Hoogbruin Lawyer in Vancouver Shares How to Safeguard Your Property Against Substandard Home Renovations
Home renovations can transform a space, but they also carry potential risks that homeowners often overlook. The rise of DIY projects and unlicensed contractors has led to an increase in substandard work, leaving many homeowners vulnerable to costly mistakes and repairs. Understanding how to safeguard your property from poor workmanship is essential in ensuring that your...
Five Causes of Property Line Conflicts and How Real Estate Litigation Lawyer in Vancouver Can Help
Property line disputes can strain even the most cordial relationships between neighbours. These disagreements over boundary lines often lead to legal battles, creating stress and uncertainty for property owners. Understanding the causes of such conflicts can help prevent them or manage them effectively with the help of a skilled Real Estate Litigation Lawyer in Vancouver at...
3 Common Commercial Lease Renewal Disputes and How a Vancouver Commercial Litigation Lawyer can help
Understanding the common disputes in commercial lease renewals is crucial for both landlords and tenants who want to ensure that the terms of the new lease align with their current and future business needs. Unlike residential leases, commercial leases have a significant impact on the day-to-day operations of a business, and any discord can result in financial strain or...
Protect your Year-End Property Transactions with Hoogbruin Real Estate Lawyer in Vancouver
As the year draws to a close, understanding the nuances of year-end property transactions is essential for anyone looking to buy or sell real estate. These transactions are not just a simple exchange of property but come with several tax implications and potential deductions to consider.
Hoogbruin real estate litigation lawyer can provide the legal help & guidance to...
Vancouver Commercial Litigation Lawyer Shares Common Mistakes Businesses Make in Breach of Contract Cases
Navigating the legal landscape of contract disputes can be daunting, and businesses often stumble into common traps that heighten their vulnerability. From inadequate documentation to misunderstandings about legal remedies, these mistakes can have dire consequences if not addressed promptly. Recognizing these pitfalls is the first step toward safeguarding your...
Don’t Let Title Disputes Disrupt Your Property Ownership – Consult Vancouver Real Estate Lawyer
Property ownership is often seen as a symbol of stability and security, yet it can be fraught with legal complexities. Title disputes can emerge unexpectedly, leading to confusion and financial strain for property owners.
Title disputes can arise from various factors, including:
unclear property lines
inheritance issues
multiple parties claim ownership
miscommunication...
Vancouver Real Estate Litigation Lawyer for Zoning Disputes in Real Estate
Zoning laws have a significant impact on real estate transactions in Vancouver. As a property owner, it is crucial to understand these laws to avoid potential legal disputes that can arise from violations or disputes related to zoning regulations.
Understand Zoning Laws: Key Considerations for Property Owners
To ensure a successful transaction, sellers must prioritize...
Resolve Shared Facility Challenges: Tips from a Strata Litigation Lawyer in Vancouver
Strata disputes often arise from misunderstandings or disagreements about the interpretation of strata bylaws, which are the rules that individual strata communities adopt to maintain order within the property. Knowing when and how to engage in legal proceedings can be critical for resolving conflicts.
Hoogbruin’s experienced litigation lawyers in Vancouver specialized in...
How Hoogbruin’s Strata Litigation Lawyer in Vancouver can assist with Privacy Disputes
In any strata development, privacy issues can arise and lead to disputes between strata owners, tenants, and the strata corporation. These disputes can range from minor disagreements over noise disturbances or shared property usage to more serious concerns such as invasions of personal privacy.
Hoogbruin’s litigation lawyers play a crucial role in helping our clients...
Legal Consequences for Frustrated Contracts shared by Real Estate Litigation Lawyer in Vancouver
A deal or contract said to be frustrated where clauses and legal consequences intertwine in the unforeseeable aftermath of disrupted agreements.
A frustrated contract in real estate arises when an external event, beyond the control of any party involved, fundamentally disrupts the terms of a real estate transaction. This disruption must be so severe that it renders the...
Key Considerations for Business Owners regarding Commercial Real Estate by Vancouver’s Litigation Lawyer
When it comes to commercial real estate litigation, sellers and buyers need to be aware of the specific challenges and complexities associated with this area of law. Understanding these unique aspects is crucial for effectively navigating the legal landscape.
Commercial real estate litigation involves legal disputes related to properties used for business purposes. These...
Navigating Real Estate Transactions in Vancouver: How a Litigation Lawyer Helps
Buying or selling property in Vancouver can be a complex undertaking, fraught with potential challenges and legal pitfalls. Whether you’re a buyer or a seller, it’s essential to be aware of the significant problems that can arise during these transactions. In this blog post, we explore common issues buyers and sellers face in Vancouver’s real estate...
How a Strata Litigation Lawyer in Vancouver Effectively Resolves Disputes?
What is strata litigation and how can a strata litigation lawyer help?
Strata litigation can be a complex and contentious process. It can involve conflicts between strata corporations and individual owners within a shared property. In Vancouver, having a knowledgeable and experienced strata litigation lawyer is essential for navigating the legal issues that often arise in...
Apply Due Diligence to Vancouver Real Estate Investments
When it comes to real estate investments, there is a lot at stake. Whether you are considering purchasing a pre-sale property in Vancouver or entering into a commercial tenancy agreement, it is crucial to approach these transactions with due diligence. Understanding the advantages, risks, and legal aspects associated with these investments can help you make informed...
Homebuyer Risks of Pre-sale Contracts in Vancouver’s Real Estate Market
Pitfalls await early investors and homebuyers ready to sign pre-sale contracts. This post is the second in a 2-part series on pre-sales in Vancouver by real estate litigation lawyer, Arsen Krekovic. Buyers may encounter risks that may lead to disputes in their real estate contracts which may need resolution through legal remedies or even court action. Find out and be...
Potential and Pitfalls of Pre-Sale Real Estate Purchases in Vancouver
In this 2-part series real estate litigation lawyer, Arsen Krekovic shares insights on both the advantages and the risks of pre-sales in Vancouver’s bustling real estate market. The opportunities attached to properties that are available for purchase before they are even constructed offer a myriad of benefits that can be enticing for those seeking to secure their...
Commercial Tenancy and Quiet Enjoyment: More on Protecting Tenant Rights
Quiet enjoyment is a fundamental right of tenants in both residential and commercial tenancy agreements. It safeguards tenants’ ability to peacefully and reasonably enjoy their rented space without unnecessary disruptions. Hoogbruin & Co’s real estate litigation expert, Arsen Krekovic, explains that the term “quiet” may imply noise-related concerns but...
Quiet Enjoyment: Arsen Krekovic’s Insights on BC Commercial Lease Rights
Commercial lease cases have grown in Arsen Krekovic’s real estate litigation practice. The commercial tenant’s right to quiet enjoyment and when to seek legal counsel is discussed in today’s post. The uptick in commercial lease concerns and issues is primarily driven by redevelopment initiatives. The push through social change to increase housing is one driver of this...
