It’s a common scene in popular soap operas and drama movies – the patriarch or matriarch of a family dies and, when their will is read, they’ve left nothing to some of their children or cut out their spouse of 30 years and given everything to a mistress. Shock, outrage, and enduring family feuds ensue. … Read more Overview of the Wills Variation Act in British Columbia
Drivers have a duty of care to passengers and children…. This not only means driving with due care and attention to what is going on outside of the vehicle, but also what is going on inside the vehicle. Drivers across Canada are obligated to ensure that children under 16 wear their seatbelts even if they … Read more All About Children Personal Injury Claims from Car Accidents in BC
Something that you will want to take into consideration before starting an action is the bill that may come with it. Going to court can be extremely expensive. It is important to know that if you lose your case, you may also get stuck with the other parties’ costs. This article will help explain how … Read more What Are Litigation (Lawsuit) Costs in BC and How Much Are They?
Section 24 of the Insurance (Vehicle) Act creates a statutory remedy for any bodily injury, death, or property damage occurs within British Columbia as a result of an unidentified motorist. The victim of a “hit and run” accident can bring an action for recovery against the Insurance Company of British Columbia. However, the right of … Read more What Happens if You’re a Victim of a Hit and Run Car Accident in BC?
British Columbia has 2 courts for personal injury lawsuits: Provincial Court (Small Claims) Supreme Court BC has a third court called the Court of Appeal, which is reserved for appeals from the BC Supreme Court. Where should I bring my action? If you have been injured in an accident and want to bring a claim … Read more Which Court Should You Bring a Personal Injury Lawsuit?
As previously noted, going to trial can be an expensive, time consuming and exhausting. In light of the risk, delay and costs involved in going to court, there are a few other options available to you. The most common alternative is called “mediation.” Mediation is an informal meeting between you, your lawyer (if you have … Read more About Mediation for Personal Injury and ICBC Claims in BC
“Negligence” means harm caused by someone’s failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances. In order to establish negligence in a personal injury case, you must demonstrate that someone acted in a careless way and that person’s action or inaction resulted in the your injury. To … Read more What Does “Negligent” and “Fault” for a Car Accident Mean in BC?
If you own a motor vehicle and live in British Columbia you are required by law to have at least basic vehicle insurance, or Autoplan, from the Insurance Company of British Columbia (ICBC). Part 1 of the Insurance (Vehicle) Act stipulates that this basic coverage is mandatory for all drivers. This insurance will assist you … Read more I’ve Been in a Car Accident in BC … Now What?
Although there are no provisions in the Family Relations Act that specifically refer to debt, there are some circumstances where financial liabilities may be characterized as “family debt.” Debts are typically considered under the fairness provisions found in s. 65(f) of the FRA. While the term “family debt” is often referred to in case … Read more Dealing With and Dividing Debt During Divorce in BC
Division of Family Property – Venture & Business Assets Louise and Don have been married for 18 years. For the first 7 of those years Louise worked at a Whitespot while Don went to medical school. Don now works at the University of Victoria medical health center walk-in clinic. Their marriage has broken down and … Read more Dividing a Business When Going Through Divorce in BC
The law regarding the division of property following a divorce differs from province to province. However, most matrimonial property legislation recognizes that one spouse often carries the primary responsibility for work in the home and child-care. At the end of the relationship that spouse would be at a disadvantage if he or she were … Read more Basic Principles of Dividing Property When Getting a Divorce in BC
Dividing Family Assets – Hobbies & Collections In O’Bryan v. O’Bryan, the British Columbia Supreme Court considered whether a collection of sports memorabilia accumulated by the husband was a “family asset” that required division as per section 56 of the Family Relations Act. The defendant argued that his sports memorabilia collection his own personal property … Read more How are Hobby Assets and Collections Divided Upon Divorce in BC?
The property section in the Family Relations Act recognizes that marriage is an equal partnership between spouses. Under s. 56 of the Family Relations Act, each spouse is entitled one half of the family assets. This provision acknowledges that child-care, household management and financial provisions are the joint responsibility of the spouses. The rules governing … Read more Are Prenuptial Agreements Enforced in British Columbia?