Author Archive

Limitation Periods and Emails: Can an Email Signature Extend a Limitation Period?

By Jeremy Burgess
Categories: Blog, Litigation
One of the first tasks in any potential litigation matter is to identify the applicable limitation period.

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When Breaches of the Strata Property Act Result in a Forced Sale

By Jeremy Burgess
Categories: Blog, Litigation
We’ve all had them at some point: those neighbour you can’t seem to get along with.

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Buying and Selling Property in a Hot Market: Flipping a Contract of Purchase and Sale

By Jeremy Burgess
Categories: Blog, Litigation
It is most likely common knowledge that, for quite some time, the housing market in the lower mainland has been a highly competitive environment.

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First Appeal from the Civil Resolution Tribunal

By Jeremy Burgess
Categories: Blog, Litigation
The Civil Resolution Tribunal is Canada's first online tribunal.

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If You’re Going to Build, Do it Right: Subsequent Owners’ Right to Sue a Builder and/or Former Owners

By Jeremy Burgess
Categories: Blog, Litigation
Building your own home can be a challenging, but rewarding experience. Many property owners will choose to oversee or complete the construction of their home.

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Real Property, Legal Title, Equitable Title and the Torrens System: Presumptions as to Ownership

By Jeremy Burgess
Real property ownership in British Columbia is governed by a modified Torrens system for title registration.

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Builders Liens: Strict Compliance or Lose Your Lien

By Jeremy Burgess
Categories: Blog, Litigation
While not guaranteeing the settlement of disputes, the Builders Lien Act provides a powerful tool for contractors, subcontractors, workers and suppliers.

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New Monetary Limit in Small Claims and the Enhanced Role of the Civil Resolution Tribunal

By Jeremy Burgess
Categories: Blog, Litigation
The Government of British Columbia recently announced significant changes to how legal disputes worth less than $5,000 and between $5,000 and $35,000 get resolved.

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Overplaying Your Hand: Risking Special Costs

By Jeremy Burgess
Categories: Blog, Litigation
When commencing a claim or a counterclaim, there is a temptation to throw every allegation at the wall just to see what sticks.

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The Follies of Forum Shopping

By Jeremy Burgess
Categories: Blog, Litigation
In previous articles, I discussed the interactions between attornment, territorial competence, the forum of convenience and the law informing where litigation will proceed. These issues all intersected in the recent decision, Boyd v. Cook.

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Contractual Interest vs. the Interest Act

By Jeremy Burgess
Categories: Blog, Litigation
Contractual interest can represent a significant component of the value of a contract for the party entitled to interest, a significant part of the costs of a contract to the party paying interest and a significant deterrent to a would be breaching party.

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Choice of Law: When your Actions Revoke your Choice

By Jeremy Burgess
Categories: Blog, Litigation
In my previous article, Here, There or Anywhere: Where to Sue and be Sued, I discussed factors the Courts in BC consider when determining whether or not to adjudicate on matters where the matters could be determined in more than one legal jurisdiction. In this article, I will discuss a recent case, Naturex Inc. v. […]

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Here, There or Anywhere: Where to Sue and be Sued

By Jeremy Burgess
Categories: Blog, Litigation
In many potential litigation matters, a preliminary issue is the place in which the litigation is to proceed.

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Property Disclosure Statements: Buyer Beware (Still)

By Jeremy Burgess
Categories: Blog, Real Estate
In virtually all standard contracts of purchase and sale, the parties agree that the vendor will provide a property disclosure statement (“PDS”) and that the representations made in the PDS will survive the completion of the contract.

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Dealing with Land? Write it Down

By Jeremy Burgess
Categories: Blog, Litigation, Real Estate
In British Columbia s. 59 of the Law and Equity Act, R.S.B.C. 1996, c. 253 (the “Act”) essentially requires that contracts dealing with

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Losing Your Right to Recover: The Risks of Firing a Contractor for Deficient Work

By Jeremy Burgess
Categories: Blog, Construction, Litigation
In the case of Jozsa v. Charlwood-Sebazco, 2016 BCSC 78 (CanLII) the Plaintiff, Mr. Jozsa, was a very experienced landscape designer hired by Ms. Sebazco to complete landscaping at her home.

