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.

Fighting over Fluffy: Who Gets to Keep the Family Pet?
April 29, 2021

Fighting over Fluffy: Who Gets to Keep the Family Pet? For many people, the family pet is considered a living breathing member of the family. In some cases they are better behaved than most family litigants. Although the Court has been known to make interim custody orders for a motorcycle (Krczizanowski v Fieseler, 2018 BCSC […]

What Does it Mean to be a Credible Witness?
July 6, 2017

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 […]

Join the Campaign to End Distracted Driving
April 5, 2017

Between 2010 and 2014, over 81 people a year have been killed due to distracted driving. While it may seem harmless to fire off a quick text, the reality is responding to a text means your eyes are off the road for an average of 5 seconds. An accident can happen in a split second […]

City Found Liable for Trip and Fall on Broken Sign
March 2, 2017

In Binette v. Salmon Arm (City), 2017 BCSC 302, a women brought a suit against the city of Salmon Arm after she tripped on a metal traffic sign that was poking out the sidewalk. A crosswalk sign had been severed from its base and had remained in the sidewalk. It was later repaired sometime after […]

Does Spousal Support Continue After Retirement?
February 28, 2017

Spousal support orders are made on three bases: Compensatory. To compensate a spouse for their role in the relationship and sacrifices they made during the relationship for the betterment of the spouses’ lives. Non-Compensatory or Needs-Based. To ensure that one spouse does not suffer the consequences of sacrifices made during the relationship more than the […]

Deed of Gift Unnecessary to Avoid Resulting Trust
February 21, 2017

A recent court of appeal decision makes it clear that evidence of a full and complete gift (rather than resulting trust) does not necessarily mean a “deed of gift”. The recent court of appeal case regarding the McKendry Estate involved Mary McKendry (deceased), her 5 children (4 daughters 1 son), and the Vancouver property purchased by […]

Defective Grapes and Jurisdiction: BC or Ontario?
February 16, 2017

In Andrew Peller Ltd. v. Mori Essex Nurseries Inc., 2017 BCSC 203, a BC Wine company sued an Ontario grape company alleging that they had been sold defective grape vines. As the issue was proceeding to trial, the Ontario based companies applied to court in British Columbia to transfer the proceedings to Ontario as the […]

Car Accident | Will a new car help?
February 6, 2017

Watch this video posted on Facebook by the Daily Mail which shows that a new car could save your life in an accident: Crashing cars What a 1997 car crash looks like compared to now! Posted by Daily Mail on Saturday, February 4, 2017 This video posted on Daily Mail’s Facebook page shows how driving […]

Self Represented Man Loses out at BC Supreme Court
January 26, 2017

A recent BC case illustrates the difficulty faced by self represented litigants at trial. In Uppal v. Chung, 2017 BCSC 80, Mr. U was injured in two accidents, one of which caused serious disruption to his life. Liability was at issue in both accidents and Mr. U’s ability to receive any damages depended on establishing […]

ICBC Driving Prohibition for Failing to Dispute Tickets in Time
January 5, 2017

The goodfirm ICBC lawyers want to show the consequences of failing to dispute a ticket within the required time limits. In Fraser v. British Columbia (Superintendent of Motor Vehicles), 2016 BCSC 2427, a new driver was given a 5 month driving prohibition after failing to dispute two tickets. The prohibition had severe consequences. The Tickets […]

What You Need to Know to Drive in the Snow
December 22, 2016

The snow in Vancouver was responsible for over 4,300 calls to ICBC over damage and accidents from the  road conditions.  With roads in the lower mainland covered in slush and snow, the goodfirm ICBC car accident lawyers want to extend a warning to take extra caution on the roads this year in order to avoid […]

Failure to Pursue Rehab Program Results in Reduction of Award
December 1, 2016

The goodfirm ICBC lawyers want to draw attention to a recent BC Supreme court case where a plaintiff’s failure to undergo a doctor recommended treatment program resulted in a reduction of the plaintiff’s award. In Lally v. He, 2016 BCSC 2187, a plaintiff’s award of damages was reduced for failing to attend a rehab program […]

Do I have to pay my spouse’s costs for our divorce?
October 6, 2016

We talk about court-ordered costs in our blog here: What are court ordered costs? The usual rule in family cases is found in Supreme Court Family Rule 16-1 where it is presumed that the costs of a family law case must be awarded to the successful party unless the court otherwise orders. Some lawyers have […]

Injured in a Car Accident? 5 Key Steps You Can’t Afford to Miss
September 16, 2016

The goodfirm ICBC car accident lawyers want to share these 5 key steps to take if you are injured in a car accident. 1. Try and get as much information about the other driver as possible. Any time you’re injured in a car accident, it’s important to exchange information with the other driver. Its best […]

“In-Trust” Claim for Parents and Grandparents Over Tragedy During Child Birth
August 11, 2016

The goodfirm ICBC personal injury lawyers want to draw the public’s attention to a recent personal injury case in the Supreme Court of British Columbia involving the birth of a child and litigation over €œin-trust” claims of the child’s parents and grandparents. In the recent case of Crossman v. Boiley 2016 BCSC 1437, a couple’s […]

Don’t go it alone: A cautionary tale of self-representation at the BC Supreme Court in motor vehicle cases
July 2, 2016

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 […]

Wills Variation: Protecting Women and Children
March 30, 2016

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 […]

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