How Protected Is Your Business Name?

This article outlines the ways in which business names can be protected or left vulnerable under business registration, common law trademark principles, and federal trademark registration.

October 28, 2024

How Intentions Can Influence Court Decisions in Estate Disputes Regarding Assets Held in Joint Tenancy in British Columbia

In British Columbia, if an asset in joint tenancy is meant to be a gift after death, this intention must be clearly documented. Otherwise, a beneficiary who doesn’t benefit from the transfer could successfully challenge the asset as being part of the deceased’s estate. The intention to make a gift of an asset held in joint tenancy can be documented through a deed of gift, through other written evidence, or included in the will.

September 6, 2024

What is the Public Guardian and Trustee? (British Columbia)

The Public Guardian and Trustee operates under provincial law to protect the legal rights and financial interests of minor children, to act for adults incapable of financial and personal decision-making, and to administer the estates of deceased and missing persons where there is no one else able to do so.

July 23, 2024

Contractors Must Perform Their Work with Reasonable Care and Skill.

There is an implied term in construction contracts that the work will be performed with reasonable care and skill and, at a minimum, will comply with the applicable building code. However, where it was a matter of deficiency in appearance, the requirement for the appearance must be stated in a written contract in order to be enforced.

July 19, 2024

Setting Up a Corporation in British Columbia

There are many advantages to running a business as a corporation, including options to defer and reduce taxes, preserve wealth, and reduce personal liability. This article describes what is involved from a legal perspective in the initial setup of the corporation under the Business Corporations Act (British Columbia).

ICBC's No Fault Insurance

A summary of ICBC's No Fault insurance model, and what that means for hiring a lawyer.

July 8, 2024

Probating a Will – Suspicious Circumstances – Testamentary Capacity

Suspicious Circumstances – Testamentary Capacity: To help reduce the exposure to the risk that one’s will and desired disposition of their estate is overturned or modified due to a determination of a lack of testamentary capacity, it is essential that one’s estate plan be planned and executed with the help of an experienced wills & estates lawyer

July 8, 2024

Contract Law - Agreements to Agree / Agreements to Negotiate

Historically, Canadian common law has generally held that “agreements to agree” are not enforceable. In modern Canadian law, especially over the past 45 years, this statement has become less reliable. Agreements to agree and agreements to negotiate can be enforceable, and in some cases, they may even create a contractual obligation to negotiate in good faith.

Successful Fraudulent Conveyance action

What is a fraudulent conveyance? In a recent Johnston Franklin Bishop case, the court found that a transfer of a house was done to avoid paying $436K in court-ordered damages

Stapleton v. Andrew

Greg Phillips and Simon Irving just received Reasons for Judgement awarding a young woman more than $161,000 in damages for injuries she suffered in a motor vehicle accident.

May 21, 2019

What Happens if a Beneficiary Dies?

The death of a beneficiary named in your will can impact the way in which your estate is distributed. The nature of the impact will depend on the terms of your will.

June 11, 2019

Residential Tenancies: Changes to the Residential Tenancy Act

Over the last year, there have been substantial changes to the Residential Tenancy Act and Regulation affecting the relationship between tenants and landlords.

May 28, 2019

Is My Will Still Valid After Separation or Divorce?

If your will appoints your separated or former spouse as the executor, they would be passed-over in favour of the alternate executor.

June 18, 2019

Changes to ICBC No-Fault Benefits

As of April 1, 2019, substantial changes come into effect for ICBC No-Fault benefits.

June 4, 2019

I have Separated from my Spouse. Can I make a New Will?

If you and your spouse separate, you can make a new will before you have finalized your divorce and other related matters such as property division and support.

July 2, 2019

Steps in a Lawsuit: Exchanging Documents

Once pleadings have been filed and exchanged, the next step in a lawsuit is for the parties to compile and exchange all documents in their possession or control that are relevant to the lawsuit.

July 16, 2019

Steps in a Lawsuit: Starting and Responding to a Lawsuit

A lawsuit involves one person suing another person for something. In Supreme Court, the person who starts a lawsuit is called the plaintiff.

July 9, 2019

Steps in a Lawsuit: Examinations for Discovery

Examinations for discovery, commonly referred to as simply discoveries, allow one party or their lawyer to question the other party under oath about matters at issue in the lawsuit.

August 6, 2019

Steps in a Lawsuit: Applications

At any point during a lawsuit, a party can make an application to the court seeking any number of things.

August 13, 2019

Steps in a Lawsuit: Collecting on a Judgment

For a plaintiff, a successful trial will result in a judgment against the defendant. If the defendant has insurance for the type of loss that was sued over, that insurance will satisfy the judgment.

September 24, 2019

Steps in a Lawsuit: Negotiation and Settlement

Once all the facts of a case are known, the parties can begin negotiating to see if a settlement is possible.

August 20, 2019

Steps in a Lawsuit: Trial

If the parties are unable to resolve their dispute themselves, the matter will proceed to trial. Trials will either be heard by a judge alone or by a judge with a jury.

September 3, 2019

Steps in a Lawsuit: Trial Management Conference

A trial management conference (TMC) is required in practically all Supreme Court civil lawsuits.

August 27, 2019

Steps in a Lawsuit: Costs and Cost Assessments

Once a lawsuit has settled or been decided after a trial, the parties must still deal with the matter of court costs.

