Force Majeure in the Age of Coronavirus

The Coronavirus or COVID-19 Pandemic currently ravaging the world is having a profound influence on most of our lives. Social distancing, isolation, and quarantining mean that people are unable to go about their lives as usual. We can no longer travel or gather with others the way we used to only a matter of weeks […]

Extended-Health and Disability Benefits under the New ICBC Regime

Some people have private or employer-provided extended-health and disability plans. Extended-health plans cover some of the cost of health care expenses such as prescription drugs while disability plans cover some of a person’s wages if they’re unable to work. In most instances, if a person is injured in a motor vehicle accident and needs to […]

Deposits in Real Estate Transactions

In most residential real estate transactions, the purchasers will pay a deposit to their real estate brokerage upon their offer being accepted. The deposit is usually paid within a specified timeframe following the seller’s acceptance of the offer, and prior to subject conditions being removed. There is no legislated or mandatory timeframe for payment of […]

What happens to my Family Law Claim if I die?

If a party to a Supreme Court family law proceeding dies before the matter is resolved, the rules of court allow the case to continue. Family law proceedings can also be started after one party has died provided, of course, that they are filed in the within the appropriate time period. Under the Family Law […]

Notice of Dispute in Estate Matters

A Notice of Dispute can be filed with a B.C. Supreme Court Registry by a party that wishes to oppose certain steps in estate proceedings. The Notice of Dispute has replaced caveats. The most common reason for filing a Notice of Dispute is to oppose the issuance of a grant of probate or administration; however, […]

What is Probate?

One of the first steps required of an executor or administrator is to determine the deceased person’s assets and liabilities. In most cases, this will indicate whether a grant of probate is required. Probate is a grant from the Supreme Court confirming the authenticity of the deceased’s last will, and giving the executor appointed in […]

Residential Tenancies: Purchasing Tenanted Property

If you are purchasing property that is occupied by a tenant, a tenant’s right to occupy the property can survive the change in ownership. If the purchaser or a close family member of the purchaser intends to occupy the property, they must ask the current owner to provide two months’ notice to the tenant. This […]

Down Payments vs. Closing Costs in a Real Estate Transaction

Down-payments are often confused with closings costs. Here are the differences between the two.  Down Payment A down payment is an amount lenders require you to come up with yourself. This amount will be applied towards the purchase price together with the mortgage funds received from your lender. The amount is usually calculated as a […]

Supreme Court Declares BC Government’s Limits on Expert Reports Unconstitutional

People injured in car accidents must generally get an opinion from one or more “experts” in order to prove their claims. These opinions most often come from doctors although they can also come from other professionals such as occupational therapists and economists. These opinions must be written down in the form of an expert report. […]

Steps in a Real Estate Transaction

Initial Offer Upon viewing a property and wanting to buy it, a potential buyer will make an offer. The seller may reject or accept the offer, or they may make a counter offer and negotiations will follow. The document containing the offer is called a Contract of Purchase and Sale, and will be amended based […]

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