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 […]
Consequences of Faulty Estate Planning Wills are intricate instruments where details matter. The preparation of a Will requires care and diligence. If improper care is taken, certain gifts may not be received by the person or entity that the Will-maker intended. This article will canvas two areas where the gifts in a Will may not […]
BC Limitations Act In 2013 the new BC Limitation Act (“BCLA”) came into force. There are many differences between the BCLA and the old BC Limitation Act. Two of these differences are in relation to s. 14 and s. 15 of the BCLA. S.14 of the BCLA relates to the limitation period for demand obligations. […]
Dying Without a Will – Intestacy Distribution When a person dies in British Columbia without a valid Will they are deemed to have died “intestate”. Since the person who died does not have a Will that distributes their property, there has to be a mechanism for the distribution of that property. That mechanism is found […]
Can You Modify a Contract Without Consideration? Imagine that you lend $100.00 to a friend named Sally, so that she can buy a car. You are a good friend and you agree to lend Sally the money interest-free. You ask to be paid back the full amount within a year. When the year is up, […]
What is a Certificate of Pending Litigation and How it is Removed? What is a Certificate of Pending Litigation? A certificate of pending litigation (CPL) is available to a party to a proceeding where that party claims an estate or interest in land. The party may register a CPL against the land in the land […]
Under Section 18 of the Supreme Court Act of British Columbia and Section 29 of the Court of Appeal Act of British Columbia, a person can be deemed a vexatious litigant. Section18 of the Supreme Court Act is stated below and Rule 29 is nearly identical. 18 If, on application by any person, the court […]
In BC, a Court can award spousal support to provide redress to a recipient spouse for an economic disadvantage arising from the marriage or for conferring an economic advantage on a payor spouse. This is known as “compensatory support.” In the recent case of Wilson v. Garbella, 2018 BCSC 864 [“Wilson”], the Court adopted the […]
s.60 of the British Columbia Wills, Estates and Succession Act (WESA) allows the court to adjust the Will of a Will-maker if, in the courts opinion, the Will does not adequately provide for the Will-makers spouse or children. Does a child who is adopted by other parents after birth, but who is named as a […]