Archive for the ‘Litigation’ Category

Collecting on a Judgment

By Eric Ledding
Categories: Blog, Litigation
When you have a debt claim, a first major consideration is obviously how you can collect the amount you are owed cost-effectively.

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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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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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Court Awards Damages for Unauthorized Use of Architectural Plans and Drawings

By Mark Danielson
The recent decision of Ankenman Associates Architects Inc. v. 0981478 raises some interesting issues surrounding the intersection of copyright law, construction law, and the foreclosure process.

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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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Reinstatement Under the Canada Labour Code

By Alfred Kempf
Categories: Blog, Litigation
In a new decision in Wilson v. Atomic Energy of Canada Limited, the Supreme Court of Canada has affirmed that non union, non management, employees of federal undertakings may under the complaint process under the Canada Labour Code be reinstated.

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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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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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Can They Sue Me For That?

By Eric Ledding
Categories: Blog, Litigation
At some point in your life, you have undoubtedly heard someone threaten to sue someone else

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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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Surgical Safety in Canada: A 10-year Review

By Paul Mitchell, Q.C.
A 10-year analysis of approximately 3,000 malpractice complaints and settlements involving surgical “incidents” in Canada has just been released by the Canadian Medical Protective Association.

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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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Good News for Designated Drivers

By Matthew Canzer
Categories: Blog, Litigation
A drunk and unruly passenger is still "using" the vehicle, even if he is (thankfully) not driving it.

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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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Know Your Exposure: Joint and Several Liability Explained

By Parveen Shergill
Categories: Blog, Business Law, Litigation
The legal concept of “joint and several liability” confuses many people. As the name suggests, where “joint and several liability” applies, liability is both...

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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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Before You Sign…

By Pushor Mitchell LLP
How many simple documents or forms do you sign each year without reading?

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Dock Liability

By Paul Mitchell, Q.C.
What risks do you have if you own a waterfront property with a dock?

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BC Court of Appeal Teacher Case

By Alfred Kempf
Categories: Blog, Litigation
See the complete written Court of Appeal case reasons here.

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Use It Or Lose It! Builders Lien Claimants Must Prosecute Claims Diligently or Risk Losing Their Security

By Mark Danielson
Categories: Blog, Construction, Litigation
Our courts regard claims for builders liens (“CBLs”) as extraordinary remedies because they allow one to encumber another’s land before proving, in court, that person owes them money.

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How Closely Related Must Work be to a Project to Give Rise to a Builders Lien?

By Mark Danielson
Categories: Blog, Construction, Litigation
I am often asked whether a person may claim a builders lien for the supply of work or materials to a construction project where the right to do so is not obvious.

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Parent’s Held Responsible for Child’s Damage to BC School: Must Pay $48,000

By Paul Mitchell, Q.C.
Categories: Blog, Litigation
A recent BC case held parents liable for damages of over $48,000 caused to school property by their child. This case highlights the sometime harsh effects of s.10 of the BC School Act, which holds parents responsible for intentional damage to schools done by their children, even though the parents have nothing to do with their children’s conduct.

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The Lingo Of Litigation – The Sequel

By Alfred Kempf
Categories: Blog, Litigation
In a previous article I talked about phrases used early in the litigation process. In this article I will talk about some of the terms that come up later in the process.Arbitration

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Top Court Addresses Random Alcohol Testing In Unionized Workplace

By Joni Metherell
Categories: Blog, Litigation
   In a recent 6 – 3 decision, the Supreme Court of Canada weighed in on a labour relations matter that has been a source of confusion for employers and unions alike for several years – mandatory and random alcohol testing for unionized employees working in safety sensitive positions.

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Avoiding The Builders Lien Act May Be A Costly Mistake

By Mark Danielson
Categories: Blog, Litigation
A drawback of British Columbia’s Builders Lien Act, S.B.C. 1997, c. 45 (the “Builders Lien Act”) is that the cost of enforcing a lien relative to the amount in dispute may be prohibitive. A builders lien must be enforced in the Supreme Court of British Columbia even if the value of the lien is within the monetary jurisdiction of Small Claims Court (i.e. $25,000.00 or less).

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The Lingo Of Litigation

By Alfred Kempf
Categories: Blog, Litigation
The legal profession uses all kinds of words and phrases that are quite mysterious to most people who have not been involved in the process. I will attempt to demystify some of these words and concepts:Legal action or proceeding:These are the words used to describe a dispute that is referred to the courts for resolution. Every action or proceeding is assigned a number when it is filed with a court.  Once an action or proceeding is filed [...]

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Ask A Lawyer – Can I Do Anything At The Start Of The Lawsuit To Make Sure The Defendant Pays Me If I Am Successful?

By Greg Pratch
Categories: Blog, Litigation
Many clients that I speak to are disappointed to find out that there are very few options that allow you to take steps at the beginning of a lawsuit to help ensure that you recover a judgment should your lawsuit ultimately be successful. Generally speaking, we start with the principle that a person commencing a lawsuit, the Plaintiff, cannot take any steps against the assets of a Defendant in a lawsuit until that Plaintiff wins the lawsuit [...]

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