Vic’s Law Blog

CANADA LAW NEWS

Law is perpetually evolving. Lawyers must too.

Learn about the latest legal issues, cases, and news in Vic’s law blog.

Disinherited Daughters: the law again protects daughter in wills’ variation/estate litigation case.

The B.C. Supreme Court found that Yat Hei Law, the mother of Ginny Lam and William Law, left $2.9 million to her son and only $170,000 to her daughter. Justice Maria Morellato ruled the decision was influenced by gender-based preferences. "This bias shaped both the lifetime gifts and the 2018 will," the judge wrote.

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ICBC, Personal Injury, Car Accident Vic Singh Maan ICBC, Personal Injury, Car Accident Vic Singh Maan

Unhappy with your current ICBC/Personal Injury lawyer? You have options.

WHY CHANGE YOUR ICBC INJURY LAWYER:

  1. The lawyer is not responsive to their client’s phone calls and/or emails.

  2. The lawyer takes too long to conclude an injured victim’s file whether settlement or trial.

  3. The lawyer is not willing to go to Trial and/or is inexperienced in it.

  4. The lawyer undervalues an injured victim’s claim (e.g. asking the client to settle for much less than deserved).

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Wills and Estates, Estate Litigation, WESA Vic Singh Maan Wills and Estates, Estate Litigation, WESA Vic Singh Maan

Wills & Estates: the difference of a “gift” & a “loan” between parents, their children, & property purchases.

In this heart-wrenching legal case, a family's grief over the loss of their daughter, a young RCMP officer, erupted into a fierce courtroom battle over $300,000. The officer’s parents, who had provided the funds to help her purchase her first home, claimed it was a loan. But her spouse insisted it was a gift, a crucial distinction that would determine whether the widow or the parents would keep the money.

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Personal Injury, BCCA, ICBC Vic Singh Maan Personal Injury, BCCA, ICBC Vic Singh Maan

BC Court of Appeal Clarifies Law on Future Income Loss

"The Court’s reference to awarding the plaintiff their “entire annual income for one or more years” has, unfortunately, sometimes been read as if it allows a court to arbitrarily assign an amount for the plaintiff’s loss. At trial, the defendant’s suggestion that an award of a year or two years’ salary would be appropriate appears to me to stem from a misunderstanding of Pallos. While a court can quantify the plaintiff’s damages for loss of future earning capacity in that way, it is required to carefully consider the evidence, and come to a fair assessment of the plaintiff’s loss."

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Estate Litigation, Wills and Estates Vic Singh Maan Estate Litigation, Wills and Estates Vic Singh Maan

Clash of the Executors: Brothers at Arms

When a will is drafted, an executor of the estate is appointed in the will. The executor is essentially assigned to help manage the deceased’s affairs/estate after he or she passes away. The executor may be your lawyer, or alternatively your children, among others. Sometimes, a will-maker appoints co-executors - e.g. two siblings - to determine how the will-maker’s estate ought to be handled. Unfortunately, this can lead to significant challenges once the will-maker passes because the co-executors disagree in how to manage the deceased will-maker’s estate.

It is best to appoint 1 or 3 executors which permits unilateral or majority decision making when it comes to management of the deceased’s Estate.

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Vic Singh Maan Vic Singh Maan

Breast Augmentation: the BCSC interprets the Protection of Public Participation Act.

Google review: NOTHING WAS SUGGESTED in regards of a ‘different approach.’ The only advice I rejected of Peterson’s, is when I took Dr. Valniceks suggestion making one implant 30cc bigger, again I am so thankful I did not take Peterson's misguided advice or my breasts would still not be symmetrical like they are today
.

Also I have spoken to a number of people with similar experiences after my review went viral. Peterson constantly tries to take down my review and publicly bully me. I’d suggest taking note of the ‘5-star’ reviews all similar praise with Peterson being their own review. Why is it there is not one negative? If you write any other word then breast he has leverage to take down your post. Awareness. Don’t learn the painful way. My website has detailed pictures of his work.

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Personal Injury, ICBC Vic Singh Maan Personal Injury, ICBC Vic Singh Maan

ICBC wins lottery; denies liability (*until 2 days before trial).

A Mediation, for example, is an expensive process. Mediators regularly charge approximately $500.00 per hour which does not include the cost of the room rental, and transcribers/court reporters. Despite this, ICBC attends meretriciously: with no intentions of settling. At the same time, one must ask: why wouldn’t they abuse the system like this? They have, quite honestly, just hit the lottery with the inception of no fault insurance which promises them years and years of profits north of a billion dollars. And, as we all know, they are the only game in town; they have zero competition. Must be nice, right?

They dictate and take as they please.

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The Law on Powers of Attorney & Rep. Agreements

The recent case of Putman v Putman, 2021 BCSC 1700, discussed the Power of Attorney Act and Representation Agreement Act and the applicable law to the aforementioned legal instruments. In this case, the petitioner, David Putman, and the respondent, Linda Putman, were brother and sister; they were jointly appointed as attorneys pursuant to an enduring power of attorney granted by their mother, Margaret Putman. The respondent has also been appointed as Margaret’s representative pursuant to a representation agreement made pursuant to s. 9 of the Representation Agreement Act, R.S.B.C. 1996, c. 405 (the “RA Act”). The two siblings were unable to agree as to the appropriate medical treatment for their mother and likely more so, how best to deal with valuable real estate owned by their mother; alas, another case where finances get in the middle of sibling relationships.

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