Author: Pushor Mitchell LLP

Construction Estimates and Failure to Agree on Contract Pricing

As the court observed in its recent decision, All Out Contracting Ltd. v Gourlay, 2020 BCSC 481 (CanLII) (“All Out”), construction work begins before the owner(s) and contractor properly define their contractual relationship, if they ever do so
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Negligent Construction – Who to Sue and What to Sue For

One of the challenges in negligent construction disputes is that plaintiffs often start litigation only knowing something is wrong that needs to be fixed.
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Personal Injury and ICBC Claims in the Age of COVID-19

At its core, a personal injury claim involves assessing the difference between an injured claimant’s reality, and what their reality would have been had a car accident, or other injury-causing event, had not happened.
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COVID-19, Builders Liens and Limitation Periods

As many people may be aware, on March 26, 2020 the government of BC suspended limitation periods as a result of the COVID-19 pandemic.
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COVID-19 and Residential Tenancies: I am selling my rental unit to a buyer who would like to evict my tenant and receive vacant possession of the property. How will BC’s temporary eviction ban affect our transaction?

As of March 30, 2020, there are changes to the BC Residential Tenancy Act and BC Manufactured Home Park Tenancy Act that will remain in force until our provincial state of emergency ends.
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COVID-19 and Residential Tenancies: Does My Tenant Have to Pay Rent?

As of March 30, 2020, there are changes to the BC Residential Tenancy Act and BC Manufactured Home Park Tenancy Act that will remain in force until our provincial state of emergency ends.
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Pre-Judgment Garnishment: A Powerful but Exacting Tool

Pre-judgment garnishment is a powerful remedy that allows a creditor to secure their claims by garnishing funds owed to a debtor and holding them in court pending a further order or agreement of the parties.
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Can a Home Inspector Limit Their Liability?

When would-be homeowners obtain home inspections, they place a great deal of reliance on the inspection report they receive.
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COVID-19 Issues: Frustration, Subject-To Clauses and Contracts of Purchase and Sale

COVID-19 has resulted in a number of issues which put the performance of purchase contracts for real property at risk.
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Courthouse Closures Due to COVID-19

Effective this morning, March 19 2020, the Chief Justice of the Supreme Court of British Columbia announced the temporary suspension of regular court operations to help contain the spread of COVID-19.
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Hardball Tactics of Successful Insurer Backfires

In a case identified by the court as analogous to David and Goliath, the hard ball tactics of the insurer deprives it of its costs, despite successfully defending a claim for personal injury.
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Defamation, the Protection of Public Participation Act and Strategic Lawsuits Against Public Participation

On March 25, 2019, the Protection of Public Participation Act was assented to bringing into force legislation aimed at combating strategy lawsuits against public participation.
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About Legal Alert

Pushor Mitchell’s “Legal Alert Blog” evolved from our long-running “Legal Alert” client newsletter. Here, we share news our clients need to know, such as changes to the law, major case decisions, industry trends, and other legal issues that affect people and organizations in B.C. Occasionally, we also share firm news and announcements, as well as stories about our involvement with community groups throughout the Okanagan.

If you enjoy our blog, please consider subscribing to our monthly Legal Alert newsletter, which includes monthly highlights from our blog and firm news.

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