Stuart Cappus

Lawyer

Biography

Stuart specializes in the areas of: Estate Litigation, including wills variation claims, other challenges to wills and estates, and Committeeship applications; Personal Injury claims; and a variety of General Litigation matters, including debt collection. Throughout his many years of practice, Stuart has successfully resolved countless matters through negotiation and mediation for the benefit of his clients. Beyond that, Stuart has represented his clients at all levels of court in British Columbia and prides himself on being able to effectively advocate for his clients in the courtroom.

Stuart also practices in the areas of Estate Administration, including probate applications, and Estate Planning, including wills, powers of attorney, and representation agreements. In these areas, he brings his years of litigation experience to bear to help his clients avoid or mitigate against issues that can often lead to costly disputes down the road.

Stuart was born and raised in Port Alberni. After graduating from high school in 2003, he went on to obtain a Bachelor of Arts degree in Criminology from Malaspina University-College (now Vancouver Island University) in 2007. Thereafter, he obtained his Law degree from the University of Victoria in 2011. He quickly joined Johnston Franklin Bishop as an Articling Student and was called to the Bar of British Columbia in 2012. He has been an Associate at the firm ever since.

Outside of work, Stuart enjoys spending time with his family and friends although he can often be found alone in his garage cheering for (or yelling at) his San Francisco 49ers.

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2012 (BC)

(250) 756-3823

sc@jfblaw.ca

My Areas of Law

Injury Claims

Estate Litigation

Wills & Estates

Civil Litigation

Blog Posts

My Articles

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Estate Litigation

Stuart Cappus

Biography

My Areas of Law

Injury Claims

Estate Litigation

Wills & Estates

Civil Litigation

My Articles

Executor’s Fee

Privilege

Carroll v. Allen

Newhouse v. Garland, 2022 BCCA 276

Certificates of Pending Litigation

Management Fees

Jones v. Davidson, 2022 BCCA 31

Dog Attacks

Partition of Property and Party Wall Agreements

What is the Difference between a Director and a Shareholder?

Unger Estate (Re), 2022 BCSC 189

Dissolving a Corporation

Increased Court Costs Denied Despite COVID

Share Classes

Vindictive ICBC Law Struck Down as Unconstitutional

Malecek v. Leiren

Vicarious Liability of Employers

Subject-to Clauses in Real Estate Transactions

Slater v. Courtenay (City)

Panegos v. O’Byrne

Property Disclosure Statements

More Incompetence from the CRT

ICBC Ordered to Pay Special Costs for Post-Judgment Delays

Duty to Defend

Key Provisions of CRT Act found Unconstitutional

Failing to Disclose Known and Dangerous Defects

Devendra v. BC CRT

Deductions After an ICBC Trial

Buying a Home? Buyer Beware!

N.S. Court finds Sections of Province’s Wills Variation Legislation Unconstitutional

Part 7 Benefits Denied for Violating Terms of License

Risks of Settling Your “Minor Injury” Claim Early

Court Wallops ICBC for Low-Balling Injured Woman

Pedrozo v. Hope, 2020 BCSC 1578

Territorial Competence of BC Courts to Hear a Case

Jacobson Estate, 2020 BCSC 1280

Vexatious Litigants

Security for Costs

Pavlovich v. Danilovic, 2020 BCCA 239

Getting Out of a Settlement Agreement

Being Represented by a Lawyer at the CRT

Mu v. ICBC, 2020 BCCRT 432

Tomlyn v. Kennedy, 2008 BCSC 331

Levesque Estate (Re), 2019 BCSC 927

Klotz v. Funk, 2019 BCSC 817

Scurek v. Scurek, 2020 BCSC 450

Identifying Hazards before Moving a Parked Vehicle

Civil Jury Trials Suspended for 1 Year

ICBC Doctor Gives Medical Opinion about Person they Never Saw

Driving in Poor Weather Conditions

Appealing a Decision of the CRT

Bill 19: Covid-19 Related Measures Act

ICBC Argues Injured Plaintiff Should be Paid Less Because She’s a Woman

Canada Emergency Commercial Rent Assistance Program

COVID-19 and Residential Tenancies

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

Grewal v. Litt, 2019 BCSC 1154

Enns v. Gordon Estate, 2018 BCSC 705

Dunsdon v. Dunsdon, 2012 BCSC 1274

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

Boer v. Mikaloff, 2017 BCSC 21

Bizicki Estate, 2019 BCSC 2142

Mayer v. Mayer Estate, 2018 BCSC 2225

Force Majeure in the Age of Coronavirus

Extended-Health and Disability Benefits under the New ICBC Regime

Deposits in Real Estate Transactions

What happens to my Family Law Claim if I die?

Notice of Dispute in Estate Matters

What is Probate?

Residential Tenancies: Purchasing Tenanted Property

Down Payments vs. Closing Costs in a Real Estate Transaction

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