News

Evidence at the CRT

The Civil Resolutions Tribunal (or CRT) is an administrative tribunal 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. The current BC government drastically expanded the tribunal’s jurisdiction to […]

Part 7 Benefits Denied for Violating Terms of License

As discussed in our previous posts, the Civil Resolutions Tribunal (or CRT) is an administrative tribunal originally established by the BC government in 2012 to handle disputes between strata councils and property owners. In 2019, the jurisdiction of the CRT was significantly expanded by the BC NDP government to include determining when a person is […]

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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