Proactive and Protected: Vancouver Real Estate Market Buyers & Sellers
In Vancouver’s unique real estate market, both buyers and sellers can take several proactive steps to protect themselves from potential pitfalls and legal issues. The elements of the market that contribute to the pitfalls were outlined by real estate litigation lawyer in the previous post which can be found here
What sellers and buyers do to protect their real estate...
Vancouvers Real Estate Market’s Unique Conditions: Pitfalls and Solutions
Vancouver’s real estate market stands out in several ways compared to other residential and commercial markets in Canada and globally. In this post, we look at eight distinct characteristics of the market that may influence property values, demand-supply dynamics, and the legal intricacies involved in real estate transactions. Real estate litigation lawyer, Arsen...
Tips for Buyers and Sellers as Vancouver’s Real Estate Market Rebounds in 2024
As the year comes to a close, Vancouver’s real estate market continues its dynamic shifts, impacting both buyers and sellers. Understanding market trends and dispute resolution methods can be instrumental in making informed decisions and safeguarding interests in property transactions.
Market Trends to Watch
For Homebuyers
Understanding Fluctuations: Dive into the...
When Getting Legal Advice for Real Estate Transactions is Recommended
“There are common scenarios where buyers of real estate in Vancouver and sellers of property are advised to seek counsel from an experienced real estate litigation lawyer,” says Arsen Krekovic with the law firm Hoogbruin & Company. “Usually, they are situations where complex matters arise in the transactions and are beyond the expertise of the parties to the transaction...
Must Know Info on Contract Amendments in Real Estate Transactions in BC
“The responsibility of a real estate litigation lawyer”, says Vancouver real estate legal specialist, Arsen Krekovic, “is to guide our clients through various aspects of real estate transactions. Contract amendments is one topic that arises.” In this post, we address some common questions and concerns related to amending a real estate deal. While this post shares...
Risks of Revoking an Offer to Purchase a Real Estate Property in BC
Real estate litigation lawyer, Arsen Krekovic talks in this post about the implications and potential liabilities in BC associated with revoking an offer to purchase real estate. Navigating the process of revocation carefully for clients involved in a real estate transaction follows. Krekovic covers essential elements that include communication, dealing with the potential...
Do Seasonal Factors Affect Your Need for Real Estate Litigation?
Both buyers and sellers of real estate property in Canada, may find that there are seasonal factors that influence transactions. Be aware of and avoid potential real estate litigation. The fall season brings its own unique set of considerations when it comes to real estate transactions. Read on to be aware of these factors, so that as a buyer or a seller, you can minimize...
Pre-Sale Protection for Buyers in Vancouver’s Real Estate Property Market
In Vancouver’s real estate market, pre-construction property purchases carry a special type of protection for buyers, according to real estate litigation lawyer, Arsen Krekovic. An example is the buyer who purchased a property at a presentation centre years earlier. They may be facing a significantly different mortgage rate in the present than when they put their deposit...
Homebuyer ‘Due Diligence’ and Real Estate Litigation in Vancouver’s Market
Homebuyers who do their ‘due diligence’ and investigate the property they plan to buy for potential problems can save themselves a great deal of trouble and cost fixing them after they’ve moved in. The process of ‘doing your homework’ can also help confirm that you still want to buy the property. Arsen Krekovic, real estate litigation lawyer with Hoogbruin & Co.,...
Are home inspections useful for legal purposes? Vancouver Real Estate Litigation Lawyer Answers
Throughout BC’s dynamic market, home buyer’s inspections are carried out during a real estate transaction for the purchaser’s assurance. Might they also be valuable for legal purposes? This service, however, does not replace a proper consultation with a real estate litigation lawyer if you have concerns either before the deal goes through or while it is in process. As the...
Vancouver Real Estate Litigation Lawyer Cautions: Do Not Overlook the Property Disclosure Statement
What is a property disclosure statement and why should a home buyer assess them?
Hoogbruin & Co.’s real estate litigation lawyer, Arsen Krekovic, explains what property disclosures are and how they impact home buyers in BC’s busy real estate market.
Sellers have a legal obligation to disclose any known material defects related to the property being sold. We should...
When to Call a Real Estate Litigation Lawyer in Vancouver?
Who can you call as a buyer or seller when things go wrong in a real estate transaction, after the fact? In today’s post, Vancouver real estate litigation lawyer, Arsen Krekovic, lists those professionals both buyers and sellers can call on for help. Included are the instances when that call should go to a litigation lawyer experienced in finding resolutions or if need be,...
Vancouver Couple Hopes to Avoid Pitfalls in Real Estate Property Sale
Home sellers in any real estate market hope for the best outcome in the sale of their residential property. Vancouver’s bustling market is no exception but for the recent downturns and volatility which raise concerns over pitfalls. One family chose to compile a checklist based on their research, to avoid pitfalls and was prepared to know when they might need to take the...
Pitfalls for Sellers in Vancouver’s Summer Real Estate Sales Season
Summer real estate sales hold special issues and advantages for residential property sellers according to real estate litigation lawyer, Arsen Krekovic at Hoogbruin & Co in Vancouver. “There are lots of variables to consider and some of these add stress and urgency to transactions. This might result in hurried decisions, overlooked details or missteps that would then...
Vancouver Real Estate Litigation Lawyer Advises on Boundary Disputes
Settling in for a season of enjoyment in your vacation property or city home? Expect disruptions to your peace of mind if you find yourself in a boundary dispute involving your residential property. Real estate litigation lawyer, Arsen Krekovic of Hoogbruin & Co. has some precautions and remedies for you if issues seem to be rising concerning boundaries on real estate...
Fallout from Vancouver Land Ownership Disputes Can Be Far Ranging
Land ownership is just one of the disputes resolved by Arsen Krekovic, real estate litigation lawyer for buyers and sellers in British Columbia. With the rise in the residential property values in the Vancouver area real estate market, it is advisable to consult at Hoogbruin & Company and benefit from professionals who know how to navigate the complex terrain of land...
When Pre-Sale Real Estate Properties Go Wrong after Buyer’s Possession
Imagine that you found your dream home. You saw your future in the plans of a pre-sale opportunity to buy into a new housing development or new ‘ground-up’ condominium. You may have seen a fully furnished and impeccably staged display unit that was just perfect and then ‘things happened.’ Between the time you paid your deposit and signed the papers to purchase and waited to...
Creative Home Buyers Beware as BC Real Estate Recovers Slowly
According to the British Columbia Real Estate Association (BCREA) Chief Economist Brendon Ogmundson, “The BC housing market is currently characterized by slow sales but also still very low levels of listings.”
Real estate litigation a possibility for buyers rushing into real estate purchases
For home buyers, this means keeping a keen eye on the market and also being...
Sustainable Real Estate Property Transactions Avoid Construction Defects and Litigation
Earth Day month brings to mind renovation and construction projects for many BC real estate property owners. They may aim for sustainability as they install improvements and upgrade the places we reside in or work and recreate. In today’s post, real estate litigation lawyer Arsen Krekovic offers tips on dealing with construction defects that may occur in the process of...
