Over the years this column has addressed the contentious and convoluted law governing wills and estates in British Columbia. The new British Columbia Wills, Estates and Succession Act aims to clarify this area of law. The Act comes into effect on March 31, 2014. The single Act consolidates and replaces four existing wills and estates…
Article by: Erika M. Swinton and Andrew Prior Obtaining compensation for injuries sustained in a motor vehicle accident can be frustrating. Careful documentation of the accident, your injuries, and related expenses helps ease the frustration. There are two main types of compensation arising from an accident, and both require proof of your losses. First, you…
Many things can happen along the way to a trial. Often a settlement is one of them. As a trial lawyer I recognize that having your day in court comes at a very high price. Lawyers’ fees are only part of that price. There is delay – civil cases take years to get to trial.…
Cyberbullying has been in the news recently due to several heart-breaking suicides of young women who were the victims of harassment and bullying on the Internet. Social media such as Facebook and Twitter expose vulnerable people to communications from others who, perhaps emboldened by the lack of face to face contact or by quasi-anonymity, say…
I often speak to employees who believe that since they do not have a written employment contract then they do not have a contract at all. If you have a job then you have a contract. If it is not in writing then it is an oral contract. Oral contracts of employment are just as…
Your will is the ultimate last word. Your will is your last communication with your descendants and beneficiaries and your opportunity to leave clear instructions on what you want done with your assets, how you want your final wishes to be carried out and what legacy you want to leave. You are the most familiar […]
One of the most common inquiries I receive in regards to my employment law practice is questions concerning the issue of constructive dismissal. It is a principle often misunderstood by both employers and employees alike. In practical terms, constructive dismissal describes a situation where the employer has not directly fired the employee, but rather, has…
I am frequently retained to review severance packages that have been handed to someone who has just been fired. Typically the package will contain a covering letter with an offer, details about any outstanding entitlement to benefits such as life insurance or pensions, a release, a recommendation to get independent legal advice, and a deadline to […]
Recent decisions from British Columbia courts underline the risk to commercial landlords in misinterpreting their leases or otherwise assuming there is little risk in shutting down the business of an unprofitable tenant. Avoid the rush to terminate a commercial lease, and first, get the advice of a professional. In Shanahan v. Turning Point Restaurant Ltd.,…
This is an exciting development in the world of ADR – Alternate Dispute Resolution. Dispute resolution practitioners, myself included, applaud this kind of “thinking outside the box” that gives people more options for resolving disputes. If I have one concern with this new process it is that, with few exceptions, the parties cannot be represented by […]
