davidson, 2022 BCCA 31

Whether two people were spouses is becoming an increasingly common issue in estate litigation in BC. The BC Court of Appeal decision in Jones v. Davidson, 2022 BCCA 31 is yet another example.In this case, the Deceased, Larry Jones, died without a will on March 18, 2014. At the time of his death, he had […]

Dog Attacks

Most personal injury claims are based on negligence. Essentially, the law of negligence provides that where one person fails to take reasonable care and injures another person as a result, the first person is responsible for any injuries and consequent losses suffered by the other person. Dog bite claims are unique in that they can be […]

Partition of Property and Party Wall Agreements

Where a property is jointly owned and the owners cannot agree on whether to sell it or not, the Partition of Property Act allows the owner who wants to sell to apply to the Court for an order that the property be sold. Where the owner who wants to sell the property has at least […]

Unger Estate (Re), 2022 BCSC 189

Can a person who murdered another person inherit from the latter’s estate? If no, who stands to inherit in place of that person? Those were the questions in Unger Estate (Re). In Unger Estate (Re), 2022 BCSC 189, the Deceased, Lois Unger, died on February 24, 2016. She was survived by her two sons, Clayton […]

Increased Court Costs Denied Despite COVID

In Dunn v. Heise, 2021 BCSC 2215, the plaintiff was awarded more than $800,000 in damages after being injured in a motor vehicle accident. Following the trial, the parties returned before the trial judge to resolve the issue of court costs. As we’ve discussed before, costs are an amount of money awarded to the successful […]

Vindictive ICBC Law Struck Down as Unconstitutional

The BC Supreme Court has once again struck down as unconstitutional one of David Eby’s vindictive ICBC laws. This time around it was his scheme to prevent accident victims from fully recovering the expenses they have to incur to prove their claim. These expenses are known as disbursements.  Disbursements can include things such as the cost […]

Malecek v. Leiren

In certain circumstances, family law and estate litigation claims can intersect. The case of Malecek v. Leiren, 2021 BCSC 1052 is one such example.In Malecek, the deceased, a man named Hall, died at the age of 79. He was survived by his wife of 37 years, Carol, and four daughters from a prior marriage. He […]

Vicarious Liability of Employers

When an employee injures someone in the course of their employment, their employer can be held responsible or vicariously liable. The rationale is that it is the employer who introduced an enterprise that carries risk into the community and should bear the loss when that risk materializes.Employers will be vicariously liable for the actions or […]

Subject-to Clauses in Real Estate Transactions

Offers to purchase or sell real estate are often conditional on or subject-to something happening. For instance, the offer to purchase could be subject-to the buyer obtaining financing or being satisfied with the results of a home inspection. If the conditions to the purchase and sale are not met, typically the sale will not complete. […]

Slater v. Courtenay (City)

When a person is injured on another person’s property, they may have recourse under the Occupiers Liability Act. The OLA requires that the occupier of a property take reasonable care to ensure that persons on their property are reasonably safe. This includes property owned by municipalities. However, the rather unique case of Slater v. Courtenay […]

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