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Real Estate News
In many cases, more than one person may have a claim to vary a deceased person’s will. In that situation, it is important that all claims be heard together so that the Court can assess all claims at once.The first person to file a lawsuit seeking to vary a deceased person’s will is required to […]
In Levesque Estate (Re), 2019 BCSC 927, the BC Supreme Court considered an application by executors to determine whether an alteration to a will was legally effective.Upon opening the sealed envelope containing Beverly Levesque’s last will, her daughter discovered that a beneficiary’s name had been obscured using whiteout. In holding the document under a light, […]
The decision of Klotz v. Funk, 2019 BCSC 817 looks at the factors the Court will consider when deciding whether to vary a will in favour of a spouse.In this case, Herbert Klotz sought to vary the will of his spouse, Lorraine Klotz. Mrs. Klotz’s will gave Mr. Klotz a life estate in her interest […]
The recent wills variation case of Scurek v. Scurek, 2020 BCSC 450 considers whether a testator can discharge his moral obligations to his adult daughter by benefitting her children at her expense.In Scurek, the testator, Joseph, died leaving a will that divided his estate unequally among his son, daughter, and her two sons. The son, […]
Those of us who took driver training might remember pre-trip safety lists. If you did, you might recall that one of the most important steps you should do before moving a parked car is to check around it for potential hazards. This obligation is set out in section 169 of the Motor Vehicle Act, which […]
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, […]
In motor vehicle accident cases, it is essential that expert opinions from doctors are presented to the court in order to assist judges in assessing an individual’s injuries. Under the rules of court, expert doctors are to evaluate an individual’s injuries in an impartial manner and not act as an advocate for any party when […]
It is common for drivers in BC to have to contend with foggy and rainy driving conditions. When those conditions are present, it is important for motorists to modify their driving to prevent accidents especially when the conditions are such as to affect their visibility.In a case of Ferguson v. Shan, 2019 BCSC 740, the […]
The Civil Resolutions Tribunal (or CRT) is an administrative tribunal initially established by the BC government in 2012 to handle disputes between strata councils and property owners. In 2017 the tribunal’s jurisdiction was expanded to allow them to hear small claims disputes of $5,000 or less. More recently in April of 2019, the NDP government […]
Under the authority of the Emergency Program Act, the BC government passed a number of Covid-19 Ministerial Orders relating that were to stay in affect during the duration of the provincial state of emergency. These orders were set to expire with the end of the state of emergency, which is set to expire on July […]