Pitfalls in Property Purchase? Consult a Real Estate Lawyer Now
Your search for just the right real estate property can be navigated to success with a good real estate agent when you look for your dream home or a great development opportunity. When it’s near the time to complete agreements, a real estate lawyer may be the person you need to steer you correctly around difficult or costly decisions. As an experienced real estate...
Zoning and Land Use + Proper Paperwork Reminder ahead of Tax Deadlines
Zoning Issues on BC Residential Property and Tax Declaration Deadlines
Use of the residential real estate property you buy or sell, or property you plan to develop may be complicated by zoning issues. Zoning disputes that arise, may require the help of a litigation lawyer with real estate experience such as Arsen Krekovic of Hoogbruin & Company. Reduce complications...
Land Ownership Disputes Resolved by Hoogbruin & Company in Vancouver
Land ownership disputes on real estate property occur in any region of the lower Mainland of British Columbia. Disputes can arise when two or more parties claim ownership of a particular property. In Vancouver, land ownership disputes can be particularly contentious due to the high value of real estate in the area. Arsen Krekovic, a lawyer at Hoogbruin & Company,...
Foreign Buyer Act Restricts Residential Real Estate Buying to Canadians
A new piece of legislation for Canadian home buyers has reverberated through media outlets around the world. It is a ban that applies to “residential property”, says real estate litigation lawyer, Arsen Krekovic, with Hoogbruin & Company in Vancouver, BC. He adds that it is clearly defined in The Prohibition on the Purchase of Residential Property by Non-Canadians Act....
Vancouver’s Hoogbruin & Company Talks Empty Homes Tax
Are you a resident with property in British Columbia, who might also travel often to other locations for work, or who enjoys living abroad for multiple months in a year? Then the Empty Homes Tax may impact you. Also known as the Vacancy Tax, this property tax carries specific rules and responsibilities that real estate lawyer, Arsen Krekovic at Vancouver’s Hoogbruin &...
Top Issues Resolved by Hoogbruin’s Experienced Real Estate Litigation Lawyers
“It is yet to be seen what impact the newest legislation for the real estate market in BC will have,” notes Arsen Krekovic, real estate litigation specialist at Hoogbruin & Company. One of these is that homebuyers now have the added protection of a three-day cooling-off period which came into effect January 1, 2023. While buyers of residential property now have this...
Litigation Lawyers Protect Home Buyers and Sellers in 2023 Real Estate Market
Shifts in the BC real estate market may affect the success of interactions between home buyers and home sellers. This is confirmed by the British Columbia Real Estate Association (BCREA). Residential sales have declined somewhat from the record highs seen in 2021. They are expected to fall further in 2023, perhaps by as much as 11%. However, real estate litigation...
Real Estate Lawyer Notes Pre-Sale Risks and Rewards
In Vancouver’s sometimes sizzling real estate market a pre-sale may be the right opportunity for a first time homebuyer or an investor. A presale secures a property offered by a developer before it is built or completed. Prices may be rising so the purchase of a home that is not move-in ready can be lucrative and can happen before or during construction. While it can be a...
Enhanced Consumer Protection for BC Homebuyers News at Hoogbruin & Company
What does the new legislation mean for residential home sellers and buyers? Arsen Krekovic, real estate litigation specialist at Hoogbruin & Company explains, “Homebuyers now have the added protection of a three-day cooling-off period. This comes into effect on January 1, 2023 and enables residential property buyers, who may have felt pressured to make a “no subjects”...
Can Home Sellers Sue for Damages if a Contract is Breached?
In a recent post on market conditions affecting home sellers in BC’s residential real estate seeing far fewer transactions than expected. In addition, the possibility of deals collapsing was noted. One of the two critical impacts that can arise is the matter of “When is a Deposit a Deposit”. The other is whether a seller can sue for damages. The two options are...
Home Sellers and Deposits in BC’s Current Real Estate Market
Home sellers in BC’s residential real estate are seeing far fewer transactions than expected in this often enviably dynamic market. Even near year’s end, motivated buyers have typically still looked to purchase their dream homes. Yet, times have changed. Today’s post covers how deals can collapse. Let’s first look briefly at changes in real estate sales amidst the desire...
Selling a Property? Here’s How Real Estate Lawyers Can Help
Is it time to harvest the effort and time you’ve put into your home property? Or time to reap the growth in the residential real estate property you invested in and are now selling so someone else can own their own home? In Vancouver’s season of home sales, you’d be wise to engage an experienced real estate litigation lawyer such as Arsen Krekovic at Hoogbruin &...
Buying a Home? Here’s How a Real Estate Lawyer Helps
The season of thankfulness is sweetest as you enjoy it in the comforts of your own home. Vancouver’s real estate litigation lawyer, Arsen Krekovic of Hoogbruin & Company has helped home buyers secure their homes with confidence in their real estate transactions. Some have overcome the early challenges of finding a home, working out the terms and conditions and financing...
Patent and Latent Defects in BC Real Estate Law
There are two categories of problems you must know about that can affect any real estate transaction. They carry with them obligations for both the buyer of a real estate property or the seller of one. One is totally your responsibility, the other you can and should get legal help with advises Arsen Krekovic, in Vancouver with the law firm Hoogbruin & Company. He...
Don’t Let a Construction Lien Ruin Your Real Estate Dreams
You may not associate consulting a real estate lawyer with fall’s full arrival. Yet, if you either currently own a residential property or wish to buy into Vancouver’s or BC’s Lower Mainland, you may want legal counsel who specializes in real estate law. Fall is the time as a homeowner you may decide to renovate for greater comfort in your home as winter approaches. Or, you...
Homeowners Turn to Real Estate Litigation Lawyers on Discovering Problems After Purchase
Home buyers who purchase a real estate property with no conditions may find themselves with problems they only discover after moving in or taking legal possession of their new home. The practice of bidding with no conditions on the seller are more prevalent in the current highly competitive market. To resolve their issues buyers seek help from experienced real estate...
What Happens If a Property You Bought Is Damaged Before Closing?
What to do if you find there is damage to the dream home you’re about to close on? Or that perfect commercial property – just before you close the real estate transaction? You may need the help of experienced litigation counsel. Real estate litigator, Arsen Krekovic of Vancouver’s Hoogbruin & Company explains: Parties may be in doubt as to the steps they need to take in...
Understanding Anticipatory Breach, a Cause of Real Estate Litigation
Contracts set down in writing constitute an agreement between two parties. When one party offers to provide goods or services, and the other party agrees, a contract formalizes the understanding. Contracts cover a variety of subject matter and types of agreements. Contracts of sale, for example, govern the rules for acquisition of property in exchange for payment. Breaches...
3 Most Common Causes of Real Estate Litigation
Being sued for allegedly failing to fulfill legal and/or professional responsibilities can be traumatic, time consuming and consequently, expensive. Legal proceedings involving relatively straightforward legal issues can morph into protracted and strenuous battles if not properly addressed from the beginning. Speaking to a lawyer before things take a contentious turn can...
