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by Dylan Segal Background Section 60 of British Columbia’s Wills, Estates and Succession Act, [SBC 2009] Chapter 13 (the “Act”) gives legal entitlement to a will-maker’s ‘spouse’ to apply to vary that will-maker’s will. A potential claimant may wish to pursue such claim if he or she has been left out of a will entirely, or left an amount perceived to…

by Or Regev Securing a new job is an exciting milestone, particularly when Vancouver’s soaring living costs make you toss and turn at night. It may be so exciting that you forgot to give that employment contract you signed a second thought, or perhaps you weren’t really sure what to look for in the first place. The reality is, for…

Hobbs Giroday today announced the launch of their new podcast series, The Hobbs Giroday Podcast. New episodes will be released every two weeks. The podcasts are hosted by lawyers from the firm. The podcast series will explore and explain various aspects of the law, particularly in the areas of wills and estates, estate litigation, negligence law, creditor’s remedies, director’s liability…

by Dylan Segal Section 60 of British Columbia’s Wills, Estates and Succession Act, [SBC 2009] Chapter 13 gives entitlement to a will-maker’s ‘spouse’ or ‘child’ to apply to vary that will-maker’s will. A potential claimant may wish to pursue such claim if he or she has been left out of a will entirely, or left an amount perceived to be…

by Ian Giroday There are numerous possible reasons why a person who is, or is entitled to become, a personal representative of a deceased person’s estate should not be appointed as such or should be removed and replaced. This article sets out some common scenarios where a person could be passed over as a personal representative (where they have not…

by Or Regev The loss of a loved one is a difficult experience fraught with grief. This reality can become even more challenging when an issue arises regarding the distribution of a loved one’s estate. Consider the following case: In Cowper-Smith v Morgan (2017), the deceased, Elizabeth, had three children, Gloria, Max and Nathan. Gloria and Max had understood, prior…

by David Hobbs The law in British Columbia changed with S. 58 of the Wills, Estates and Succession Act to provide the Court with statutory power to cure deficiencies in people making, revoking, altering and reviving wills even though the person did not comply with all formal legal requirements to do so. S. 58 broadly defines what may constitute a…

Or Regev has joined Hobbs Giroday as an articling student.  Or is a graduate of Thompson Rivers University.  You can read more about him here.

By Dylan Segal If a loved one has died, you may or may not be included in the will. If you have been included, but are surprised or disappointed with your gift, or you have been excluded entirely, and you are either a child (biological or adopted) or spouse of the will maker, then under the laws of British Columbia,…

Mr. Herod’s lawyer prepared for him a draft will in 2015. The terms of the 2015 Will materially changed the distribution of Mr. Herod’s estate from the distribution in his 2014 Will. Mr. Herod and his lawyer went back and forth on the phone about making arrangements to have the 2015 Will signed. The lawyer told Mr. Herod that a…

By David Hobbs Shareholders have various possible sources of legal rights. Statutory duties of the corporation, officers and directors owed to shareholders are one source. The duty of directors is generally owed to the corporation and, in proper circumstances, may lawfully conflict with and override the interests of shareholders. The bylaws of the corporation are another source. Shareholders may also…

By David Hobbs Shareholder agreements are usually entered into by all the shareholders, though not always. The agreement is usually in writing and signed by the shareholders. Shareholder agreements vary from corporation to corporation as to their terms but, usually deal with certain basic issues as discussed below. Shareholders who sign shareholder agreements restricting or assuming the powers of directors…

By David Hobbs The share structure of a corporation is established by the terms of the corporation’s articles. The structure may change after incorporation by appropriate resolution of the shareholders and other implementation steps. Articles are required to specify classes of shares and the maximum number of shares the corporation is authorized to issue. In some instances the maximum is…

Hobbs Giroday is looking for an opportunity to create opportunities. Our growing firm is looking for an entrepreneurial minded lawyer interested in being part of a quality boutique litigation and commercial law firm operating out of first class premises in downtown Vancouver. The ideal candidate would possess the following qualities: a team player who enjoys the collegiality of working closely…

