Lack of consent, or possibly fraud, for not using a condom and an end to spousal support payments when an ex-wife doesn’t become self sufficient after 26 years

  Does failing to use a condom result in a lack of consent, or constitute fraud? In a recent decision, the Court of Appeal split three ways on how failing to use a condom should be analyzed. The case they were dealing with involved two people who had only met in person on one occasion […]

Public health legislation with only 2 people in hospital on Vancouver Island with COVID-19, an etiquette guide for video court, and landlord’s liability for oil thrown on a fire

  Vancouver Island, population 870,000, only has 2 people in hospital with COVID-19, as of May 7, and a total of 18 people who have been identified with the virus, who have not recovered, according to the BC Centre for Disease Control. In this context, the Public Health Act and the Emergency Program Act are […]

$500,000 bet on rock, paper, scissors ruled invalid by Quebec Court of Appeal, latest for BC Courts dealing with COVID-19, and a replacement judge decides a family law case

  In 2011 two men in Quebec wagered $517,000 on a best-of-three rock, paper, scissors game. The man the lost took out a mortgage on his home to pay the debt but was successful in having the gambling contract, and mortgage set aside. In Quebec, private contractual disputes are deal with pursuant to the Civil […]

Court of Appeal is now back thanks to Zoom and instilling fear of COVID-19 from other parent not in best interests of a child

  The BC Court of Appeal will be back operating at full capacity thanks to Zoom. After several weeks of dealing only with urgent matters, the BC Court of Appeal has announced that all oral hearings will proceed using Zoom. All material will be filed electronically. A desire to have an oral argument in person, […]

Child custody for front line medical workers and other urgent COVID-19 family law issues

  Should custody arrangements be modified where one parent is a nurse working with patients who may be infected with COVID-19? In child custody cases, the core principle is always what’s in the best interest of the child. A recent BC court decision set out factors to be considered when assessing a child’s best interest […]

Rent Distress Act needs a COVID-19 update, BC Court explains why only urgent cases, and releasing people from jail

  The Rent Distress Act governs the seizure of property by commercial landlords for the non-payment of rent. Its provisions are utilized in cases, including a recent court decision concerning the seizure and sale of a pizza oven, by a landlord in Tofino. Unfortunately, in the context of the COVID-19 pandemic, the act is hopelessly […]

Judge urges delay in driving prohibition for single mother due to COVID-19 and Quebec police stopping cars from Ontario

  A single mother, who lives in a rural area 20 minutes from the nearest grocery store and pharmacy, was prohibited from driving by the BC Superintendent of Motor Vehicles as a result of two distracted driving tickets she received last year. On an appeal to the BC Supreme Court, a judge agreed with the […]

Bill C-13 – The Federal COVID-19 legislation as well as a dangerous congregation of homeless people in Victoria

  Bill C-13: a federal act respecting certain measures in response to COVID-19, has now received royal assent. Several elements of this legislation are discussed on the show. Bill C-13 created the Emergency Response Benefits Act. This act will provide a monthly payment of $2,000 to people out of work. One important element of the […]

BC courts respond to COVID-19 and emergency measures legislation both federal and provincial

  Both the BC Provincial Court, and BC Supreme Court have adjourned all, but the most urgent cases, scheduled from now until early May. Urgent cases, that will proceed, include in-custody bail hearing, in custody criminal trial, and urgent cases including child protection, house evictions, refusal of treatment and end of life matters, orders under […]

No sick leave required by BC legislation, liability limited for a home inspection, and no municipal liability for a slip and fall on ice

  BC is the only province in Canada where employers are not required to provide any sick leave. While various other forms of leave are required by the Employment Standards Act, including unpaid leave to care for seriously ill or injured family members, sick leave is not required. Various other recent amendments to the Employment […]