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.
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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.
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One of the first tasks in any potential litigation matter is to identify the applicable limitation period.
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We’ve all had them at some point: those neighbour you can’t seem to get along with.
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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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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 ownership in British Columbia is governed by a modified Torrens system for title registration.
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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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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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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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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 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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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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In many potential litigation matters, a preliminary issue is the place in which the litigation is to proceed.
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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