Handling Changes During Construction

On , In Construction Law

Changes to the scope of work are one of the most disputed areas in construction projects. It’s often an issue because changes usually increase costs and the parties dispute over who should cover the costs. This type of conflict can stem from many factors. A common cause is a lack of clarity or understanding of…

Be a Problem Solver: The Evolution of Judicial Settlement

On , In Mediation & Arbitration

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…

Using Legal Counsel to Proactively Manage Legal Risk

On , In Construction Law

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…

Tips for Estate Planning in Blended Families

On , In Estate Administration

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…

Small Renovations Can Equal Big Headaches if You Ignore Best Practices

On , In Construction Law

Homeowners and smaller contractors are often tempted to skip recommended practices when undertaking a small renovation.  In many cases, little thought is given to the contract (and in some cases the only document is an invoice) and there is no attempt to comply with the Builders Lien Act. Although it is understandable that the parties…

New Civil Resolution Tribunal

On , In Mediation & Arbitration

British Columbia is establishing Canada’s first online dispute resolution body. The innovative Civil Resolution Tribunal will address small claims and strata property disputes. The Tribunal is expected to launch later this year. The Civil Resolution Tribunal Act was passed in 2012 and amendments to the Act passed third reading on April 21, 2015. The Tribunal…

When To Consider Mediation?

On , In Mediation & Arbitration

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.…

I’m sorry I hurt your stupid feelings!

On , In Personal Injury

“I’m sorry I hurt your stupid feelings!” This is not an apology.  Neither is “I’m sorry if anyone was offended by my remarks.” It implies no regret for the act; only the reaction to it.  Any version of “I’m sorry but…” is not much of an apology.  The “but” erases whatever came before it.  “I’m sorry […]