If you are a beneficiary or an executor under a Will, you may have to deal with a Will that is being challenged or, if you are a beneficiary or a potential beneficiary, you may be in a position to challenge a Will. A beneficiary or a potential beneficiary may challenge a Will where he […]
As people get older, they can start to lose their ability to think clearly. This can have wide ranging effects, including an inability to properly understand or communicate how they want to dispose of their property when they die. Unfortunately, there are those that recognize this weakness and attempt to take advantage of it. A […]
There are a number of considerations in deciding whether it is in your best interest to sue. For example, perhaps you recently attended a climbing gym for the first time. Before allowing you to use the climbing wall, the receptionist required you to read over and sign the gym’s liability waiver. You scan through the […]
If you have had an accident or encountered some other issue that might require legal action, it is important that you seek legal advice as soon as possible. In British Columbia, the limitation period for starting an action is generally 2 years. The BC Limitations Act [SBC 2012] Chapter 13 (the “Act”) states: Basic limitation […]
You have signed a one-year lease for a basement suite. The top floor is also rented out by the same landlord to another tenant. You come home from work to find that water has come through the floor above and ruined a number of your personal items. Extensive work is required to return the suite […]
Pursuant to s. 85(1)(a) of BC’s Family Law Act,SBC c 25 (the “FLA”), property acquired by a spouse before the relationship between two spouses begins is considered “excluded property.” Because of the language of s. 81 of the FLA,and unless the court makes a determination under s. 96, excluded property is not divided equally between […]
Under the British Columbia Wills and Estate Succession Act, a court has the power to vary a Will from the original intentions of the testator. In Hagan-Bourgeault v. Martens Estate (2016 BCSC 1096), a daughter applied to have her mother’s Will varied. Tataryn v Tataryn Estate, [1994] 2 SCR 807, 93 BCLR (2d) 145 (SCC) […]
Online defamation can have very harmful effects on your life. The power of the Internet means that information can be spread much more quickly and have far reaching personal and professional consequences. If someone is defaming you online, there are three options which might be open to pursue. These options are aimed at stopping individuals […]
The relationship between an employer and employee is contractual. As such, there is no general principle that an employer has to employ any particular person. Employment contracts, whether written or unwritten, can therefore be terminated provided certain requirements are met. To terminate an employee, an employer must give an employee notice that they are being […]
In the recent British Columbia case of Brennan v. Burrow, 2016 BCPC 78, the purchasers of an original painting from an artist sued to recover the $9,000.00 purchase price. The purchasers commissioned a painting for their West Kelowna home after viewing the artist’s work at the Calgary Stampede. The purchasers noticed a problem immediately upon […]