Author Archive

Enforcing a Settlement Agreement: Naming the Right Parties

By Jeremy Burgess
Categories: Blog, Litigation
As discussed in a previous article, settlement agreements are effectively contracts which can be enforced through legal action and replace whatever legal, contractual or equitable rights were involved in the fight that preceded settlement.

Read the Full Article

Contractual Terms by Convention: When Parties Fail to Explicitly Set Contractual Terms

By Jeremy Burgess
Categories: Blog, Litigation
One of the frequent issues encountered in contractual litigation is parties failing to negotiate and set to writing the contractual obligations that exist between them.

Read the Full Article

Contracts of Purchase and Sale: Removing Subjects

By Jeremy Burgess
Categories: Blog, Litigation
Most people familiar with the purchase and sale of real property are familiar with subject to clauses, the full legal significance of such clauses can be a source of confusion.

Read the Full Article

Proprietary Estoppel, Land Use and Oppression

By Jeremy Burgess
Categories: Blog, Litigation
The recent case of Dalpadado v North Bend Land Society.

Read the Full Article

What One Has Earned – Courts Impose Compensation Where Parties Fail to Solidify a Contract

By Jeremy Burgess
Categories: Blog, Construction
Often times, parties will get to the edge of entering into contractual relations, but miss the steps required to form a contractual agreement.

Read the Full Article

Public Bidding, Exclusion Clauses and Public Policy Concerns: Contracting Out of Liability for a Flawed Bidding Process

By Jeremy Burgess
Categories: Blog, Litigation
As discussed in my previous article, Invitations to Tender: Why it is Important Both Bidders and Solicitors to Follow Proper Process, the solicitation of bids for public projects must follow a fair and transparent process.

Read the Full Article

Plastic Bag Bans

By Jeremy Burgess
Categories: Blog, Litigation
In recent years, several communities all over the world have sought to means by which to reduce the accumulation of plastic in our natural environment.

Read the Full Article

Fiduciary Duties to a Corporation: Will the Court Extend the Duty to Third Parties?

By Jeremy Burgess
Categories: Blog, Litigation
A fiduciary relationship is a relationship in which one party places distinct trust, confidence and dependence on another.

Read the Full Article

Children and the Standard of Care: Can you Sue Children for Negligence?

By Jeremy Burgess
Categories: Blog, Litigation
While the law often concerns itself with compensating children who are injured as a result of negligence, it sometimes also has to grapple with whether a child can be held responsible for the injuries or loss suffered by others.

Read the Full Article

When a Child is Hurt at School: Is it Just an Accident or is Someone Liable?

By Jeremy Burgess
Categories: Blog, Personal Injury
For better or for worse, injuries are a part of childhood and the process by which children learn to explore the world around them.

Read the Full Article

Invitations to Tender: Why it is Important Both Bidders and Solicitors to Follow Proper Process

By Jeremy Burgess
Categories: Blog, Litigation
Government and non-government actors that solicit bids for contractors for management or construction projects must follow a fair and transparent process for doing so.

Read the Full Article

When a Party Breaches a Settlement Agreement: Being Made Whole

By Jeremy Burgess
Categories: Blog, Litigation
Settlement agreements that conclude litigation are often reached once the parties have gotten to a point of a loss of faith in one another or a complete breakdown in whatever relationship they may have enjoyed pre-litigation.

Read the Full Article

The Risks of Complaining on Social Media: When Airing Grievances Attracts Damages

By Jeremy Burgess
Categories: Blog, Litigation
The intersection of defamation and social media remains a minefield and social media users are well-advised to treat social media posts no differently from any other form of publication.

Read the Full Article

When Liability Waivers Are Upheld

By Jeremy Burgess
Categories: Blog, Litigation
In the recent decision of Alton v Lower Mainland Motocross Club, the court ultimately determined to uphold a liability waiver and the decision reiterates the law applying to liability waivers.

Read the Full Article

Liability Waivers: If in Doubt, Get a New One

By Jeremy Burgess
Categories: Blog, Litigation
Liability waivers are a must for any company inviting members of the public to engage in a risky activity.

Read the Full Article

Contracts of Purchase and Sale, Frustration, Relief from Forfeiture and the Foreign Buyer Tax

By Jeremy Burgess
Categories: Blog, Litigation
On July 25, 2016 the Property Transfer Tax Act introduced a 15% tax on foreign entities or taxable trustees in addition to ordinary property transfer tax.

Read the Full Article

Time is of the Essence: When Late is No Better Than Never

By Jeremy Burgess
Categories: Blog, Litigation
Contracts for the purchase and sale of real property and many other commercial contracts contain a clause that says in respect of certain or all contractual obligations that “time is of the essence.”

Read the Full Article

Piercing the Corporate Veil in Construction: When Work is So Bad it Amounts to Fraud

By Jeremy Burgess
Categories: Blog, Litigation
It can be frustrating for homeowners dealing with inadequate contractors that the controlling mind/primary owner of the company can hide behind their corporation to avoid personal liability.

Read the Full Article

Posting Security to Discharge a Builders Lien

By Jeremy Burgess
Categories: Blog, Litigation
A builders lien can be an effective, powerful and inexpensive tool for helping unpaid contractors, subcontractors, suppliers receive payment for their materials and services.

Read the Full Article

Prosecute or Get off the Pot: Dismissing for Want of Prosecution

By Jeremy Burgess
Categories: Blog, Litigation
When a party commences litigation, the courts and rules of court provide plaintiffs a fair amount of latitude to control the pace of their case and to determine how and when the matter proceeds.

Read the Full Article

Negligent Construction and Winnipeg Condo

By Jeremy Burgess
Categories: Blog, Litigation
As I’ve previously written, the “Winnipeg Condo” decision is an authority by which a party may seek to recover against negligent builders and contractors.

Read the Full Article

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.

Read the Full Article

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.

Read the Full Article

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.

Read the Full Article

First Appeal from the Civil Resolution Tribunal

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

Read the Full Article

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.

Read the Full Article

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.

Read the Full Article

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.

Read the Full Article

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.

Read the Full Article

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.

Read the Full Article

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.

Read the Full Article

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.

Read the Full Article

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. […]

Read the Full Article

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.

Read the Full Article

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.

Read the Full Article

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

Read the Full Article

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.

Read the Full Article

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.

Read the Full Article

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.

Read the Full Article

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.

Read the Full Article

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.

Read the Full Article

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.

Read the Full Article

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.

Read the Full Article

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.

Read the Full Article

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.

Read the Full Article

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.

Read the Full Article

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 […]

Read the Full Article

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 […]

Read the Full Article

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 […]

Read the Full Article

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").

Read the Full Article