By David Hobbs The word “corporation” derives from the Latin term “corpus” meaning body. Roman law recognized a range of corporate entities. Churches and local governments incorporated to exist in perpetuity (indefinitely). Some say the oldest commercial corporation is Stora Kopparberg mining community in Falun, Sweden who obtained its corporate status by charter granted by King Magnus Eriksson in 1347.…

As of Oct 24, 2016  you'll find us at our new offices in downtown Vancouver at the corner of Georgia and Thurlow. Our new address is: #950 - 1090 West Georgia Vancouver BC  V6E 3V7 All our phone numbers and other contact information  remain the same.   Add our new location to your address book. Scan the QR code with your…

by Dylan Segal British Columbia’s Wills, Estates and Succession Act (“WESA”) came into force in B.C. on March 31, 2014. WESA is an amalgamation and revitalization of prior estate related statutes. WESA contains many provisions which did not previously exist in the statutes it replaced, effectively changing the legal landscape of estate law in British Columbia.

Hobbs Giroday's practice focuses on Estate Litigation and Probate matters. We have posted a series of new videos answering "Frequently Asked Questions". Partners David Hobbs and Ian Giroday answer some of the most common question they have received over the years. Visit the FAQ page for a list of current videos. More videos will be added in weeks to come.…

David and Kathy Hobbs successfully completed their bike trip across BC.   They left June 6, 2015  riding their road bikes from Jasper, Alberta in the Rockies to B.C.'s coastal town of Prince Rupert.    Read about their journey on this page.

Video recorded June 23, 2015. Lawyers David Hobbs and Ian Giroday discuss Probate and Estate Administration. Topics covered include: who is entitled to apply duties of a personal representative early considerations assets passing outside the estate probate application documents time to obtain grant of probate or administration notice of dispute filed effect of filing Notice of Dispute httpv://youtu.be/mBrd3g98Dr4 You can…

Hobbs Giroday conduct community lectures to provide information about various areas of the law.  These are free to attend and are advertised in local papers as well as on the Hobbs Giroday website. Here is a video of a community lecture by lawyers David Hobbs and Ian Giroday on the topic of  Wills and Estate Disputes.  This was recorded April…

We've posted two new videos. The first is an introduction to our firm, with lawyers David Hobbs and Ian Girody.  You can read more about our firm, and see the video is here. The second is an overview of Estate Litigation.  Find out more about Estate Litigation, and see the video here.    

By Ian Giroday One of the most common fact patterns we see in our wills variation practice is a disinheritance or unfavourable treatment of an adult child in a will on the basis of an estrangement from their will- making parent. In fact, we often see a written explanation by the will maker, sometimes directly in the will and sometimes…

You can see a video of this community lecture here. Join David Hobbs and Ian Giroday on April 21, 2015, when they will be hosting a Community Lecture on Estate Disputes.  There is no charge to attend. Topics include: Wills variation Validity of wills Problem executors Date: April 21, 2015 Time: 7-8:30pm Location: Dunbar Community Centre, Room 202, 4747 Dunbar…

By David Hobbs Subject to some exceptions, the Wills Estates and Succession Act (“WESA”) came into effect on March 31, 2014. WESA resulted in the repeal of prior wills and estates legislation, on a transitional basis including; Estate Administration Act and Supplement thereto); Probate Recognition Act; Wills Act; and Wills Variation Act. WESA has transitional provisions which define in what…

Originally broadcast 1 Feb 2014. Lawyers David Hobbs and Ian Giroday discuss estate planning to avoid change claims reduce probate fees. httpvp://www.youtube.com/playlist?list=PLFFhIJGr6Gs8ZztX1BsJ682oAM0gbVcKH

by David Hobbs WESA comes into force in B.C. on March 31, 2014. The origins of WESA exist in a desire to modernize the succession law, reduce the number of wills and estates statutes and create new administration procedures for small estates. WESA repeals: Estate Administration Act; Probate Recognition Act; Wills Act; and Wills Variation Act. WESA sets out a…

