What if I cannot afford to pay court costs? Costs are generally awarded to the successful party following the conclusion of a court proceeding. Often, costs can cause financial hardship to a litigant who has been ordered to pay costs. If costs interfere with a person's ability to provide for a child when the child [...]
Written by Harman Kang Did you know all properly executed Wills may be revoked regardless even if the language says it’s not revocable and even if the will maker covenants not to revoke the will? There are essentially three ways you can revoke a will. The first is by creating a new valid [...]
Guardianship Case: Our client was in a relationship. He was not married and his girlfriend became pregnant. Unfortunately the relationship ended before their child was born. Since they were not a couple when the child was born, she would not allow him access to their child stating that our client was not a guardian. Our [...]
In a decision released November 27, 2017, Barnard v. Barnard, 2017 BCSC 2162, the Honourable Mr. Justice Armstrong analyzed costs after completion of a trial and the impact of a settlement offer that was made prior to trial. Facts: [2] At trial, issues of family property, debt, parenting, child support and family violence were addressed. [...]
There are many benefits to incorporating a business in British Columbia, such as limited liability, lower corporate tax rates, and financing opportunities. While it is possible to incorporate on your own through the online incorporation process, legal advice from a lawyer with experience in business law can help you determine the best model for your [...]
In certain situations, you can ask the Court to postpone the granting of a divorce. The Continuing Legal Education materials state: There is only one ground for divorce: breakdown of the marriage (Divorce Act, s. 8(1)). If one of the factors set out in s. 8(2) is met, a breakdown of marriage is established: (a) [...]
Written by Jasmin Kang Lawyers who practise in wills and estates continue to be exposed to liability for professional negligence long after they stop drawing wills or retire from practice altogether. Under the current Limitation Act, the basic limitation period for a disappointed beneficiary to bring a claim begins two years from the date that [...]
When deciding to buy or sell a business in BC, there are a number of factors to take into consideration. The transaction process is complex and requires careful planning and preparation to ensure that everything goes smoothly. There are two key stages in the purchase or sale of a business: First, an [...]
Written by Jason Hansra The SCC, in D.B.S v. S.R.G. 2006 2 SCR 231, found that when you attempt to retroactively vary a child support agreement, you must establish a “material change” in circumstances. Consequently, the courts presumptive three-year rule, which is an automatic timeframe of retroactivity, is triggered. However, In June 2021, the [...]
Written by Jasmin Kang The powers and jurisdiction of the Small Claims Court are established within the Small Claims Act. Section 3 of the Small Claims Act provides: 3(1) The Provincial Court has jurisdiction in a claim for (a) debt or damages, (b) recovery of personal property, (c) specific performance of an agreement relating [...]
