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.

Gender, Culture, and Wills Variation Claims – Can cultural traditions allow parents to favour sons over daughters in their wills?
October 27, 2023

Introduction Cultural traditions play a significant role in shaping family dynamics and inheritance practices across communities. For example, it’s well-known that many cultures tend to exhibit a preference for sons over daughters in various aspects of family life, including inheritance. When these traditions conflict with the principles of equality and fairness enshrined in Canadian law, […]

Divorce Court Antics Irk Vancouver Judge
March 28, 2017

Recently a Vancouver judge made it  clear which antics he thought were too much in divorce court. We have blogged on this site before about the importance of legal advice and what to avoid when presenting the court with affidavit evidence here and here. In the recent case of Zandbergen v. Craig, Justice Smith was […]

Do I have to Pay Child Support for my Step Kids?
March 21, 2017

Recently Vancouver family lawyers were reminded that not only parents but also step-parents may be responsible for supporting their step kids after divorce. In EZ v. PZ, 2017 BCSC 375, Justice Baird heard a case in which the mother and purported father were married at the time that the mother gave birth to a child […]

Joint Names Can Affect Your Excluded Property
March 13, 2017

People always assume it is a good idea to put property or bank accounts in joint names with their spouses. They buy a house where they will live, and they put it in joint tenancy. They open a bank account so they can pay their bills, and they put it in joint names. Often, people […]

Is a Draft Will Legal?
March 7, 2017

Common questions that people have in British Columbia estate law include: “Is a draft will legal” or “binding” or “valid”? This article attempts to give some guidance on how to answer those questions. In British Columbia, for a will to be valid, it must meet the requirements found in Section 37 of the Wills, Estates […]

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 […]

How to Prove Property is Excluded Under the BC Family Law Act
February 14, 2017

Since the introduction of the BC Family Law Act, the court has struggled with how a spouse may prove property is excluded. As explained in our blog Dividing Property in BC: The Proof is in the Puddin‘, the person who claims property is excluded has to show that it is excluded. The recent Court of Appeal […]

Court Orders Parent to Sign Nexus Consent
February 7, 2017

Mr. Justice Skolrood of the BC Supreme Court has ordered that  he can step in where necessary and require parents to sign a consent form for Nexus passes. In Pasco v. Pasco, 2016 BCSC 2484, the mother lived in White Rock and the father was unwilling to provide consent for her to travel cross-border for […]

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 […]

The 411 on Chronic Pain
February 2, 2017

A serious car accident can result in life long chronic pain. Chronic pain is often defined as any pain lasting more than 12 weeks. It is unique in that the pain persists for months or even longer. Chronic pain can be overwhelming and many people feel like they can’t cope. Complications from this type of […]

Who Gets the Kids | Is Drinking a Problem?
January 24, 2017

Divorce or separation is a very stressful time BC couples’ lives. In most cases, it’s the most stressful thing you’ll ever have to deal with. In times of such excess stress, you or your ex might reach for the bottle. The question is: In divorce or separation proceedings in BC when does drinking (yours or […]

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 […]

To Have or Not to Have
September 3, 2015

When couples get engaged and get married, they often hope that the relationship will withstand the test of time and circumstance. They often see their union as a romantic venture rather than the financial partnership that it also is. And having a conversation about prenuptial agreements is probably one of the last items most couples to […]

You’ve Been Served: Social Media Edition
May 7, 2015

CNN reported today that a woman somewhere in New York may serve her husband divorce papers via Facebook. A link to that story may be found here. In Canada, service via social networking sites is not a new concept and has been ordered on a number of occasions. For example, most recently in Eastview Properties […]

When are Parents Responsible for what Their Kids do at School?
January 13, 2015

Carson Dean, a 14 year old student at Wellington Secondary School in Nanaimo thought it would be a fun prank to attach his friend’s padlock to the sprinkler head in his school. Upon jumping for several minutes, Carson managed to attach the lock causing the sprinklers in the entire school to become activated. Carson’s actions […]

What is a marriage-like relationship?
January 7, 2015

In British Columbia, a common law relationship is what the courts call it once two people have lived together in a marriage-like relationship for more than 2 years.

Top Ten Worst Intersections
July 18, 2014

Vancouver personal injury lawyers read ICBC’s 2013 list of the top ten Lower Mainland car crash intersections with mixed feelings. As the following Supreme Court of Canada excerpt sets out, likelihood of harm is one measure of reasonable conduct when driving a motor vehicle. In other words, the greater the likelihood of harm, the more […]

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