Misrepresentation in Real Estate Transactions: Part 2
In the course of real estate transactions, fraudulent misrepresentations can cause serious losses or damages. It’s a situation that real estate litigators at the Vancouver law firm, Hoogbruin & Company, say can quickly become complex and costly and would benefit from a review by qualified real estate lawyers.
For a representation to be fraudulent, the person making it...
Misrepresentation in Real Estate Transactions: Part 1
Misrepresentation in real estate transactions can take one of three forms, and the real estate litigation lawyers at Hoogbruin & Company have seen them all. The law firm, is located in downtown Vancouver and serves BC and the Lower Mainland and has assisted both buyers and sellers through the many types of ‘breaches in contract’ possible in the residential and...
How to Identify Elder Abuse?
Care and love of family and close friends is always in season. There are noteworthy days in our common calendars such as Mother’s Day, anniversaries, Fathers’ Day and weddings that make us especially aware of our connections to loved ones and their life conditions. Especially, if they are not living with us. If you have an elder family member or loved one who relies on the...
Do You Need a Lawyer to Resolve a Land Ownership Dispute?
Land ownership disputes are very common and they can get ugly fast. This is because a land ownership dispute infringes on the way a person is allowed to enjoy the property that they live on, and when two parties have differing views on how this should be done, the dispute often turns to litigation.
If you are dealing with a land ownership dispute and require legal...
Taking Your Strata Dispute to the Civil Resolution Tribunal
Do you have an issue with your strata corporation or with another tenant/owner living in your strata building? If you are dealing with a strata dispute and are unable to resolve it either informally or through a strata council hearing, you may be able to take your case to the Civil Resolution Tribunal.
Get in touch with Hoogbruin & Company to speak with a lawyer today!...
How to Sell Your Strata Unit When Your Strata Alleges You Owe Money
Are you hoping to sell your condo but not sure how to proceed because your strata insists that you owe them money? In order to sell your strata unit when the strata alleges that you owe money, you must dispute the strata’s claim and come to a resolution before you can easily sell the unit. There are a few paths you can try in order to solve your dispute regarding the...
Who is at Fault for Your Slip-and-Fall Accident?
Who is at Fault for Your Slip-and-Fall Accident?
With the arrival of winter comes snowy, icy weather and a higher risk of slip-and-fall injuries. Here’s what you need to know.
Talk to a Lawyer Today
Common Causes of Slip-and-Fall Accidents
Slip-and-fall accidents are especially common during winter, when snow, ice, and rain cause slippery, slick surfaces that are easy to...
How Does Disinheritance Work?
How Does Disinheritance Work?
Many people are unclear on whether or not disinheritance is legal. In British Columbia, a person may disinherit their adult children in their will, but the Wills Variation Act makes it possible for children to dispute the will and potentially have it changed. However, in some cases the disinheritance is considered valid and the child or...
One For The Road: Social Host Liability In B.C.
One For The Road: Social Host Liability In B.C.
Planning on having a party or celebration? Serving alcohol at the event? This may be a good time to make sure that you are fully aware of your legal responsibilities as a host with guests that may be intoxicated and engaging in risky behaviour.
Is a Host Liable for What Happens to Guests After They Leave?
The answer is not a...
Wrongful Death: What is a Life Worth?
Wrongful Death: What is a Life Worth?
In wrongful death cases, such as when someone dies due to medical malpractice or nursing home abuse, family members of the deceased can take legal action and receive financial compensation for various damages including loss of income, pain and suffering, and medical costs. Here is what you need to know about how to litigate for...
Compensation for Sports and Recreation Injuries
Compensation for Sports and Recreation Injuries
Wondering how compensation works for sports and recreation injuries? Depending on the nature of the case, the injured party may or may not be eligible for compensation.
If you are injured while participating in a recreational activity or sport and the injury is received in the regular course of playing the game, you are not...
My Long-Term Disability Claim was Denied: What Now?
If you have received a denial letter after applying for a long-term disability claim, it can be difficult to know what to do next. Disability claim denials are quite common, and you have a few options when it comes to pursuing an appeal.
Internal Long-Term Disability Appeal
An internal appeal is essentially a request that the insurance company look over your claim again...
Understanding a Developer’s Disclosure Statement
When you are looking to buy a home from a developer, they are obligated to provide you with a disclosure statement, which can be long, complex, and tough to understand. Here’s what you need to know.
What is a Property Disclosure Statement?
A property disclosure statement is a statement issued from a seller to a buyer which explicitly outlines information about the property...
How Does the Wills Variation Act Work?
Whether you are drafting your own will or dealing with the death of a loved one, it is important to have a good understanding of B.C.’s Wills Variation Act.
What is the Wills Variation Act?
The Wills Variation Act is an act in British Columbia law that is intended to protect dependents of a deceased person from financial abandonment. The Wills Variation Act allows the...
What is a Breach of Duty in Real Estate?
A real estate agent has multiple duties that they are legally obligated to carry out. If they breach these duties, they can be subject to legal action from their clients. The following is a brief outline of the fiduciary duties that a real estate agent is obligated to perform, and what failure to perform these duties looks like.
Duty of Confidentiality
A real estate agent...
Landlord Renovations and Redevelopments: A Commercial Tenant’s Rights
A landlord may wish to sell a leased premises, or the property in which they are contained, unfettered by an existing lease. The landlord’s motivation may alternatively relate to a proposed new tenant. In some cases, extensive renovations are required to be made, either to satisfy the needs of another existing or proposed tenant, or to bring a building up-to-date, in...
Seller’s Remorse in BC Real Estate – Can a Seller Back Out?
What do you do if you experience seller’s remorse after making a real estate deal? Can you back out? The answer is dependent on your individual circumstances.
Book Your Consultation
When Can a Seller Terminate a Contract?
There are many reasons why a seller may come to regret their decision after signing a contract to sell their property, such as rethinking the price,...
My Real Estate Agent is Negligent – What Can I Do?
If you have made a real estate transaction or are in the process of making a real estate transaction with the help of a real estate agent, and you feel that you have been mistreated, it could be that your real estate agent is negligent.
Speak to a Lawyer Today
What is Real Estate Agent Negligence?
Negligence can come in a variety of forms in this context, such as a...
Land Owner Transparency Act and Existing Land Owners: Disclosure by November 30, 2021
In order to counteract money laundering in the province, the British Columbia government has enacted the Land Owner Transparency Act (LOTA), a statute that requires mandatory disclosure regarding beneficial ownership of land within the Province.
Who Has to Disclose?
In accordance with LOTA, all registered owners of land in British Columbia as of November 30, 2020...
Property Misrepresentation: What if the Seller Misrepresented the Condition of the Property?
The law in British Columbia is that a seller and a listing realtor have a duty to disclose known material latent defects, but not patent defects. A “patent defect” is one which might not be observable on a casual inspection but may nonetheless have been discoverable upon a reasonable inspection by a qualified person. A “latent defect” is one that is not discoverable by a...
I Was Injured in a Car Accident in 2020: Will ICBC Compensate Me For My Injuries?
