Archive for the ‘Litigation’ Category
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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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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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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A drunk and unruly passenger is still "using" the vehicle, even if he is (thankfully) not driving it.
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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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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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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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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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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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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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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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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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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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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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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 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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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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