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.
Don’t go it alone: A cautionary tale of self-representation at the BC Supreme Court in motor vehicle cases Richter Trial Lawyers, the goodfirm ICBC car accident lawyers want to share a recent case from the BC Supreme Court reiterating the dangers of opting to “go it alone” at trial. In Mather v. MacDonald 2016 BCSC […]
In Shongu v. Jing, 2016 BCSC 901, the latest ruling involving car accident at the Supreme Court of British Columbia, a man was awarded $1,080,000 from ICBC for damages as a result of his accident, even though the collision was mild. Mr. S, a 39 year old refugee from the Democratic Republic of the Congo […]
On June 14, 2016, Justice Pearlman of the BC Supreme Court released a decision on the issue of special costs in Dyer v. Dyer, 2016 BCSC 1115. The issue was whether Mr. Dyer was entitled to recover special costs against Mrs. Dyer after she brought an application to have the firm McLachlan Brown Anderson disqualified […]
The goodfirm personal injury lawyers want to draw attention to a recent case involving a dog bite and a claim for damages at the BC Supreme Court. In Bloski v. Chopyk 2016 BCSC 1022, a former professional ice hockey player, injured by a roving pit bull, recently brought a claim for damages against neighbors who […]
The goodfirm ICBC personal injury lawyers want to share a recent case that demonstrates the cautious approach the court takes in assessing a plaintiff’s injuries where there is little or no objective evidence. In Gordon v. Ahn, 2016 BCSC 795, a 19 year old woman was injured in a motor vehicle accident when the vehicle […]
A recent ruling from the Ontario Court of Appeal sheds light on the extent of an insurance company’s duty to defend additional insureds under an insurance policy. On a snowy day in Pickering, a man was killed when his car skidded on ice and snow on the roadway, which was maintained by the Regional Municipality […]
More British Columbians are being killed by distracted driving than impaired driving, according to B.C. Attorney General Suzanne Anton. Eighty-one people were killed in 2012 in distracted driving accidents, compared to 55 deaths caused by drinking and driving accidents. This is not necessarily a reduction in drunk driving itself, but rather a fatal increase in […]
The Family Law Act was meant to simplify property division on divorce in British Columbia. So far in practice, it seems to have had the opposite effect. Vancouver family lawyers are finding it more difficult to advise spouses of their legal rights and obligations on divorce. In July 2010, the Ministry of Attorney General Justice […]
In the recent case of MAV v. EKM, 2016 BCSC 594, John M. Richter appeared on behalf of father, MAV. In that case, MAV was applying for increased parenting time of his three boys. Since the date of separation in August 2015, the children had been primarily staying with the mother in the parties’ former […]
The good firm ICBC lawyers want to share the latest development in the area of ICBC personal injury law. On April 14, 2016, the Supreme Court of Canada declined to hear an appeal from the Insurance Corporation of British Columbia in relation to the 2015 decision of Felix v. Insurance Corporation of British Columbia 2014 […]
The good firm ICBC lawyers want to warn families and couples injured in a car accident of a potential conflict of interest. A recent ruling in a personal injury case illustrates how conflicts of interest can arise when couples and families seek legal representation together. In Hanlan v. Wilson, 2016 BCSC 372, the British Columbia Supreme […]
The Wills Variation Act is BC legislation that is meant to ensure that spouses and children are not disinherited. When someone dies, the government doesn’t want their families to be without the necessities they would be provided had that person simply left the family, for example, by divorce. The government does not want the deceased […]
Under Supreme Court Civil Rule 14-1(9), unless the court awards otherwise, the cost of a trial must be awarded to the successful party. The effect of this rule in personal injury cases is that a plaintiff who is successful in proving liability and damages at trial will recover the cost of the action from the […]
In a recent BC Supreme Court case Chiu v. Lam, 2016 BCSC 299, Mr. Justice Verhoeven reviewed the law with respect to oral agreements. Before you lend someone money based solely on an oral agreement, you should consider whether you will be able to prove it. Ms. Chiu argued that she had lent money to […]
Outside courtroom 40 at the Vancouver law courts, the lawyer who prepared a 2010 will waits with his file and his lawyer. The plaintiff’s lawyer in this wills variation claim had subpoenaed him to give evidence even though he had asserted privilege over the file during discovery. The executrices sitting in court had not waived […]
The Insurance Company of British Columbia has the right to retain their own doctor and assess a plaintiff in relation to injuries in a Part 7 or Tort claim. Although the doctors that ICBC uses are meant to provide an “independent” assessment, they are often almost certain to provide a medical opinion which minimizes a […]
Under the Supreme Court Rules in British Columbia, a party to an action may require that the trial be heard by a jury. The right to a trial by jury is a substantive right of great importance. The courts have consistently held that a party should not be deprived of this right except for compelling […]
If someone is injured in a car accident, under part 7 of the Insurance (Vehicle) Act, ICBC is required to pay all reasonable expenses for necessary medical, surgical, dental, hospital, ambulance or professional nursing services. Where does this leave medical marijuana users? According to surveys commissioned by Health Canada, there are roughly 500,000 medical cannabis […]
Vancouver family lawyers know that parents must carefully consider family law settlements before agreeing to terms. In February 2015, an “intactivist” Florida mother made headlines when she disappeared with her son because Florida courts ordered that she agree to circumcise her son. “Intactivists” believe that circumcision is medically unnecessary and urge doctors not to perform […]
Outside of the traditional single testamentary dispositions are other types of wills. The terms “mutual wills”, “joint wills” and “mirror wills” are often used interchangeably to describe situations where people such as a husband and wife make a reciprocal, corresponding or identical wills that leave the estate to the surviving spouse with the remainder passing […]