ICBC Minor Injury Caps
In 2019, ICBC implemented a cap for the amount of pain and suffering compensation available to be paid out to those who have sustained minor injuries in a road accident. For those who were injured in an accident from April 1st, 2019 to March 31st, 2020 the maximum amount is $5,500. For those injured from April 1st, 2020 to March 31st, 2021 the cap is...
ICBC Says My Injuries are Minor: What are My Rights?
If you have incurred an injury that has been life changing for you, you most likely think of it as anything but minor. However, ICBC may not agree with you. If you have sustained an injury in a road accident, it is important to have a good understanding of how ICBC deems an injury minor or not and what your rights are if you disagree with ICBC’s categorization of your...
Commercial Tenancy and Quiet Enjoyment
What is Quiet Enjoyment?
Quiet enjoyment is a basic right of any residential or commercial tenancy agreement (lease), that protects tenants’ rights to be able to enjoy their space in quiet without unreasonable disturbances. Although the covenant employs the word “quiet”, it is about much more than noise. It is an assurance against any substantial interference by the...
Loss of Housekeeping Capacity: Your Work in the Home Matters
Often, in personal injury cases, the injured party not only loses their ability to work, but also loses their housekeeping capacity either on a short-term or long-term basis. Being unable to do domestic tasks for oneself, such as cooking, housecleaning, and childcare, is a serious inconvenience and hiring outside help for these tasks gets expensive. In personal...
CRT Says Retroactive Fines Improper: Shen v The Owners, Strata Plan LMS 970, 2020 BCCRT 953.
In order to understand the nuances of how retroactive fines work and when they may be deemed improper, we can look to the example of a recent case, Shen v The Owners, Strata Plan LMS 970, 2020 BCCRT 953. In this case, the Civil Resolution Tribunal (CRT) found that retroactive fines were not proper in this particular instance due to the strata’s failure to properly notify...
Bicycle Safety Precautions for Commuters
As the warmer spring weather arrives, many people are choosing to swap their regular commute for cycling. Cycling is a great way to get outside, get more exercise, and avoid rush hour traffic, but it can also be very dangerous. In Canada, an average of 7,500 people are injured while cycling each year. In order to decrease the risk of a cycling accident, take the following...
Disclosure Obligations in Residential Real Estate Transactions: What You Need to Know
Buyer Beware
Many people know that the doctrine caveat emptor, which means “let the buyer beware,” is applicable to real estate transactions. This means that, for the most part, it is the purchaser’s responsibility to identify any issues with a given property by having it properly inspected and inquiring about the condition of the property/structure that they are buying....
How Specific Performance can Remedy a Breach of a Contract of Purchase & Sale
What is a Contract of Purchase and Sale?
When one party sells a piece of real estate to another party, they enter into a Contract of Purchase and Sale, commonly known as a CPS. This is a contract that stipulates what is required of both parties in order to complete the transaction. If these requirements are not met, the CPS is considered breached and the sale does not go...
What to Do if Your Long-Term Disability Claim is Denied
Even the most carefully prepared long-term disability (LTD) claims can be denied by insurance providers. LTD insurance companies profit more from denying claims than accepting them, so they will do everything they can to deny claims when possible.
If you have a disability and your LTD claim is denied, it can be detrimental to you. Many people with disabilities depend on...
Injured in a Car Accident? Wondering What Treatments are Covered by ICBC?
As discussed before, when you are involved in a car accident in B.C., you may have as many as three distinct legal claims: a claim for Part 7 benefits, a claim for vehicle damage, and a tort claim against a negligent driver. By default, those latter two claims are only available if someone else was at fault in causing the accident.
But ICBC Part 7 benefits are the no-fault...
Dog Bite Claims
Dog bites are traumatic experiences. Not only can victims acquire lasting injuries and disfiguring scars, but they can also develop a fear of dogs. These conditions can leave victims with pain, debilitating anxiety, and shame.
Who is at Fault?
You may be able to file a claim against the dog’s owner if a dog has injured you. However, in most cases, you must show the dog was...
Backing Out of a Real Estate Deal
A flurry of residential real estate activity erupted over the last several years in B.C., resulting in competing offers, bidding wars and, often, astronomical prices. Fearing home prices would continue to escalate, eventually pricing them out of the market, many buyers jumped in, often presenting offers above asking and without conditions. Some buyers end up running into...
Schoolyard Accidents
Schools are supposed to be safe for our children. Most school administrators and teachers are hardworking and conscientious, and most children have nothing but great memories of their schools and teachers. But sometimes terrible things happen at schools. Preventable injuries. Avoidable attacks. Faulty equipment.
Parents trust schools to protect their children. Schools...
Personal Liability of a Director: are You at Risk?
A limited company is considered a “person” under Canadian law. As such, it is complete with its own legal right to do such things as enter into contracts, own assets, is subject to taxes, etc. A company is responsible for debts or liabilities it incurs in its operations. If, over time, the company incurs more debts that it can deal with and is unable to pay, it may...
Exclusion of Liability Clauses: Ski-Hill Lift Tickets and Negligence Exclusion
It is typical for visitors of a ski resort to be required to sign a waiver excluding the resort from liability before being allowed to hit the hill. These waivers generally state that the person signing the waiver understands the risks involved in snowboarding and skiing and takes responsibility for their own potential liability. If a visitor does not sign the waiver, they...
Has Someone Refused to Pay You? Getting Results in Small Claims Court
Understanding Small Claims Court
Small claims court is used to settle cases worth $35,000 or less (not including interest or expenses that the claimant is entitled to). Because of the relatively low financial stakes of the cases, small claims court procedures are less complicated than those of the supreme court. If you are considering taking someone to small claims court,...
Crashes and Winter Driving Conditions
Heavy rain, snow, and black ice make the roads particularly dangerous during the winter, resulting in a higher risk for a serious accident. Even the most experienced, skilled driver can easily find themselves in an accident in winter road conditions, but there are a number of things that you can watch for in order to reduce your risk.
Book Consultation
Winter Road Accident...
Filing and Removing a Certificate of Pending Litigation
What is a Certificate of Pending Litigation?
The purpose of a Certificate of Pending Litigation, or CPL, is to notify parties to a claim as well as the general public, that a specific property is subject to legal proceedings. It is an effective way to preserve property until a judgement can be rendered.
A CPL effectively ties up the land and puts pressure on the owner to...
How to Reduce the Risk of Slip-and-Fall Injuries | Hoogbruin & Company
As winter arrives, the cold weather brings with it hazards that significantly increase our risk of personal injury due to icy conditions, poor visibility, and a lack of precautions.These injuries can be serious! Winter fall-related injuries include not just bruises and sprains, but also more serious injuries, such as spinal cord damage and traumatic brain injuries.
The...
Long-Term Expenses After Personal Injury, and What You Need to Know About Part 7 Benefits
After being in a road accident, you have two primary options for filing an ICBC accident claim. The first option is a no-fault or Part 7 claim, also commonly referred to as “no-fault benefits.” ICBC is required to pay out Part 7 benefits no matter who is at fault in an accident, however ICBC has recently made some changes to Part 7 benefits policy that complicate matters....
