Entries by Heath Law, Nanaimo Lawyers

Proprietary Estoppel

Generally, when asking a Court to find that a promise between two parties is legally enforceable, the Court will require the elements of a contract to be present. The basic elements of a contract include, among other things, offer, acceptance, and consideration. While all of the elements are vital, consideration (some benefit flowing to both […]

Collaborative Family Law

Collaborative family law is a form of dispute resolution where each spouse is separately represented by a lawyer, and the spouses and their lawyers sign a participation agreement which provides for the following: If either party starts contested court proceedings, all of the collaborative professionals (including the lawyers) are disqualified from acting for the parties; […]

Litigation – What is an Examination for Discovery

What is an Examination for Discovery? In nearly all litigation matters, parties will undergo what is termed an “Examination for Discovery” or “Discovery” for short. Typically, a Discovery means that you will be questioned under oath by a lawyer acting for the other party in your legal action. The main purpose is to learn more […]

Surveillance Cyber Searches Social Media

Surveillance, Cyber Searches and Social Media Most personal injury lawyers will warn you to close down your social media accounts, or limit access, once you commence your personal injury claim. While such advice is not misguided, it generally only applies to select claims: those involving alleged catastrophic losses or those involving litigants who appear to […]

Dividends and Determining Child & Spousal Support: Part 2

Part 1 of our article “Dividends and Determining Child & Spousal Support” explained what dividends and grossing up are. Part 2 explains how these lines on the income tax form affect child and spousal support payments. For child support, the primary concern is estimating the means which the paying parent has available for child support. The […]