Originally broadcast 29 December 2013 Lawyers David Hobbs and Ian Giroday discuss Estate Planning Tools to Defeat Wills Variation Claimants httpvp://www.youtube.com/playlist?list=PLFFhIJGr6Gs9cj9i2DiAyh0UCZG1iChrB

Originally broadcast 3 November 2013. Lawyers David Hobbs and Ian Giroday discuss Competency and Incompetency issues. httpvp://www.youtube.com/playlist?list=PLFFhIJGr6Gs_32qqfN8L2-SPBIcp2FPsf

Originally broadcast 6 October 2013. Lawyers David Hobbs and Ian Giroday discuss Persons Under Disability. httpvp://www.youtube.com/playlist?list=PLFFhIJGr6Gs_FZIZPcC-80rsm5E5iMwZw

Originally broadcast 8 September 2013. Lawyers David Hobbs and Ian Giroday discuss Executors and Administrators. httpvp://www.youtube.com/playlist?list=PLFFhIJGr6Gs8b2K2Yz3zZs1eESd6_rfqq P

Originally broadcast 14 July 2013 Lawyers David Hobbs and Ian Giroday discuss Estate Disputes. httpvp://www.youtube.com/playlist?list=PLFFhIJGr6Gs-zvhltx-bWpPjZzFc0T-7a

The power of attorney is the instrument that sets out the appointment and authority of the attorney. The person who appoints the attorney is referred to as the grantor and signs the power of attorney. The grantee signs signifying acceptance of the appointment. The attorney's authority may be revoked or terminated by operation of law. If an attorney is acting…

In an earlier article, we introduced the Supreme Court of Canada decision Tataryn v. Tataryn Estate (1994) as the most important case for understanding the legal principles that apply to British Columbia wills variation claims. We ended off by referencing that Courts’ identification of two obligations that have significance in considering a wills variation claim, namely, legal obligations and moral…

In 1994, the Supreme Court of Canada, the highest and most important court in Canada for establishing legal principles, decided on appeal the British Columbia wills variation case Tataryn v. Tataryn Estate. At the outset of its Reasons for Judgment in Tataryn, the Supreme Court of Canada notes that the law is unsettled as to precisely what considerations should govern…

In deciding whether or not to accept the role of executor, you must understand that your duties will include: (1) seeking a grant of probate from the Supreme Court of British Columbia for the purpose of proving the last Will and your appointment as executor; (2) ascertaining and taking possession or other control of the deceased's assets; (3) paying the…

Originally broadcast 19 May 2013 Lawyers David Hobbs and Ian Giroday discuss Estate Disputes. httpvp://www.youtube.com/playlist?list=PLFFhIJGr6Gs_Rpk6z6mUMfEJLCIdLlRxT

The Common European Sales Law (CESL) emerged from its 10 year gestation with the adoption of an Explanatory Memorandum and draft Regulation published by the European Commission in October, 2011. In the Commission’s view, the CESL would create an optional sales contract law to run in parallel with existing national laws, as a second contract law regime, for use in…

Originally broadcast 21 April 2013 The first in a series of programs with lawyers David Hobbs and Ian Giroday. httpvp://www.youtube.com/playlist?list=PLFFhIJGr6Gs_spFIHk3Ev9i9uIWkPfMUq

A registered shareholder of common voting shares is legally entitled to notice of shareholder meetings, an opportunity to vote in person or by proxy and his or her proportionate share of the capital if the company is liquidated. A shareholder may also have other expectations as a matter of equitable right which were formed when the shareholder decided to purchase…

The British Columbia Law Institute ("BCLI") is currently undertaking an examination of judge-made laws that are used in legal cases to determine whether a person has the mental capacity to enter into certain relationships or carry out certain transactions. Principles or tests set out by judges in deciding the cases before them are known as the "common law." The common…

In order to make a valid will, a testator must have testamentary capacity. This is a minimum level of mental acuity sufficient to appreciate the nature and effect of the act of making the will. The components of the legal test applied to determine whether a testator had testamentary capacity at the time a will was made is set out…

Testamentary capacity, suspicious circumstances, knowledge and approval, undue influence and fraud have an interrelationship in legal analysis of facts surrounding the making of a will. A party seeking to uphold a will has the burden to prove that the will was duly executed and is the product of a free minded and capable testator.

