A Trust is a legal relationship in which property is transferred by the person making the Trust (the “Testator”) to a party who manages the property, for the benefit of the Testator or another. Trusts are separate legal entities. Assets inside a Trust are managed by a trustee who has legal responsibility for managing and…
The practice of law today is very different. It’s different for us lawyers, and also for our clients. Over the years we have seen big changes in how judicial settlement proceeds. Once upon a time, the framework that exists today to encourage settlement did not exist. In today’s world, clients expect their lawyers to be…
The snow is flying, and there is a bite in the air. At this time of year, many people in Kelowna think about spending time down south. For some, it is just a week’s break in their busy work schedule, for others it involves spending several months in the sunshine. A few winters ago, I…
There can be a perception that lawyers help paper a deal that has been already agreed to or that lawyers help you write letters and start lawsuits after a dispute has arisen. Unfortunately this perception is overly simplistic and, especially for small businesses and entrepreneurs, can end up costing significant legal fees that could have…
The number of blended families in Canada grows every year as the divorce rate and the lifespan increases. This trend means that these couples must manage the legal and financial challenges inherent in a blended family, which are particularly challenging when there are children from a previous relationship. Couples with blended families must balance between…
I still get asked this question from time to time by individuals who are involved in single-vehicle accidents, where no one is to blame but themselves. Simply put, our system of compensation for injured victims from motor vehicle accidents is best described as a hybrid of tort and no-fault…. although the latter is in some situations…
Children are bound to misbehave and act out. Even the best parents in the world can have a child that travels through this world like a hurricane. Can children be held liable for their own bad behaviour? Could you be held liable for your child’s misdeeds? There is no fixed minimum age of negligence. However,…
When you are in a car accident and you are in the midst of what you want to accomplish in life, will you still be able to pursue your dream despite your injury? Will your ability to earn an income be affected by the injury? These are issues that you need to seriously consider with…
For a number of years we all heard of Arbitration as a way to obtain a decision in a dispute between two or more parties. Some agreements mandate that disputes are arbitrated rather than litigated as a way to save costs and to obtain a decision in a much shorter time frame than through the…
ICBC’s practice of hiring private investigators to investigate claimants before trial is common. It is one of the ways ICBC protects itself from fraudulent claims. Such fraudulent claims can increase everyone’s insurance premiums. However, such investigative reports can also hurt legitimate claimants in the courtroom. Should the claimant testify that his life has been ruined…
