With summer in full swing, many people find themselves enjoying time on the water in boats. Although most boating endeavours are fun filled family or friend adventures, situations can arise in which legal liability for personal injuries can ensue. For example, what is the liability of the boat captain when one of their invited guests […]
Squatters Rights in British Columbia You find out that you are the Executor of the Estate of your Uncle John who lived in British Columbia. Uncle John owned a vacant parcel of land in the interior. Unfortunately, when you get to the property to inspect it, you discover that squatters are living on the property. […]
My Partner and I are Separating, Do I Need to Pay Child Support? Introduction A parent has an obligation to help financially support his or her children. When two people who have had a child together separate, there is a responsibility to pay child support regardless of whether the parents were married. A step-parent may […]
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) […]