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Share Classes

The shareholders of a company are often referred to as the owners of the company. Shareholders do not have any direct ownership in the assets of the company as the company is a separate legal entity. A shareholder’s ownership rights are instead represented by their shares in the company. When purchasing shares of an existing company […]

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 […]

Property Disclosure Statements

When a person is selling their house, they may complete a Property Disclosure Statement (PDS). A PDS contains a series of questions about various aspects of the property and, for each, asks the seller to indicate whether or not they are aware of any issues or problems with that aspect. Examples include:Are you aware of […]

Panegos v. O’Byrne

If a person agrees to buy a home and fails to complete the purchase, they may be liable to the seller for any damages suffered as a result of the failure to complete. That is what happened in Panegos v. O’Byrne, 2019 BCSC 679.In this case, the defendants agreed to buy the plaintiffs’ two condo […]

More Incompetence from the CRT

The CRT has previously been called a kangaroo court. Our latest case summary only bolsters that perception.In Yoon v. British Columbia (Civil Resolution Tribunal), 2021 BCSC 1111, Ms. Yoon, the owner of a strata unit, had a dispute with her strata. Being unable to resolve the dispute, she filed a claim with the CRT and […]

ICBC Ordered to Pay Special Costs for Post-Judgment Delays

ICBC has been ordered to pay an injured man special costs for unreasonable conduct following trial.In Purewal v. Uriarte, 2021 BCSC 1935, the plaintiff was injured in car accident in 2016. ICBC had conduct of the defence on behalf of the at-fault party. The plaintiff’s claim proceeded to trial in June 2020. The judge ultimately […]

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