Blog Posts
Below are our blog posts about recent developments in the areas of Estate, Family and Personal Injury law as well as comments on some recent important decisions from the BC Supreme Court, BC Court of Appeal and the Supreme Court of Canada. Our blogs are written by the legal minds of Richter Trial Lawyers, including our managing partner, John M. Richter.
In an effort to rein in ICBC’s ballooning costs, the government recently made sweeping changes to the rules of expert evidence. Experts and expert reports are used to address the issue of damages that a plaintiff has suffered — such as wage loss, future wage loss and future care — that can be used by each side […]
You Has your ex-spouse passed away after you started a family action? Are you unsure of whether you are entitled to an asset division following your spouse’s passing? Contact experienced Vancouver Family Lawyers to navigate the most unusual and complex set of facts. Facts In a recent decision, Surrett v. Butkiewicz, 2018 BCSC 2194, the […]
Vancouver personal injury lawyers can assist you with your future loss of income earning capacity claim. Facts A recent decision, Young v. Shao, 2018 BCSC 2017, is a good reminder of how to advance your claim for future loss of earning capacity. Said claim is determined by comparing the likely future of your working life […]
Did you obtain a court order for your ex to pay child support in British Columbia? Is your ex still finding ways to avoid child support payments? Does your ex owe you retroactive child support payments? Is your ex intentionally under-employed? Is your ex seeking to vary or terminate a child support order? Facts […]
A recent decision, Venables v. Venables, 2018 BCSC 1736, explains how to divide family assets and debts following the breakdown of a relationship, where one party brought an excluded property into marriage and then shared said property ownership with his spouse. In this case the parties were married on August 1, 2009, and separated in […]
In a recent decision, Kong v. Song, 2018 BCSC 1691, the Supreme Court of British Columbia determined that the habitual residence of a 2.5-year old child was not in Canada, which meant that the father had wrongfully removed the child from China and brought him to Canada. Facts The child, Lucas, was born on […]
The value of the Family Home is a contentious issue in family law because it is often the family’s largest major asset. When the Family Home is registered either spouses’s name, it is considered family property under the Family Law Act. When spouses separate, section 81 of the Family Law Act gives each has a right to a half […]
Overview Following a relationship breakdown you might be wondering whether you have a claim for an unequal division of family property. An order for an unequal division of family property or debt occurs when a 50/50 split of the family assets and debts would create unfair circumstances for one of the parties. These types of […]
To file for divorce is an important step the goodfirm Family Lawyers can help with. Affordable travel has made long distance relationships increasingly common. For couples who are legally married, the Divorce Act will apply no matter what province they file for divorce in. For common law couples, each province has different legislation in place for how […]
If you discover what appears to be multiple wills or a will and a codicil or you simply don’t know whether a document left by a testator constitutes a will, then give Vancouver Estate Lawyers a call. There is a curative provision under s. 58 of the Wills, Estates and Succession Act that may be […]
Estate litigation in British Columbia can be a complicated area. There are many procedural rules that govern the administration of and actions on behalf of an estate. The goodfirm Vancouver Estate Lawyers can help you navigate this confusing area. In Fry v. Fry, 2018 BCSC 1018, a court refused to grant leave to a beneficiary to […]
You A recent case McCarthy v. McCarthy, 2018 BCSC 1210, is a good reminder of how to determine whether a property transfer is excluded property or a family asset. For example, imagine that you have been in a relationship with another person for a short period of time. Your mother then transfers property held in […]
If you are considering challenging a will and/or recover misappropriated assets for a loved one’s estate, following the correct procedure is crucial. The goodfirm Vancouver Estate Lawyers know and understand the complicated procedures. In Naidu v. Yankanna (Estate), 2018 BCSC 878, a son and daughter started a court action to recover various real estate properties for their father’s […]
Are you a being sued in a civil lawsuit? Are you unsure of how to navigate the legal system? If you answered ‘yes’ to both of these questions then you need to contact a Civil Litigation Lawyer in Vancouver. As a word of caution, a recent Court of Appeal decision, Andrews v. Clay, 2018 BCCA […]
Did you sustain injuries following a motor vehicle accident? Are you unable to maintain your previously held position? Do you have a claim for loss of future income-earning capacity? The Goodfirm lawyers can help you recover the compensation that you are entitled to. A recent Supreme Court decision, Murphy v. Hofer, 2018 BCSC 869, shows […]
Richter Trial Lawyers can guide you through the process of interpreting what a clause in a will means to ensure that you receive the gift you are entitled to. In Thorne Estate (Re), 2018 BCSC 934, two executors sought interpretation or construction of clause 3(j) of Mr. Thorne’s will. The clause provided for the […]
How do you dispute a will? In Naidu v. Yankanna (Estate), 2018 BCSC 878, the court’s ruling shows what NOT to do when applying to vary a will. In Naidu, a testator died and left his entire estate to his new wife, to the exclusion of his prior wife and five of his children. Prior to […]
What we do: Document production is a key component in almost all legal cases. Your goodfirm Vancouver Family Lawyers can help you obtain documents crucial to resolving your family law matter. One recent change to disclosure obligations is the Supreme Court of British Columbia’s ruling that private and confidential journals must be handed over to the […]
Can you do your own personal injury claim? While any driver in an accident can start a claim, its wise to seek legal counsel for guidance before starting a claim to make sure you comply with the proper procedures. A failure to comply with the proper procedure can result in time being lost and witness’s […]
Your goodfirm Vancouver Personal Injury lawyer can help recover lost wages if you have been injured in an accident. A recent motor vehicle case from the Supreme Court of British Columbia shows the courts approach to determining a wage loss award and illustrates why it’s important to have good liability coverage. In Noftle v. Bartosch, 2018 […]