Blog Posts

Most people assume that if you win, the other side pays your legal bills. If you lose, you pay theirs. Costs are not just about who “won.” The starting point: costs follow the event In BC Supreme Court litigation, the general rule under Rule 14-1(9) of the Supreme Court Civil Rules is simple: the successful […]

When Courts Can Fix a Will The British Columbia Court of Appeal case Paige v. Noel, 2025 BCCA 358 offers a look at how section 58 of the Wills, Estates and Succession Act (WESA) operates in unique circumstances, such as text messages or emails expressing a will-makers intention to remove someone from their will. Section […]

Many estate disputes are not caused by unfair wills, but by unclear ones. Poor structure, inconsistent wording, and failure to plan for common life events often force executors and beneficiaries into court. Careful drafting can avoid most of these problems. Below are practical, straightforward tips that make wills easier to understand, administer, and defend. 1. […]

Estate planning isn’t just about houses, bank accounts, and stocks any more. In 2025, your digital life, including cryptocurrency, online subscriptions, cloud-storage, social media, and domain names, can play a critical role in what you leave behind, how it’s managed, and whether disputes arise. For clients, executors and beneficiaries alike, overlooking the digital dimension can […]

When couples separate, dividing property and debt can be one of the most complex and emotional parts of the process. In British Columbia, these matters are governed primarily by the Family Law Act (FLA), not the Divorce Act. Understanding how property and debt are defined, divided, and possibly excluded is essential for anyone navigating a […]

Canadian spousal support law is deliberately structured to separate moral fault from financial obligation. Generally, behaviours such as affairs, substance abuse, verbal conflict, or the fact that one spouse “caused the separation” will not be decisive. The General Rule: Misconduct Is Irrelevant Under both the Divorce Act and British Columbia’s Family Law Act, courts generally […]

When people think about a legal dispute, they usually picture a courtroom, a judge, and a final decision handed down at the end. What most people don’t realize is that many cases in British Columbia are resolved long before anyone ever goes to trial, often through mediation. What is Mediation? Mediation is a structured meeting […]

We are pleased to note that the British Columbia Court of Appeal has now affirmed the decision in Matossian Estate v. Clark Estate 2024 BCSC 2214. The decision confirms the soundness of the trial judgment. Appellate review serves an essential function in our legal system. The Court of Appeal’s decision to uphold the trial ruling […]

One of the most common shocks beneficiaries face is discovering that major assets are no longer in the estate by the time a will is probated. In British Columbia, the law draws a hard line between what courts can and cannot claw back. Under the Wills, Estates and Succession Act (“WESA”), a wills variation claim […]

One of the most common arguments raised in wills variation claims is that the deceased already “took care of” the claimant during their lifetime. Parents often help adult children with down payments, education costs, or business loans. When the will later leaves that same child little, or nothing, the executor often argues that those earlier […]

When someone dies without a will in British Columbia, legally known as dying intestate, the estate is distributed according to the rules set out in the Wills, Estates and Succession Act (“WESA”). Many people assume that a long-term common-law partner will automatically inherit, but under BC law, intestacy rules require certain requirements to be met. […]

Preparing a will is one of those tasks many people know they should do, but often put off until later. Thanks to inexpensive online will kits, it’s tempting to think you can draft a will yourself and save a few hundred or thousand dollars. But in British Columbia, relying on DIY wills can create serious […]

Being named as the executor of an estate in British Columbia can feel like both an honour and a burden. While it means the deceased trusted you, it also comes with paperwork, deadlines, and asset management. Naturally, two common questions arise: How much can an executor be paid? And what happens if they don’t want […]

Families often exchange money without thinking twice. Whether that be covering a down payment for a new house, paying for a child’s tuition, or transferring money in a difficult time, financial help feels informal. There is no paperwork, contracts, or repayment schedules. Everyone assumes the intention is obvious. … and then the lender passes away. […]

Legal costs can add up quickly during estate litigation in British Columbia. One tool the courts sometimes use to manage risk and fairness in these proceedings is an order for security for costs. What is “Security for Costs”? An order for security for costs order requires one party, usually either the claimant or the appellant, […]

When a defendant or respondent in British Columbia doesn’t file a response within the time limits under the Supreme Court Civil Rules, the plaintiff can apply for a default judgment, essentially, the court says: “You didn’t respond, so we’re assuming you admit liability.” It’s a procedural but powerful remedy. For plaintiffs, it moves the case […]

Financial disclosure is the foundation of every family law case in British Columbia.Without complete and accurate information, fair decisions on property division, child support, or spousal support are impossible. Under Rule 5-1 of the Supreme Court Family Rules, each party must complete and exchange a Form F8 Financial Statement and supporting documents within 30 days […]

Separation isn’t just an emotional event, it has major legal and financial consequences. In British Columbia, the moment you separate, limitation periods begin to run, property rights shift, and support obligations can arise. Why the First Steps Matter Separation isn’t just an emotional event, it has major legal and financial consequences. The moment you separate, […]

Starting a BC Supreme Court claim begins with understanding the key document that tells your story and defines your legal position.Whether your matter is a family dispute or a civil case involving an estate, every claim starts with a properly filed court form and clear legal grounds. Filing Your BC Supreme Court Claim Every Court […]

In British Columbia, you can finalize your divorce without going to court if your case qualifies as an undefended family law case. This process is commonly known as a Desk Order Divorce (“DOD”). Below, we explain when you can apply for a DOD and what documents you’ll need to file under the Supreme Court Family […]