What do you mean I’m not covered by ICBC?

Remember all those cars torched and overturned in the Vancouver riots this past summer?  Only those owners with the right optional coverage could make a claim to an insurance company for the damage to their vehicles.  Basic coverage would not be enough.  Without the optional coverage an owner would have to identify the person or persons responsible for damaging their vehicle and sue them directly.

ICBC is our province’s universal automobile insurance company.  “Universal” means that every car owner in BC must purchase their basic coverage (Autoplan) from ICBC.  Excess coverage and optional coverage may be purchased from ICBC or from other insurance companies. Continue reading

Posted in ICBC | Comments Off

What happens if I back out of buying a house?

Buying a new home is an exciting experience. It can also be overwhelming. What happens if you have rushed into it and later decide that you don’t want to follow through?

If you have already removed the ‘subject clauses’ from your contract, for example your contract was subject to a home inspection or financing, then your contract is ‘binding’; you are legally obligated to purchase that house and the seller will have legal remedies if you do not. Continue reading

Posted in Buying a Home, Real Estate | Comments Off

What exactly does an “executor” do?

When someone close to us passes away, it is easy to become overwhelmed by the loss and by all the details of managing their affairs. Some issues that demand attention right away include funeral arrangements, contacting family and locating the Will. Locating the Will is important as it may contain funeral wishes and it appoints someone, the Executor, to be responsible for the management of the Estate. If you do not know where the original Will was kept, you can do a search of the B.C. Wills Registry through the Vital Statistics Agency.

What does it mean that I was appointed “Executor”?
If you have been appointed Executor you must decide if you are up to the task before you begin to meddle with the Estate’s assets and debts, otherwise you will not be allowed to back out and you must see things through to their completion. If you decide to act, it is helpful to keep a diary of everything that you do as Executor; any expenses incurred, debts paid, any important items located, and the names and contact information of people you speak with about the Estate. It is important to stay organized, as one of your duties is to be able account for all assets, debts, expenses and income of the Estate. Continue reading

Posted in Estate Planning, Wills & Estates | Comments Off

I’m sorry I hurt your stupid feelings!

“I’m sorry I hurt your stupid feelings!”

This is not an apology.  Neither is “I’m sorry if anyone was offended by my remarks.” It implies no regret for the act; only the reaction to it.  Any version of “I’m sorry but…” is not much of an apology.  The “but” erases whatever came before it.  “I’m sorry you misunderstood me.”  You get credit for apologizing while blaming the other person. Continue reading

Posted in Negligence and Torts, Personal Injury, The Apology Act | Comments Off

Could serving alcohol at your staff holiday party cost you more than you bargained for?

Recent changes to British Columbia’s drinking and driving laws have renewed interest in the issue of employer liability as a social host. With the holiday season approaching fast, many of us are wondering about the risk associated with serving alcohol to employees. Continue reading

Posted in Employment Law, Liquor Liability, Personal Injury, Workers Compensation Act | Comments Off

Parental Responsibility Legislation: Who’s Financially Responsible for the Actions of a Minor?

Young people rioting in Vancouver. Graffiti in Kelowna. Hallowe’en vandalism.

Maybe you are thinking, “Where are the parents?”  Why aren’t they supervising their kids? If parents knew they might be financially responsible for their child’s actions, then they might keep a closer eye on their children. At least that’s the theory.  Continue reading

Posted in Negligence and Torts, Parental Responsibility Act | Comments Off

Love thy Noisy Neighbour?

It’s a late Sunday night. Everyone has retired for the night in preparation for another long work week. Well, almost everyone.

Your downstairs neighbour has decided to have a Sunday night dance party in his living room. The sound of the bass reverberates through the walls and right into your bedroom. It’s a party to which you don’t want to be invited. You’d much rather be counting sheep than counting the hours you’re not sleeping.

Neighborly disputes are nothing new but their frequency is increasing, given that our city and density has grown exponentially in the past few years and we are forced to live in closer and closer quarters with one another. Continue reading

Posted in Nuisance | Comments Off

What Can We Learn From Celebrity Prenuptial Agreements?

In October of 2009, basketball player Lamar Odom and reality TV star Khloe Kardashian made headlines around the world when details of their prenuptial agreement were leaked.

It was reported that, in the event of the couple’s breakup, Lamar would be able to keep his salary (which at that time was approximately $33 million over 4 years) in exchange for giving Khloe an allowance each year, as well as paying for the couple’s shared expenses through a joint bank account.  Originally, it was also reported that Khloe had a clause where Lamar would have to provide her entire family with courtside season tickets to the Los Angeles Lakers (the team Lamar plays for) if the parties separated, though those details were never confirmed.

While it’s always interesting to see what kind of terms exist in celebrity prenuptial agreements (e.g. a “cheating” clause where one party is required to pay a large sum of money to the other party if they are caught cheating on their spouse), many people wonder whether they should consider entering into a pre-nuptial agreement prior to getting married. Continue reading

Posted in Family Law, Marriage Agreements | Comments Off

Is It Fair to be Fined for the Noise Your Vehicle is “Capable” Of?

For the last five years, I have been working on a custom motorcycle build project with a friend in his garage.  Two weeks ago I finally got to hear my bike engine start for the first time.  It sounded awesome.  I felt like a kid again when I heard my bike chugging in the driveway.  Of course I had thrown some baffles in the exhaust pipes to muffle the level of noise emanating from my bike, but it still had a the powerful resonating essence that I had hoped for from the start.  After all, if I had wanted something economical and as quiet as a sewing machine, I would have bought a scooter.

Nonetheless, only after I had completed building my bike did I seriously put my mind to how loud the exhaust on my bike could – and should – be. Continue reading

Posted in City of Kelowna, Nuisance | Comments Off

Help! My Ex Owes Me Child Support, But It Might Cost Me Too Much in Legal Fees to Collect It

Time and time again, I meet people who seek legal advice because they made an agreement with their ex-spouse regarding child support and/or spousal support and their ex-spouse has not been paying support for months, or even years.

This situation occurs more often than one may think; even if you have a court order or a separation agreement, your ex-spouse may still ignore paying support because the costs of going to Court to enforce that order can often cost more than the money you’re owed.  I’m often asked, “What can I do without having to pay more in legal fees than the child support I’m owed?” Continue reading

Posted in Child Support, Family Law, Family Maintenance Enforcement Act | Comments Off