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Civil Litigation

Partition of Property and Party Wall Agreements

Where a property is jointly owned and the owners cannot agree on whether to sell it or not, the Partition of Property Act allows the owner who wants to sell to apply to the Court for an order that the property be sold.

October 11, 2022

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Injury Claims

Dog Attacks

Dog bite claims are unique in that they can be based not only on negligence, but also on an old legal doctrine known as scienter

November 8, 2022

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Estate Litigation

Jones v. Davidson, 2022 BCCA 31

Whether two people were spouses is becoming an increasingly common issue in estate litigation in BC.

November 22, 2022

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Injury Claims

Management Fees

Damages awards should compensate a person for all their losses arising out of an injury. Losses suffered up to the date of a trial are often much easier to determine than losses the injured person is projected to suffer in the future.

December 6, 2022

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Civil Litigation

Estate Litigation

Certificates of Pending Litigation

When a person files a lawsuit that claims an interest in a piece of real property, they are entitled to file a Certificate of Pending Litigation (CPL) with the Land Title Office against title to that property.

December 20, 2022

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Civil Litigation

Estate Litigation

Newhouse v. Garland, 2022 BCCA 276

In Newhouse, two friends, Bob and Barry, contemplated buying a rental property together. Barry, however, was always out of work and in debt, and didn’t have the money for his share of the down-payment.

January 3, 2023

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Civil Litigation

Carroll v. Allen

Even though a property is rented to tenants, that property can be sold. Sometimes the buyer is willing to accept the current tenant and become their new landlord.

January 17, 2023

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Civil Litigation

Privilege

Parties to a lawsuit are generally required to produce all documents in their possession or control that are relevant to the matters at issue in the lawsuit.

January 31, 2023

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Estate Litigation