Archive for the ‘Litigation’ Category

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

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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

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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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Cyclists: Enjoy the Ride in Safety

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

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Categories: Blog, Business Law, Litigation
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

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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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Idle-O

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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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The Lingo Of Litigation – The Sequel

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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

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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

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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

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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?

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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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