Is the Agreement Procedurally Unfair? Before a Court will set aside an agreement, it will first consider the circumstances surrounding the agreement and whether the parties entered into the agreement in a fair manner. The Court will consider several factors, such as whether: one party unfairly pressured the other into signing the agreement; one party […]
Upon the separation of two spouses, whether married or common law, spousal support is a critical issue that needs to be discussed. This is especially important for those who are leaving long-term relationships because the effects of separation can be particularly severe for them. Spouses should be aware of a couple of rules that may […]
Estate planning is a complicated process, and it takes a lot of work to ensure that everyone you care about is provided for. Two mechanisms that can be used are Mirror Wills and Mutual Wills. Mirror Wills create identical provisions in multiple wills and are usually used by spouses. For example, each will could leave […]
Ever since 2015, when the Supreme Court of Canada decided in Carter v Canada (Attorney General) that a prohibition on physician-assisted suicide was unconstitutional, Canada has had to redefine what end of life care means and what rights individuals have at this time. This is an ongoing process that will likely continue for many years. […]
After a motor vehicle accident it is very important to gather the appropriate information in case of a he said/she said battle over legal responsibility or liability. Assuming that you do not need emergency medical attention after the motor vehicle accident you should look at and record the other driver’s licence number, the licence plate […]
On your usual commute to work something unusual happens. While driving to work, a wild animal darted across the road which resulted in you colliding with another vehicle and injuring the other driver. The other driver has sued you and the liability for the accident has currently been assigned to you at 100%. You are […]
Not every attempt to make a valid Will is successful. The Wills Estates and Succession Act (WESA) of British Columbia has certain requirements that must be established and proven if the Will is to be deemed valid. There is an age requirement that is designated by s. 36 of the WESA. S. 36 states that […]
Once liability (or legal responsibility) for a motor vehicle accident has been determined the remaining question is the quantum or amount of damages to be awarded. There are 5 different heads of damages that must be considered in arriving at the final amount: past wage loss, future wage loss, non-pecuniary damages, costs of future care […]
Change of Business Name Approximately 30 years ago, you started a masonry business. You decided to call this company “Smith’s Masonry Services”. Business was good so you started to look at adding different business lines. You found that there was a need for masonry in the assembly of fireplaces. Things further evolve and you notice […]
The Civil Resolution Tribunal is designed to provide affordable access to justice in BC. As stated in the Supreme Court of Canada in Hryniak v Mauldin, 2014 SCC 7, “Ensuring access to justice is the greatest challenge to the rule of law in Canada today. Most Canadians cannot afford to sue when they are wronged […]