The Rights and Duties of Cyclists in Designated Bike Lanes
When riding, a cyclist is expected to obey the same laws as other road users. In the event that there is a designated bike lane, cyclists are obligated to use this dedicated space.
“Using a Bike Lane Properly”
Cyclists must confine themselves to dedicated bike lanes when available, and vehicles must yield to cyclists when they need to traverse a bike lane in order to make...
The Enforceability of Oral Contracts
Many people wonder about the validity of a verbal contract that is not documented on paper. Oral agreements are technically legally valid contracts. A contract is considered legally valid no matter what form it takes as long as it meets the following criteria:
A Contract Must Include Essential Terms
This means that the contract must clearly outline exactly what is being...
What to Do if Your Child is Hurt in a Car Accident
Children under the age of 19 cannot submit a personal injury claim for themselves. However, a parent or guardian can act as a litigation guardian and file a personal injury claim on behalf of a child. Here is what to do if your child was hurt due to a car accident.
Talk to a Lawyer Today
Document Their Injuries
Take photos of injuries and note down your child’s symptoms...
Lower Mainland Breach of Contract Lawyers
Every time you lease a car, sign up for cell phone service, or engage the services of a tradesperson, you are entering into a contract. A contract is a legally recognized agreement made between two or more people (called “the parties”). When a party to a contract violates the agreement by failing to adhere to the terms of the agreement, this is called a “breach.” A “breach...
Dooring, the Dutch Reach, and Bicycle Safety
Dooring and Bicycle Safety
“Dooring” is the act of opening the door of a parked car into the path of cyclists and other traffic when it is not safe to do so. This is a major risk to cyclists, who are commonly injured by running into car doors that are unexpectedly opened into the road. In an effort to promote bicycle safety, the government of BC has quadrupled the fine for...
How Personal Injury and Mental Health are Linked
Physical injury doesn’t just lead to physical pain and hardship, it also commonly causes a decline in mental health. There are many reasons for this and mental distress due to personal injury can manifest in many different ways, including:
Depression
PTSD
Driving avoidance
Panic attacks
Talk to a Lawyer Today
Here is a brief summary of how physical injury affects mental...
How a Concussion Affects Your Life (and Tips to Cope)
After experiencing a concussion, your life is impacted in many more ways than just the physical recovery process. Here are the most common ways that a concussion can affect your life.
Talk to a Lawyer Today
Depression
Depression is very common for people to experience after a concussion or other traumatic brain injury. In fact, approximately 50% of people with a traumatic...
Common Causes of Car Accidents in British Columbia
Distracted Driving
Focusing on distractions such as texting or talking on a cellphone inevitably takes away from your focus on the road. As a result, many road accidents are caused by distracted driving. Make it a rule to keep your phone on silent and out of reach when you are driving, and if you urgently need to make contact with someone, pull over safely and use your...
Signs That You Might Have a Brain Injury
One of the most common injuries caused by a road accident is a traumatic brain injury (TBI). Many people suffer from concussions and other TBIs for a long time and find that their day-to-day lives are negatively impacted in a myriad of ways.
If you have been in an accident that resulted in a traumatic brain injury, you may be eligible for compensation for your suffering....
Safe Bicycle Commuting Tips
In the wake of the global pandemic, many people are looking for ways to avoid crowded public transportation and are looking to the bicycle as their new go-to way to get around. Cycling is a great, environmentally-friendly, socially distancing way to get to where you need to go, but it can also lead to road accidents. Here are some tips to make sure that you are as safe as...
Tips for Dealing with Your Insurance Company After an Accident
Be Mindful of What You Say
Your insurance company may pressure you to make a recorded statement right away, but do not do so without a lawyer present. Consult with an experienced personal injury lawyer first to determine the best way to go about giving a statement. It is easy to accidentally use language that can be used against you later, even if you do not think you...
The Facts on Bicycle Share Programs and Accidents
Vancouver is a very cyclist-friendly city with more and more bike lanes and bicycle share programs available. These share programs are convenient and allow people to pick up bikes all over the city and ride them to wherever they need to go.
When you are using a bicycle share program, you are assuming responsibility for operating the bicycle and acknowledging that you...
What You Need to Know About Scooter Accidents
Due to the lack of protection to the driver of a motorized scooter or moped, accidents involving these vehicles often result in severe injury. Renting motorized scooters has become a more and more popular way to explore a city, which means that many people driving these vehicles are not scooter owners and may not have a lot of experience operating them safely.
Scooter...
What to Ask Your Personal Injury Lawyer
Sometimes it is difficult to know what to ask your prospective lawyer during the initial consultation. It is a good idea to have a list of questions that you want to ask, so that you don’t forget to get any relevant information during the meeting. Here is a list of important questions to ask any personal injury lawyer before hiring them.
What is Your Experience with...
How to Choose a Personal Injury Lawyer
It can be difficult to know how to go about choosing a personal injury lawyer when you need one. Follow these steps before making your decision to ensure that you pick a lawyer who is right for your case.
Speak with a Lawyer Now
Read Reviews
Do your research before deciding on your personal injury lawyer. Get recommendations from friends and family and search for reviews...
How Dangerous are Motorcycles?
Motorcycle accidents, though not necessarily more frequent than other types of accidents, are more likely to result in serious injury or death. According to the federal government, there were 1,841 motor vehicle accident fatalities in 2017. Of these fatalities, 53.5% were drivers of light-duty vehicles or commercial vehicles. Motorcyclists made up 10.4% of these...
Car Accidents and Post-Traumatic Stress Disorder
Post-traumatic stress disorder or PTSD, is a very common mental health problem suffered by people who have been involved in a car accident. This disorder can negatively impact every aspect of your life and if you are experiencing any symptoms of PTSD, it is important to seek professional help.
Contact Us
Common signs of PTSD
If you are experiencing any of these symptoms...
I’ve Been in a Hit and Run–Now What?
If you were in your car when it was hit, seek medical attention right away. Even if you think your injuries are very minor, it is important to have them checked out in case it is something more severe than you think and it is essential to have everything documented by a medical professional.
Get Witness Reports
Talk to witnesses if you can, ask them what they saw happen,...
What Happens After You Submit a Claim to ICBC?
Making an ICBC Claim
In order to submit a claim for compensation to ICBC, you must report details of the accident to them within 30 days of when it occurred. Within 90 days of the accident, you will need to fill out and submit an accident benefits claim which includes a detailed list of your injuries and symptoms.
What Happens After You Submit Your Claim?
ICBC...
How Do I Value My ICBC Claim?
There are a number of factors that must be considered when valuing an ICBC claim. It can be difficult to sort out all of the expenses you incur due to an injury, and some aspects, such as personal suffering, are subjective and complicated to ascribe monetary value to. Here is a brief overview of what should be taken into account in valuing an ICBC claim.
Factors that you...
Steps to Follow After a Car Accident
Safety First
Immediately after a car accident, do everything you can to ensure the safety of yourself and anyone else involved in the accident. If possible, pull your car over to a safe area and call 911 if anyone is hurt or trapped in their vehicle.
