News

Risks of Settling Your “Minor Injury” Claim Early

Thanks to legislation brought in by the BC NDP government, people injured in motor vehicle accidents after April 1, 2019 could be subject to the “minor” injury cap on damages. Crucial to this determination is the definition of “minor” injury. If an injury is determined to be minor an individual’s award for pain and suffering […]

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 […]

Pavlovich v. Danilovic, 2020 BCCA 239

The BC Court of Appeal recently heard an appeal from a BC Supreme Court decision granting the daughter of a deceased a declaration that her brother held two properties in-trust for the benefit of the deceased’s estate.Pavlovich v. Danilovic, 2020 BCCA 239 concerned a deceased father and his two children, Ljuba and Alexander. The wife […]

Getting Out of a Settlement Agreement

For one reason or another, a party to a lawsuit may want to get out of a settlement agreement reached with the opposing party. This is easier said than done as illustrated in the recent case of Wannan v. Hutchison, 2020 BCSC 1233.In that case, the plaintiff claimed damages for injuries and losses allegedly suffered […]

Being Represented by a Lawyer at the CRT

In all levels of court within British Columbia, persons have the right to be represented by legal counsel. This is not necessarily the case with the Civil Resolutions Tribunal (or CRT). The CRT is governed by the Civil Resolution Tribunal Act, S.B.C. 2012, c. 25 which sets out in section 20; 20   (1) Unless otherwise provided […]

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