Entries by Heath Law, Nanaimo Lawyers

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Wills and Undue Influence

In the recent case of Trudeau v Turpin, 2019 BCSC 150, the Supreme Court of British Columbia considered the concept of undue influence and the application of section 52 of the British Columbia Wills, Estates and Succession Act. “Undue influence” refers to a situation where a will-maker has been improperly influenced such that the Will […]

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Family Law: Date of Separation

When dealing with a divorce or separation from a spouse, determining the date of separation could be crucial.  For example, if the value of an asset is being divided as of the date of separation (a bank account, for example), then the date of separation could be crucial if the balance goes up or down […]

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The Speculation and Vacancy Tax Act

The Speculation and Vacancy Tax Act The Speculation and Vacancy Tax Act (the “Act”) was enacted by the British Columbia provincial government on November 27, 2018. The purpose of the Act is to combat speculation in the residential housing market and turn empty houses into homes for BC residents. General Information about the Act Unless […]

Proprietary Estoppel

Generally, when asking a Court to find that a promise between two parties is legally enforceable, the Court will require the elements of a contract to be present. The basic elements of a contract include, among other things, offer, acceptance, and consideration. While all of the elements are vital, consideration (some benefit flowing to both […]

Collaborative Family Law

Collaborative family law is a form of dispute resolution where each spouse is separately represented by a lawyer, and the spouses and their lawyers sign a participation agreement which provides for the following: If either party starts contested court proceedings, all of the collaborative professionals (including the lawyers) are disqualified from acting for the parties; […]

Litigation – What is an Examination for Discovery

What is an Examination for Discovery? In nearly all litigation matters, parties will undergo what is termed an “Examination for Discovery” or “Discovery” for short. Typically, a Discovery means that you will be questioned under oath by a lawyer acting for the other party in your legal action. The main purpose is to learn more […]

Surveillance Cyber Searches Social Media

Surveillance, Cyber Searches and Social Media Most personal injury lawyers will warn you to close down your social media accounts, or limit access, once you commence your personal injury claim. While such advice is not misguided, it generally only applies to select claims: those involving alleged catastrophic losses or those involving litigants who appear to […]