Mr. Bergman attempted to give evidence about a number of different issues. The plaintiffs objected on the basis that there was no affidavit evidence filed and they had no notice of the evidence that Mr. Bergman was giving. I advised Mr. Bergman a number of times that it was not fair and not in accordance with proper procedure for him to simply “tell his story” without putting before the Court sworn evidence which was served on the plaintiffs. I note that a self-represented litigant should be given some leeway but they must still comply with the Supreme Court Civil Rules, B.C. Reg. 168/2009 [Rules]. As our Court of Appeal has noted, “self-represented litigants do not have ‘some kind of special status’ that allows them to ignore rules of procedure”: 0927613 B.C. Ltd. v. 0941187 B.C. Ltd., 2015 BCCA 457 at para. 64. The Statement of Principles on Self-Represented Litigants and Accused Persons, (Ottawa: Canadian Judicial Council, 2006) “imposes an obligation on self-represented parties to be respectful and familiarize themselves with the relevant practices and procedures of the court process”: 0927613 B.C. Ltd. at para. 65

Port Moody native, Kent Johnson drafted to the NHL going 5th overall to the Columbus Blue Jackets!

The PPPA was a legislative response to what have been referred to as strategic lawsuits against public participation (“SLAPPs”). SLAPPs are lawsuits initiated against individuals or organizations that speak out or take a position on issues of public interest—with the intention being to silence or otherwise deter that party from participating in public affairs. To mitigate SLAPPs harmful effects, Ontario, British Columbia, and Quebec have enacted laws commonly referred to as anti-SLAPP legislation.

Product: Neutrogena Beach Defense and Ultra Sheer sunscreens, for adults and children, in aerosol spray format.

Issue: Johnson & Johnson Inc. is recalling all lots of Beach Defense and Ultra Sheer aerosol spray sunscreens due to elevated levels of benzene, which may pose serious health risks after long-term, repeated use.

What to do: Stop using the recalled products. Consult a health care professional if you have used any of these products and have health concerns. Continue using other sunscreen as directed on the product label.

Mr. Justice Edleman, as he is required to do, balanced the interests of the testator and the children and varied the will. The Trial Judge stated as follows:

I am…of the view that a somewhat greater gift to Rose and Samsun is warranted given the clear intentions of Mrs. Tom. I will therefore order specific gifts of $300,000 to each of Rose and Samsun (or Samsun’s estate). The remainder of the estate is to be divided equally between the five siblings or their estates. In my view, this variation strikes the appropriate balance between Mrs. Tom’s clear intent to recognize the role of Samsun and Rose in her final years while meeting her moral obligations to her other children.

Appeal allowed and the Notice of Contention dismissed.

The application judge erred in finding that testator’s liberty interests were engaged by the provisions of the TFMA. The Lawens, as public interest litigants, did not put any evidence before the application judge which would have allowed him to determine that the liberty interests were engaged and, alternatively, even if they were engaged, whether they were in accordance with the fundamental principles of justice.

As the baby boomer generation slowly and sadly passes, unfortunately, they are uncertain about what to do with their family home; particular issues arise when they to leave (or more appropriately, “bequeath”), the family home to some, but not all, of their children.

In this instance, the home owner has a number of options. This article focuses the two most frequent options utilized: joint tenancy and deed of gift.

In a recent Wills & Estate Litigation case: McCulloch v Nociar, 2021 BCSC 1328, the Defendant applied to send the Plaintiff to an independent medical examination (“IME”) with respect to her “alleged allergies, disabilities, and other medical conditions which she alleges requires her to live in specialty housing, in particular a suite (the “Suite”) on property in Surrey, B.C. (the “Property”) owned by the applicant, and to allow access to that Suite to Total Safety Services Inc. to report on the character and conditions which establish it as specialty housing”.

BREAKING NEWS: Plaintiff ordered to an IME in a Wills & Estates Litigation case.

Undue Influence is a legal doctrine to prevent elder individuals from being taken advantage of by others; most often, their children or spouses.

The deceased in this case had six children and left no will; she had passed away in 2015. Three years prior to her death, at the age of 81, the deceased purchased a home with her youngest child (“Brad”) naming him as a Joint Tenant; Brad did not contribute any monies to the purchase of the home yet was named as a Joint Tenant. As Madam Justice D. MacDonald described: “Brad and [the Deceased] had an unconventional mother/son relationship. He spent almost every day with [the Deceased] from 2002 until her death in 2015. After they moved to the Sunshine Coast, Brad was [the Deceased’s] only companion. She had little contact with her other children after they moved.

“If Mr. X arrives at a pub at around 12:40 a.m. and leaves at or about the 2 a.m. closing time after being served “four beers and four or five shots” and then gets in his car to drive home, could the pub be found to be contributorily negligent if a collision ensued causing injury?”

This was the main question posed by Mr. Justice Funt in Garisto v Goudie, 2021 BCSC 1257 (CanLII).

Hailing from the City of Port Coquitlam, Staff Sgt. Mander excelled in leadership at Terry Fox Secondary School graduating with a 4.0 GPA and as the Captain of the senior boys’ basketball team. Thereafter, Staff Sgt. Mander starred for the Simon Fraser University’s Mens’ Basketball Team (the only NCAA Division 2 team in Canada), as a four-year scholarship player.

TRI-CITY LEGAL’s, Vic S. Maan interviewed by prominent and national legal publication, Canadian Lawyer Magazine, due to this experience and expertise.