Unjust enrichment law is important to lawyers in Vancouver, B.C. practicing creditor’s remedies and business disputes law.  To succeed in an unjust enrichment claim, the plaintiff must prove three elements: (1) that the defendant was enriched; (2) that the plaintiff suffered a corresponding deprivation; and (3) the absence of a juristic reason for the enrichment (Rathwell v. Rathwell, [1978] 2…

If you suffer a personal injury due to another person’s negligence and want to make an ICBC claim for disability benefits, you should be aware of the rules regarding entitlement to such benefits. The basic rule with respect to whether a person is entitled to disability benefits from ICBC following a motor vehicle accident is set out in s.80(1) of…

In his ground-breaking book Unjust Enrichment, the great English scholar Peter Birks introduces his subject by pointing to its mercurial development in the common law: “Of the subjects which form the indispensable foundation of private law, unjust enrichment is the only one to have evaded the great rationalization achieved since the middle of the 19th century… It’s fragments, obscurely named,…

Upon suffering a personal injury due to another’s negligence, a person’s life is often impacted in a variety of ways, both tangible and intangible. The law of damages attempts to undo these wrongful effects by restoring the plaintiff to his pre-accident condition (to the extent that a money award can do so).

As regulator of most activities in modern society, negligence is the most important field of tort liability (Canadian Tort Law, by Allen Linden, 2001, pg 101) (“Linden”) and includes claims related to medical malpractice, personal injury, product liability and professional negligence. There are several elements that lawyers in Vancouver B.C. must satisfy in order to succeed in a negligence action. …

In Clements v. Clements 2012 SCC 32 ("Clements"), the Supreme Court of Canada ("SCC" or the "Court") dealt with the issue of causation in negligence actions.  More specifically, the Court set out the criteria for determining when the material contribution test may be substituted for the usual "but for" test of causation. The Clements litigation involved a personal injury claim. …

Continued from Causation in Negligence (Part 1) Clements is significant for a number of reasons. First, and most obviously, Clements clarifies the law with respect to the application of the material contribution test in substitution for the "but for" test in negligence cases. Second, the decision reaffirms the "but for" test as a factual inquiry, in which "scientific evidence of…

Subject relevant to: Probate Lawyers and Trust Litigation: Trusts, with ancient roots tracing back to the Middle Ages, are used ubiquitously in modern life for both personal and business purposes.  Yet regardless of its purposes, the trust rests upon the relationship, based on property, between two persons: the trustee who controls the property and the beneficiary who enjoys the property…

Negligence is the most important tort, and includes claims involving medical malpractice, personal injury, product liability and professional negligence. A cause of action in negligence has multiple elements which must be proved in order for the action to succeed. Each of these elements functions to limit the scope of liability, separating those acts that will give rise to liability from…

This article provides a brief introduction to secured transactions and attachment. Knowledge of secured transactions is integral to the practice of commercial law and attachment is a concept central to secured transactions. A secured transaction is an arrangement whereby a creditor obtains an interest in property owned by a debtor that the creditor may use to satisfy the debtor’s obligation…

There will be a new and important statute governing estate disputes and trust litigation that will be essential reading for lawyers in Vancouver, B.C.: the Wills, Estates and Succession Act, S.B.C. 2009, c.13 (“WESA”). The WESA will be a new British Columbia statute that will repeal the Estate Administration Act, R.S.B.C. 1996, c.122, the Probate Recognition Act, R.S. B.C. 1996,…

