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 […]
While it is important to register any family law agreement with the Court to ensure that the agreement has the force of a Court Order, failing to file the agreement will not necessarily be detrimental to having the Court enforce the terms of the agreement as if the agreement was an Order of the Court. […]
When parties separate, one party may seek spousal support between when the issue of spousal support is first heard and the point at which the court makes its final decision (for example, when the Court makes a divorce order or makes final orders with respect to property division and support). This is known as “interim […]
A Will that contains unclear provisions may be found to be invalid or the particular gifts that are the subject of the unclear provisions may fail. People attempting to write their own Wills may be unaware that the Will is unclear. However, there may be more than one possible interpretation that the Will-maker did not […]
A Court action is started in Small Claims Court when the Plaintiff files a Notice of Claim with the Court Registry. When a Small Claim Court action is concluded by settlement, the Plaintiff will file a Notice of Withdrawal. When a Notice of Withdrawal is filed, it stops the action and any associated Court processes. […]
In BC, “spouses” are entitled to certain rights upon separation including support and a shared interest in “family property”. Two people will qualify as spouses in BC if they live in a “marriage-like relationship” for a period of two years. Whether or not two people qualify as one another’s “spouses” under the Family Law Act […]