Exchange Information
Exchange information with anyone else involved in the accident. This should include drivers’ license...
Our Response to Coronavirus
During this challenging time, we understand that many people are confused, stressed, and unsure of what happens next, so we want to share what impact the Coronavirus pandemic is having on the legal system in British Columbia and on our firm specifically. Here is what you can expect from the courts and from us here at Hoogbruin and Company during these challenging times....
What to Do if You’re in an Accident Involving a Car-Share Service
Evo, Modo, Zipcar and other car-share services are becoming more and more popular in Vancouver. These services allow people who don’t own their own cars to hop in a shared car, drive it where they need to go, and leave it when they’re ready to leave it. Car-share services offer people the conveniences of having access to a car without any of the downsides, such as paying...
How to Avoid Distracted Driving
Distracted driving is a major cause of accidents, injuries, and deaths in Canada. It is against the law and puts yourself, your passengers, and others at risk. Unfortunately, we live in a world full of distractions and sometimes it can be hard to remain focused. Here are some tips to keep you alert, safe, and responsible on the road.
Distracted Driving Prevention Tips
Get...
Tips for Self Care After a Traumatic Brain Injury
If you are recovering from a traumatic brain injury (TBI) such as a concussion, you need to focus on self care now more than ever. There are a number of things you can do to help speed along the healing process.
First and foremost, if you think you may have a brain injury, go to a healthcare provider to get diagnosed, make follow-up appointments, and follow all of your...
What You Need to Know About Distracted Walking
If you are focusing on your phone while walking–whether that means texting, reading email, playing games, watching videos, or listening to music, you are more likely to be involved in a pedestrian accident.
Is Distracted Walking Illegal?
There are no laws against distracted walking here in Vancouver, but it is a very serious issue that should not be ignored....
ICBC Injury Claim Fast Facts
Procedure for Making a Claim
The procedure for ICBC claims can be overwhelming and stressful, particularly when you are already dealing with the physical and emotional turmoil of a road accident. Here are some important things to keep in mind if you are injured in an accident.
Important Steps to Take After an Accident:
Get names and contact info of any witnesses.
Take...
The Link Between Chronic Pain and Depression
Chronic pain following an injury can affect your entire life. In addition to potentially changing the way your body moves and feels, it can have a major impact on your mental wellbeing as well and is commonly linked with mood disorders like depression and anxiety.
Depression is very common in those suffering from chronic pain. In fact, those who have chronic pain are three...
Why You Should Go to a Lawyer for Help with Your ICBC Claim
Simplify the Process
You have enough on your mind as it is without having to worry about things like paperwork and dealing with ICBC. A personal injury lawyer will fully understand the claims process and know the best way for you to proceed. Let a lawyer do the heavy lifting so that you can focus your energy on what’s most important–your recovery!
A Lawyer Can...
Coping with Missing Work Due to Injury
Missing work due to injury is, of course, difficult financially if you are missing out on income, but it also often takes a toll on mental health. Our work gives us structure and a sense of purpose and without these things it is very easy to fall into depression. The longer you are away from your job, the more likely you are to find yourself experiencing issues such as...
Steps to Follow After a Bicycle Accident
If you are a cyclist, it is important to be aware of what to do if you are ever in an accident. If you get into an accident, you may be eligible for compensation for medical bills, lost wages, and pain and suffering. Being in an accident can be an overwhelming and difficult circumstance and knowing what to do is not always clear in the moment, which is why we have put...
What to Do if a Concussion Impacts Your Work
Concussions can affect general function, memory, and mood, which makes working many jobs difficult or impossible. Concussions vary greatly in terms of severity and time it takes to heal and, if not properly treated, the after-effects can be life altering. It is essential to take proper care of yourself if you have sustained a concussion.
Do You Have a Concussion?
You may...
Everything You Should Know About 2019’s ICBC Changes
As of April 1st, 2019, a number of changes have been made to ICBC’s regulations around compensation for injuries. The following is a brief summary of the main changes made in 2019 and what they could mean for you.
New Cap on Pain and Suffering Payout for Minor Injuries
If your injury is deemed minor, the cap for pain and suffering compensation you are entitled to is now...
What to Do if You Get Hurt Slipping on Ice
Slipping on ice and falling can result in a number of mild to severe injuries, the most common of which are:
Hip injury
Concussion/traumatic brain injury
Fractures
Bruises
Spinal cord injuries
Back injuries
Broken bones
If you have sustained a slip-and-fall injury of any kind, you may be entitled to compensation. It is important to follow the proper procedure after your...
Don’t Let Social Media Hurt Your Personal Injury Claim
It may seem like a harmless thing, but social media can have a large, negative impact on a personal injury case. Social media posts can complicate and draw out your case at best and render it null at worst, so it is important to be aware of exactly what risks you are taking if you choose to post anything.
Insurance adjusters can–and often do–use social media as...
8 Winter Cycling Safety Tips
8 Winter Cycling Safety Tips
Just because winter is here doesn’t mean you have to put away the bicycle for the whole season. It does, however, mean that you need to take extra safety precautions to accommodate for slippery conditions and reduced visibility.
Reduce Tire Pressure
Let a little bit of air out of your tires. A tire with slightly less air in it will provide...
Signs You May Be Experiencing PTSD After an Accident
Signs You May Be Experiencing PTSD After an Accident
Post-Traumatic Stress Disorder (PTSD) is a common psychiatric disorder that arises after a person has experienced a traumatic event. Car accidents are the most common cause of PTSD.
PTSD symptoms can begin immediately after an accident or can take quite a bit of time to kick in-sometimes the shock takes days or weeks to...
POST CRASH CHECKLIST
Post Crash Checklist
If you are involved in a crash consider the following initial steps:
Ensure that the vehicle has come to a complete stop, the engine is turned off, and the parking brake is on.
Determine whether you or the other occupants of the vehicle are injured.
If you or the other occupants of the vehicle are injured determine whether or not it is safe for...
IS THERE A FINANCIAL RISK?
In the vast majority of cases there is no financial risk to the plaintiff until close to settlement or trial when “formal offers to settle” are provided. In the very rare circumstance where we cannot recover anything on your behalf, you become responsible for paying the disbursements (expenses) that have been incurred in running your case. However, in an effort...
Bicycle Crash Injury Lawyers
British Columbia has been recognized for some of the best and worst bicycling conditions in Canada. We have many opportunities with our beautiful vistas and mild Lower Mainland climate for cycling for fun, exercise, or the daily commute to and from work. Unfortunately, weather, poorly designed roads, motor vehicle drivers in a hurry or just not “seeing” a...
Bad Faith Insurance Claims
Insurance is heavily regulated and subject to many Provincial and Federal laws. However, disputes over coverage and even the denial of valid claims happen far too frequently. If your legitimate claim has been wrongly denied or your insurer is failing to uphold its promises, you may have a case for insurance bad faith.
If it can be proven that an insurance company operated...
What is the average automobile settlement claim?
