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Archive for the ‘Counsel Notes’ Category

What Is A "Reasonable Offer to Settle" - Kostecki v. Li, 2015 BCSC 1356
August 4, 2015

What Is A “Reasonable Offer to Settle” – Kostecki v. Li, 2015 BCSC 1356

Reasons today from Mr. Justice Schultes to deal with costs following a trial where the plaintiff was awarded $49,000. The plaintiff had made two formal offers to settle, the first for $45,000 and the second for $30,000, and was seeking double costs. When considering whether to award a successful plaintiff double costs or deny an…

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Road Maintenance Claims -- Kelly v. Perth (County)
September 17, 2014

Road Maintenance Claims — Kelly v. Perth (County)

We frequently act in claims where individuals have suffered injuries as a result of terrible road conditions.  Particularly in this country with our weather conditions, perfection in road maintenance is not the standard but the responsible parties must exercise reasonable care in the performance of their duties. The consequences of the failure to do so…

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Are You of Good Enough Character and Repute to be a Lawyer?
September 9, 2014

Are You of Good Enough Character and Repute to be a Lawyer?

All lawyers have had to proceed through an interview with a Law Society bencher to determine that they are of sufficient good character and repute to become a lawyer.  For most, this is a rubber stamp.  For those with checkered pasts, it can become an issue and require a full Law Society hearing. In a…

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Fire Insurance: If Your Tenant Contributes To Insurance, Buy Insurance

If a landlord collects contributions to fire insurance from tenants as part of the lease agreement, the expectation is that fire insurance will be purchased. In reasons released last week, Giddings Holdings Ltd. v. High, 2014 BCSC 1658, an unfortunate landlord failed to insure his building despite the lease including a proportionate contribution by the tenants to…

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Information provided in our blog posts is not intended to be legal advice.

The outcome of every legal proceeding will vary according to the facts and unique circumstances in each individual case. References to successful case results where the lawyers at Murphy Battista LLP have acted for clients are not necessarily a guarantee or indicative of future results.