News

Devendra v. BC CRT

As we’ve discussed before, the BC Civil Resolution Tribunal has been tasked exclusively with many matters related to ICBC claims. Significantly, this includes exclusively jurisdiction over fault for certain accidents and an injured person’s entitlement to no-fault benefits. Given the importance of the matters the CRT has been tasked to decide, you would expect that […]

CRT Part 7 Decision Update

As of April 1, 2019, substantial changes have been made to ICBC No-Fault benefits. Also known as “Part 7” benefits, these benefits are generally available to all British Columbia motorists involved in a collision regardless of whether they are at fault or not. These benefits primarily cover treatment expenses and disability benefits.The current BC government […]

Deductions After an ICBC Trial

If a person with an ICBC claim goes to trial and is awarded damages, ICBC can apply to deduct from the judgment any no-fault benefits paid or payable in the future. The purpose of such deductions is to avoid double recovery ie. making sure the person does not receive more than what they are entitled […]

COVID-19 and Injury Claims

The COVID-19 pandemic influenced areas of law such as family, employment, and criminal.  However, one area of law which was also affected, though less considered, is personal injury.  We’ve summarised two cases for a quick snapshot of how the courts have dealt with the effects of COVID-19 on ICBC cases.The Effect of COVID-19 on Lost […]

Mutual Wills

Although not common, mutual wills between spouses are being increasingly used in blended family. If two spouses make identical (mirror) wills leaving their respective estates to each other, after the first spouse dies the surviving spouse can change their will as they please. This gives the surviving spouse flexibility moving forward with their life and […]

Buying a Home? Buyer Beware!

Everyone’s likely heard the phrase “buyer beware”. It’s not just sage advice, but a legal principle. Also known as caveat emptor, the principle of buyer beware remains a force to be reckoned with especially when it comes to buying a home.Caveat emptor places the responsibility on the purchaser of real estate to satisfy themselves as […]

Corporations and LTSA Transparency Reports

On November 30, 2020 the Land Owner Transparency Act came into effect. The government’s intention behind the Act is to make public information on ownership in land and reduce fraud in the real estate market. The Act requires the disclosure of both direct interests in land and parties who have a meaningful interest or indirect […]

N.S. Court finds Sections of Province’s Wills Variation Legislation Unconstitutional

We rarely comment on cases decided in other provinces as they generally have little to no applicability in British Columbia. Such is not the case with Lawen Estate v. Nova Scotia (Attorney General), 2019 NSSC 162. This decision of the Nova Scotia Supreme Court has the potential to drastically alter wills variation claims throughout the […]

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 […]

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