September 10, 2019

Steps in a Lawsuit: Appeals

If, following a Supreme Court trial, a party is unhappy with the decision of the judge, they have the right to appeal the decision to the Court of Appeal.

September 17, 2019

What is the Civil Resolution Tribunal (CRT)?

The Civil Resolution Tribunal (or CRT) is an administrative tribunal established by the BC government in 2012 to handle disputes between strata councils and property owners.

October 8, 2019

How does the CRT work?

The Civil Resolutions Tribunal (or CRT) is far less formal than the usual court process. This is because the vast majority of the tribunal’s work is done entirely online.

October 15, 2019

Buying and Selling a Manufactured Home

Ownership of land is registered in the Land Title Office, and when title to land is transferred the transfer is processed through the Land Title Office.

October 29, 2019

What is a "Minor" injury?

After April 1, 2019, all motor vehicle accidents that occur in BC will be subject to a new set of legislation that places a cap on damages for people who suffer “minor” injuries.

October 22, 2019

What happens to my Family Law Claim if I die?

If a party to a Supreme Court family law proceeding dies before the matter is resolved, the rules of court allow the case to continue.

December 18, 2019

Supreme Court Declares BC Government’s Limits on Expert Reports Unconstitutional

People injured in car accidents must generally get an opinion from one or more “experts” in order to prove their claims.

November 13, 2019

Steps in a Real Estate Transaction

Upon viewing a property and wanting to buy it, a potential buyer will make an offer. The seller may reject or accept the offer, or they may make a counter offer and negotiations will follow.

November 6, 2019

Residential Tenancies: Purchasing Tenanted Property

If you are purchasing property that is occupied by a tenant, a tenant’s right to occupy the property can survive the change in ownership.

November 27, 2019

Down Payments vs. Closing Costs in a Real Estate Transaction

Down-payments are often confused with closings costs. Here are the differences between the two.

November 20, 2019

What is Probate?

One of the first steps required of an executor or administrator is to determine the deceased person’s assets and liabilities.

December 4, 2019

Notice of Dispute in Estate Matters

A Notice of Dispute can be filed with a B.C. Supreme Court Registry by a party that wishes to oppose certain steps in estate proceedings.

December 11, 2019

Congratulations Alexa Zimmer

Johnston Franklin Bishop is pleased to announce that Alexa Zimmer has been called to the bar, finishing her articles, and is now a lawyer.

May 23, 2020

Deposits in Real Estate Transactions

In most residential real estate transactions, the purchasers will pay a deposit to their real estate brokerage upon their offer being accepted.

December 25, 2019

Extended-Health and Disability Benefits under the New ICBC Regime

Some people have private or employer-provided extended-health and disability plans.

January 1, 2020

Force Majeure in the Age of Coronavirus

The Coronavirus or COVID-19 Pandemic currently ravaging the world is having a profound influence on most of our lives.

March 31, 2020

Mayer v. Mayer Estate, 2018 BCSC 2225

The recent decision of Mayer v. Mayer 2018 BCSC 2225 highlights the importance of clarity in estate planning and the limitations of section 60 of the Wills, Estates, and Succession Act.

April 7, 2020

Gibbons v. Livingston, 2018 BCSC 1452 & 2018 BCCA 443

In the 2018 decisions of Gibbons v. Livingston, 2018 BCSC 1452 and 2018 BCCA 443 our courts addressed competing family law and wills variation claims.

April 28, 2020

Bizicki Estate, 2019 BCSC 2142

Prior to the introduction of the Wills, Estates, and Succession Act (WESA) in 2014, a document could only be accepted as a will if it met certain formal requirements.

April 14, 2020

Boer v. Mikaloff, 2017 BCSC 21

The 2017 decision of Boer v. Mikaloff, 2017 BCSC 21 addresses the rights of a child who has been adopted, but is named as beneficiary in their biological parent’s will.

April 21, 2020

Dunsdon v. Dunsdon, 2012 BCSC 1274

The 2012 decision of Dunsdon v. Dunsdon, 2012 BCSC 1274 is frequently cited in cases involving claims by adult children to vary a parent’s will.

May 5, 2020

Enns v. Gordon Estate, 2018 BCSC 705

In the 2018 decision of Enns v. Gordon Estate, 2018 BCSC 705, the Court considered estrangement between adult parents and children.

May 12, 2020

Grewal v. Litt, 2019 BCSC 1154

The recent decision of Grewal v. Litt, 2019 BCSC 1154 looks at the factors the Court will consider when deciding to vary a will that treats independent adult children unequally.

May 19, 2020

L.T. v. D.T. Estate (Re), 2019 BCSC 2130

In Canada, section 2 of the Assisted Human Reproduction Act sets out that “No person shall remove human reproductive material from a donor’s body after the donor’s death for the purpose of creating an embryo unless the donor has given written consent”.

May 26, 2020

COVID-19 and Residential Tenancies

In response to the Covid-19 crisis the BC government enacted a number of measures affecting residential tenancies that remain in effect during the duration of the Provincial State of Emergency.

August 25, 2020

Bill 19: Covid-19 Related Measures Act

Under the authority of the Emergency Program Act, the BC government passed a number of Covid-19 Ministerial Orders relating that were to stay in affect during the duration of the provincial state of emergency.

September 3, 2020