Introduction The topic of this article is concurrent liability for pre-contractual misrepresentation made between contracting parties. It is not uncommon for negligent misrepresentations to be made by parties in a contractual relationship with one another. The legal analysis of such misrepresentations depends on whether the misrepresentations were made prior to, or after, the execution of the contract. This article, as…

This article describes when British Columbia courts will recognize and enforce a foreign (i.e. non-B.C.) judgment. The first step is to determine whether the foreign judgment is from a reciprocating jurisdiction. A judgment obtained in a reciprocating jurisdiction will be enforceable in B.C. upon registration, in the B.C. Supreme Court, of a certified copy of that judgment. In North America,…

In BCE Inc. v. 1976 Debentureholders, the Supreme Court of Canada clarified, to some extent, the laws governing change of control transactions in a corporate setting. The deal underlying the litigation was a proposed $51.7 billion privatization of BCE Inc. that was opposed by debenture holders. The debentureholders opposed the deal because it would result in the downgrading of Bell…

One would think there are enough risks being a director of a private or public BC company but, here’s one more you need to be aware of - Workers Compensation Act. Most directors will be aware of WorkSafeBC and legislation whereby workers and employers do not sue each other regarding injuries occurring in the workplace. Premiums are paid by employers…

Judgments from reciprocating states may be recognized in B.C. under the Court Order Enforcement Act (“COEA”), the Canada – United Kingdom Convention for the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters (“Convention”) and the Supreme Court Rules (‘Rules of Court”). “Judgment” is defined separately for the purposes of Part 2 of COEA and for the purposes…

A person may be entitled to benefits payable by ICBC. These benefits are commonly called “No Fault Benefits” because the benefits are payable if the requirements of the Regulations are satisfied. The requirements are set out in Part 7 of the Regulations made under the Insurance (Vehicle) Act. Part 7 provides for payment of medical, rehabilitation, and disability benefits. In…

When a person is injured in a motor vehicle accident that is not their fault, they are entitled to certain damages from the driver at fault.  It is usually the at fault driver’s insurance company (ICBC for B.C. drivers) that pays the damages.  The damages are either agreed to by way of settlement or awarded by a court if a…

One of the most common types of estate litigation in British Columbia is a wills variation action. By the Wills Variation Act, despite any law to the contrary, if a person (the “testator”) dies leaving a will that does not, in the court’s opinion, make adequate provision for the testator’s spouse or children, the court may, in an action by…

Garnishment is a legal procedure to cause money owed to a debtor by a third party to be paid into Court. The third party is called the “garnishee” and is often the debtor’s employer or a financial institution that holds money on deposit for the debtor. A creditor obtains a “garnishing order” from the Court. The garnishment process is set…

In a medical malpractice lawsuit a person claims that a healthcare provider has caused injury by providing care below the required standard. Other issues such as defective medical devices may also arise. While doctors are often defendants in malpractice lawsuits, suits may include pharmacists, dentists, hospitals, hospital staff, technicians and other alternative healthcare practitioners such as chiropractors. All healthcare providers…

Many people open or transfer existing bank accounts into joint names with one or more of their children as an estate planning tool. The idea is that the surviving joint owner of the account, which is more likely than not to be the child, will assume full ownership of the account upon the death of the other joint owner by…

Examination for Discovery (E. for D.) is a procedure whereby each party is examined under oath before a Court Reporter by the opposing counsel. The Court Reporter transcribes the testimony. Usually present are the Court Reporter, the examining counsel, the person being examined and his/her counsel. The Purpose of an E. for D. is, generally speaking, two fold: To obtain…

An estate is one’s rights in real and personal property. Testators leave their estates in the hands of executors and trustees pursuant to the terms of a will. The will instructs the executor as to how to administer the estate. Estate litigation often involves disputes surrounding the administration of estates, either by a will or without a will (intestacy). Dependants…

David Hobbs successfully argued in Supreme Court on the matter of Tri Phi vs Monachese that the value of a minority shareholder’s share was based on more than the valuator’s opinion evidence. In addition, to the valuations, additonal types of evidence were considered by the court resulitng in a better outcome for the client. Read more.