The schedule of standard bylaws found in the Strata Property Act contains a nuisance bylaw that prohibits the use of a strata lot or common property such that causes a nuisance or hazard to another person. Nuisance is a common issue in strata living and the word “nuisance” is a legal term. The purpose of…
Read MoreSuccession Planning PowerPoint Presentation
TagsArticlesSuccession Planning PowerPoint presentation This PowerPoint was presented Jan. 30, 2009 to the CAFE (Canadian Association of Family Owned Enterprises) meeting in Kelowna. Click Here to View
Read MoreSwinging the Heavy Hammer: Just Cause Termination
TagsArticles, Employment LawIn previous postings, we discussed the employment contract which exists between all employees and their employers. Implied in most verbal employment contracts is a term recognizing that employees who see their employment terminated for grounds other than "just cause", are entitled to reasonable notice of their termination, or payment in lieu thereof. But what is…
Read More‘Tis the Season: Drinking and Driving
TagsArticles, Personal InjuryWith graduations, weddings, camping, and backyard BBQ's abounding, one might say 'tis the season for alcohol consumption. For most of us, the thought of killing someone is all we need to persuade us not to drink and drive, but for some that just isn't enough. As a result, the insurance companies and special interest groups…
Read MoreTop 3 Car Accident FAQ’s
TagsArticles, ICBC Claims, Personal InjuryThere are several questions that personal injury lawyers get asked over and over again. This month's column sets out the top 3 questions I get asked with respect to car accidents. FAQ #1 — ICBC was paying for my physiotherapy/massage therapy/chiropractic treatments and now they have cut me off, are they allowed to do that?…
Read MoreTree Trespass: No Leafing Matter
TagsArticles, Civil & Commercial LitigationIf a tree is straddling a property line between two neighbours’ yards, who owns it? What is the recourse if one neighbour wants to cut it down and the other doesn’t? This may seem like a silly legal question at first, but between feuding neighbors with differing degrees of arboreal affection, what to do with…
Read MoreUse of Joint Ownership in Estate Planning
TagsArticles, Wills & Estate PlanningJoint ownership is regularly used as an estate planning tool, because on your death, joint property transfers to the surviving joint owner automatically on your death with little or no delay, effort and expense. A capital asset, such as land, a bank account or an investment account, can be owned jointly with another person.…
Read MoreWhere’s Waldo? Understanding Legal Wills
TagsArticles, Estate LitigationLet me set the scene. You are the executor of your Aunt Etna’s estate. Her only son disowned her when he was in his twenties as he wanted to open a dog tattoo business and she was not as supportive of his dreams as he would have liked. Let’s call him Waldo. You had a…
Read MoreWhat’s In Your Medical Records?
TagsArticles, Personal InjuryWhat's in your medical records? Do you know? The answer to this simple question can have a significant impact on what insurance companies, like ICBC, are prepared to offer you in the settlement of your accident case or why you might be denied coverage under your long-term disability policy or worker's compensation claim. As…
Read MoreWhat Is My Case Worth?
TagsArticles, Personal InjuryIf you've been injured in an accident, one of the questions that will likely cross your mind is "what is my case worth?" The following is a brief explanation of how the court arrives at an answer to this inevitable question. The purpose of compensation in personal injury claims is to put the injured…
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