On average, each year, there are unfortunately about 1,600 fatalities from automobile accidents in Canada and 110,00 personal injuries resulting from automobile crashes.
In British Columbia, the costs of treating these injuries are increasing, which makes it more likely ICBC will fight for every dime and nickel it has and for a victim to seek compensation through the courts...
How to Choose the Right Personal Injury Lawyer
How to Choose the Right Personal Injury Lawyer
If you have been injured in an accident you will need a personal injury lawyer. Having to deal with your insurance company, the complexity of the law, and the stress of being injured, it is essential to have a qualified, experienced lawyer on your side. With so many lawyers on the market promising large payouts it’s hard to...
The City of Surrey partially responsible for single vehicle crash on icy road.
On December 14, 2009 Ms. Rhodes was driving to work on a cold morning in a westbound direction on 80th Avenue in Surrey. As she was approaching the intersection at 192nd Street, which had a four-way stop, and travelling between 25 – 35 km in a 60 km an hour zone, she applied her brakes and slid into the Mountain View Market concrete pedestal on which gasoline pumps were...
Elderly person falls and injured leaving Senior’s Hall. Senior’s Hall not at fault.
Elderly person falls and injured leaving Senior’s Hall. Senior’s Hall not at fault.
Case name/citation: Sapia v. Invermere (District), 2018 BCSC 1145.
Case Link: http://www.courts.gov.bc.ca/jdb-txt/sc/18/11/2018BCSC1145.htm
On October 17, 2014 Ms. Sapia was 82 years old and a regular patron of the Invermere Senior’s Hall (the “hall”). As she was leaving the hall, she fell...
Access To Justice Affirmed
The law has been likened to a “Living Tree” meaning that it grows and evolves in response to societal values and needs. Increasing access to justice is one such area. In the recent case of Chandi v. Atwell, 2013 BCSC 830, access to justice for plaintiffs in civil cases has been affirmed by allowing for the recovery of disbursement interest.
A long-established legal...
Do I have to pay you before the case resolves?
In most cases you won’t pay anything before settlement. We charge fees based on the amount recovered. If we don’t recover anything you pay no fee. We usually also pay the expenses associated with running your case until it settles. This includes court filing fees, the cost of expert reports, private investigators, etc. At the conclusion of your case we claim most of these...
Who says you have to retire at age 65?
If your plan was to work to age 75 and a car accident stopped your ability to do that then justice requires that you be compensated for that lost earning capacity.
In a recent case, Banic-Govc v. Timm, 2018 BCSC 1073, the Supreme Court of British Columbia dealt with just such a situation.
The plaintiff, had been a youth services counsellor prior to the car accident. Even...
When should I hire a personal injury lawyer?
From the very beginning it best to have all your communication with an insurance company go through your personal injury lawyer.
If you are in a car crash you are required by law to report your crash to ICBC. However, we strongly recommend that you contact Hoogbruin & Company prior to contacting ICBC. While you have an obligation to cooperate with ICBC in the crash...
I feel uncomfortable hiring a lawyer. Do I always need a lawyer in a car crash case?
In most cases crash victims would be foolish to try to deal with ICBC without a personal injury lawyer. ICBC’s main interest is to pay out as little as possible on a claim. This is simply sound business practice. Your personal injury lawyer’s main goal is to get you fair compensation for your losses.
However, in some cases where the injury is minor, recovery is complete...
Are there legal deadlines I should be aware of?
This is a brief and cursory overview. Always consult with your lawyer as soon as possible after an accident.
Where the negligent party in your accident (whether a slip and fall, or a defective road) is the City of Vancouver or another municipality, notice has to be provided within two months of the subject incident or you may lose your right to sue.
In regards to a car...
What should I tell my family physician or specialist?
Your main goal is to get better as fast as possible. To this end you should communicate clearly and effectively with your treating medical professionals and follow their advice carefully.
It is important each time you see your treating medical professionals to tell them not only how you are feeling physically (your body) but also cognitively (for example,...
What about Facebook and Twitter?
ICBC and its lawyers have been succesfull in obtaining by court order, access to crash victims’ computer hard drives and information stored on their social networking sites such as Facebook and Twitter. The goal, as with videotape surveillance and private investigators, is to try and attack a crash victim’s credibility by getting information from the...
What if I’m sent to a specialist?
If your family physician refers you to a medical specialist you should contact your personal injury lawyer immediately. There is always a chance that your family physician, unknowingly, will refer you to a specialist who works predominantly for insurance companies.
What if I’m injured and the accident is my fault?
You are entitled to “no fault” benefits, sometimes called “Part 7” benefits , as they are defined in Part 7 of ICBC’s regulations.
No fault benefits pay you limited income replacement (3/4 of your normal weekly earnings up to a maximum of $300.00 a week) and rehabilitation costs such as physiotherapy and medication up to a limit of $150,000. They are not intended to...
What investigations will ICBC or its personal injury lawyers conduct?
In some cases, but not all, ICBC uses hidden video surveillance or private investigators. The purpose of the video surveillance is to attempt to undermine your credibility. The goal is to catch you doing something which you already said you cannot do – i.e. in a statement to ICBC, in notes from your family physician or other treating medical professionals, or at an...
What is my claim worth?
Each claim is different and depends upon the extent and nature of your injuries. It usually is not possible to give a dollar amount until all the information is properly reviewed and assessed, particularly your medical records.
The law allows you to be compensated for your pain and suffering, loss of amenities and loss of enjoyment of life. Not only are you entitled to...
Should I keep a pain diary?
Some personal injury lawyers advise their clients to keep a pain diary. At Hoogbruin & Company we disagree.
We advise our clients that if prior to the car crash they were in the habit of keeping a diary or journal and they found some benefit in doing so then they should continue with that practice. If after the car crash a medical professional such as their family...
If I hire a personal injury lawyer, will I have to go to trial?
The overwhelming majority of personal injury claims are settled before trial. Most are resolved through negotiation or mediation. If your case does go to trial our firm is well equipped to ensure you attain the best possible result.
Always remember that you are the boss. The role of the personal injury lawyer is to advise the client. The client then provides...
How much will a personal injury lawyer charge?
Legal fees are charged by lawyers on an hourly rate basis or on a percentage (contingency fee) basis. In our firm, our usual practice is to charge on a percentage (contingency fee) basis.
Your first call to us and initial interview will be free of charge. If you decide to hire us to work on your claim on a contingency fee basis, our fee will be based on a fixed percentage...
How long will it take for my case to resolve?
One piece of advice your personal injury lawyer should provide you with is, “Do not rush to resolve your case.” It may take time for your injuries to resolve, or if they do not resolve completely, for your injuries to stabilize. Your personal injury lawyer will need to obtain medical evidence from your family physician and probably other doctors to confirm that you have...
How do I choose a personal injury lawyer?
In our view when deciding to retain a lawyer you should consider three things: Firstly, does the lawyer practice exclusively in this area of law? You would not retain Hoogbruin & Company to assist in buying and selling a house. That is not what we do. We do personal injury law. Similarly, you would not retain a real estate lawyer to litigate your case...