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Facebook and Defamation: Potential Liability for Any Post and Any Friend’s Comments

By Jeremy Burgess
Categories: Blog, Litigation
It likely comes as no news to most readers reading that social media is simultaneously a minefield or a gold mine for any litigation matter.

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When Municipal Building Inspections are not Enough

By Jeremy Burgess
Categories: Blog, Construction, Litigation
Too often, people mistakenly assume that because the home or renovations are done in accordance with architectural plans and within the requirements of the applicable municipality or district, that the home or renovations are sound.

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YouTube, Trademarks, Copyrights and the Potential Fall of Fine Brothers Entertainment

By Jeremy Burgess
If you are entwined in the world of new media or have just found yourself on YouTube or social networks lately, you may have noticed a number of sarcastic comments or videos.

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Self-Represented Litigants, Arbitration and Natural Justice

By Jeremy Burgess
Categories: Blog, Litigation
For years, Courts in BC have observed a general trend towards an increasing number of self-represented litigants coming to Court.

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Should I Settle Or Not? Formal Offers To Settle

By Jeremy Burgess
Categories: Blog, Litigation
Some of the most common questions asked by my clients are whether they should engage in settlement discussions with opposing parties and whether a settlement offer made to them is reasonable to accept.

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Prejudgment Garnishing Orders: Getting it Right

By Jeremy Burgess
Categories: Blog, Litigation
If someone owes you money and you become involved in a legal dispute in BC, it is possible to seek a prejudgment garnishing order by the authority of the Court Order Enforcement Act for debts owed to you.

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Equal Marriage in the United States

By Jeremy Burgess
Categories: Blog, Litigation
In what will undoubtedly be viewed as a landmark decision, on June 26, 2015 the Supreme Court of the United States effectively ruled in Obergefell v. Hodges that same-sex marriage is legal throughout the US.

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Be Careful of Predatory Financial Advice

By Jeremy Burgess
Categories: Blog, Business Law
Most financial advisors provide exactly the kind of service you would expect: they provide you options for investing your money and inform you of the risks and rewards involved with choosing an investment vehicle or personal financial restructuring.

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When Business Relationships Change, Temptations and Tensions Rise

By Jeremy Burgess
Small corporations, where two or three family members and/or friends incorporate a company and go into business together, are the bread and butter of our community’s vibrant and diverse business community.

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Cyclists: Enjoy the Ride in Safety

By Jeremy Burgess
Categories: Blog, Personal Injury
During the summertime, there’s almost no better way to enjoy the sunshine than a ride on your bicycle. Whether you are training for a GranFondo or Iron Man event or simply enjoying a casual ride on the weekend, cycling is a great way to enjoy the summer and a fantastic alternative to driving. A recent […]

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Why Paying for Timely Legal Advice Saves you Money in the Long Run

By Jeremy Burgess
Categories: Blog
There is an old saying that an ounce of prevention is worth a pound of cure. This is almost never truer than when it comes to getting timely and competent legal advice. Very often people find themselves seeking the assistance of a litigator because at the beginning of a transaction or when a person became […]

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Patent vs. Latent Defects and Caveat Emptor

By Jeremy Burgess
The local housing market appears to be on the rise. While this is a good sign of our recovering economy, it is also an appropriate time for purchasers to remind themselves of some of the risks and their legal rights when purchasing a home. The maxim, “buyer beware” (or caveat emptor), applies to purchasing a […]

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Idle-O

By Jeremy Burgess
Categories: Blog, Real Estate
This post discusses the hundreds, if not thousands, of land contracts in British Columbia that may be negatively affected by section 73 of the Land Title Act, R.S.B.C. 1996, c. 250 and the line of legal authorities stemming from International Paper Industries Ltd. v. Top Line Industries Inc., 1996 CanLII 3340 (BC CA) ("Top Line").

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