Blog Posts
Welcome to the Richter Trial Lawyers Blog, where we share insights, updates, and practical guidance from our legal team. Our goal is to help readers understand the latest developments in estate litigation, family law, civil disputes, and personal injury matters in British Columbia. Because the legal world changes often, we work hard to keep this page current, clear, and useful.
What You Will Find on the Richter Trial Lawyers Blog
Here, we publish articles about new decisions from the BC Supreme Court, the BC Court of Appeal, and the Supreme Court of Canada. These decisions often shape how the law works in real life. As a result, our blog highlights what these rulings mean for individuals, families, and professionals.
We also write about practical issues that clients raise every day. For example, many people want to understand wills variation claims, undue influence in estate planning, time limits in family matters, or how personal injury damages are calculated. Our lawyers break down these topics in plain language so readers can feel more confident about their rights.
Who Writes Our Blog Content
The Richter Trial Lawyers Blog features posts written by members of our legal team, including our managing partner, John M. Richter. Because we appear regularly in court, we bring firsthand experience and real-world context to every article. In addition, our team aims to explain complex legal issues in a way that is straightforward and accessible.
Why Our Blog Matters
We created this blog to give readers quick access to reliable legal information. Although our posts are not legal advice, they can help you understand the issues involved in your case and prepare better questions when meeting with a lawyer. If you want more detail about any topic you see here, we invite you to explore our related practice pages or contact our office for assistance.
In Layes v. Stevens, 2017 BCSC 2011, a plaintiff who rejected a formal offer to settle before trial was ordered to pay for 2/3 of the costs from the time of the offer. On the Friday eve before trial, the defendant offered $490,125.45 to settle the claim. The plaintiff went on to be successful at trial, but […]
What do you do as an excluded spouse? In Unger v. Unger Estate 2017 BCSC 1946, a testator left the residue of his estate to his children and nothing for his second wife of 34 years on account of having already transferred her a half share in the family home. The wife sought to vary the deceased’s last […]
In Bhalla Estate, 2017 BCSC 1867, a testator who did not speak English and was unable to read or write in any language executed her will on July 21, 2008 with the assistance of a lawyer and an unidentified translator. She appointed one of her three children as the executrix and left the entire estate to […]
In Nykoryak v. Anderson 2017 BCSC 1800, A 93 year old testator prepared a new will leaving his estate to two of his three children, excluding his first born and granddaughter. He passed away shortly after. The excluded child and granddaughter disputed that the deceased had the testamentary capacity to make a will and brought an application for […]
In, Re Hadley Estate, 2017 BCCA 311, the BC Court of Appeal had the first opportunity to judicially consider s. 58 of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13. S. 58 of WESA allows the court to “cure” a record, document or marking on a will to make it fully effective as […]
Ms. P, executed a short will on August 18, 1988 appointing a trust company and her cousin as executor and trustee. The cousin was also the sole residual beneficiary of her estate, but passed well before Ms. P. After Ms. P’s death, a copy of the 1988 will as found and it was marked […]
Madam Justice Griffin of the BC Supreme court delivers a recent judgment regarding a contested will and marriage, reaffirming the differing legal tests for capacity to get married and make a will. In Devore-Thompson v. Poulain, 2017 BCSC 1289, an elderly woman suffering from Alzheimer’s married in 2010 and left a will in 2009. The […]
In Ratelle v. Barton 2017 BCSC 1262, a plaintiff’s motorcycle collided with a defendant’s Cadillac near Whistler. The plaintiff flew into a ditch near the road and was quite banged up. A the time of the accident, the defendant was attempting to turn left when the motorcyclist struck his car. The plaintiff maintained the Cadillac driver did […]
A recent judgment out of the Supreme Court of British Columbia by Mr. Justice Butler, sheds some more light on what makes a witness credible. Ponsart v. Kong 2017 BCSC 1126, involved a claim for injuries arising out of three car accidents. Before assessing damages and compensation, Mr. Justice Butler was tasked with determining who was at […]
A woman who claimed psychological injuries from a defective subway sandwich had her case dismissed. Ms. Chow was dining at a Subway location in Victoria when she noticed what appeared to be a small amount of blood on the bun and wrapping paper. She sued for mental distress and shock. Unfortunately, she sued the wrong […]
Can you have more than one spouse under WESA? The short answer is yes. You can have more than one spouse under the Wills, Estates and Succession Act. In, Connor Estate (Re), 2017 BCSC 978, Mr. C applied for a declaration under s. 2 of WESA that he was the spouse of the deceased in […]
Are Overdraft Fees considered a form of “interest” under the Criminal Code? In Bodnar v. Community Savings Credit Union, 2017 BCSC 918, Madam Justice Gray was tasked with determining whether a credit union overdraft charge in excess of $5 is considered “ interest” under s. 347 of the Criminal Code. Section 347 of the Criminal Code […]
Not all disputes deserve to end up in court and a recent property dispute ended up in front of Mr. Justice Wetherill at the Supreme Court of British Columbia. The case of Greenwood v. Hoffer, 2017 BCSC 884, is a cautionary tale about a bitter property dispute in which neither side was victorious considering the significant legal fees […]
The Supreme Court of British Columbia recently revisited liability in rear end collisions. In Gibson v. Matthies, 2017 BCSC 839, a plaintiff was injured when he drove his motorcycle into the back of the defendant’s red truck while driving in Mission, BC. The injured driver claimed the defendant stopped without warning. The court was left […]
When assessing loss of past income and loss of future income in personal injury cases, the courts are called upon to determine the likelihood of hypothetical events. In Grewal v. Naumann, 2017 BCCA 158, the Court of Appeal clarified the law in BC with respect to the standard of proof for hypothetical events, past or […]
In Kyle Estate v. Kyle, 2017 BCSC 752, a son whose brother stole money from his dad’s estate was recently awarded over $450,000 in special costs against the offending brother. A father left significant gifts to 4 bothers and named the offending brother as the executor. Unfortunately, that brother transferred significant amounts of money from […]
In Lindgren (Guardian ad litem of) v. Parks Canada Agency, 2017 BCSC 721, an injured infant brought a claim after being injured when another car lost control on the icy road and crossed into her family’s car on the trans-Canada highway. The plaintiff named Parks Canada Agency as a defendant for failing to maintain the […]
In Dahl v. South Coast British Columbia Transportation Authority, 2017 BCSC 629 a women filed a claim against Translink and Coast Mountain Bus Company for injuries she claims she received during a minor fall while riding the bus. Ms. D claimed for a host of injuries including post-traumatic stress disorder, brain injury, memory loss, problems with […]
Under the Health Care Costs Recovery Act SBC 2008 c. 27, the government can require anyone who injures someone else to reimburse the Province for the cost of their medical treatment. This does not apply to injuries from a car accident, or in the course of employment. In British Columbia v. Tekavec, 2017 BCSC 613, […]
British Columbia’s new wills regime, the Wills, Estates and Succession Act (WESA) came into force on March 31, 2014 to revise and replace the outdated Estate Administration Act, Probate Recognition Act, Wills Act, and the Wills Variation Act. WESA is still brand new and many of its provision are still being interpreted for the first […]