DISPUTES & LITIGATION
We know disputes are stressful. We are here to support you during almost all of life’s disputes, including wills/estate, employment, construction, shareholder/director, neighbours, property and real estate, and personal injury disputes.
Litigation Services
Estate Related Disputes/Litigation
Real Estate Disputes/Litigation
Employment Disputes/Litigation
Business/Company Disputes
OUR PROCESS
We strive to make the process simple and straightforward because we know that regardless of whether you’re starting litigation, responding to a claim, or just wondering if you need a lawyer, the dispute is stressful enough.
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The first step is to reach out to our office so that we can gather your basic information. We will need your name and the names of all the other people and companies involved so that we can ensure there are no conflicts (and inform you immediately if this is something we cannot help with).
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Typically, the first step is an initial meeting with one of our litigation lawyers. During this meeting, you will describe your issue and provide any relevant documents you have that might help the lawyer understand it. The litigation lawyer will then answer your basic questions and provide their thoughts on whether to open a file.
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If you and the litigation lawyer decide that this is something we can help you with, we will proceed to open a file. This requires signing a retainer agreement, confirming that we are officially retained to assist you.
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Each file will have a slightly different process depending on the circumstances. If it involves litigation, the typical process looks like this:
Pleadings (This is where each party sets out their claim and their response to the claim. The material facts are listed and the basic applicable law is stated).
Discovery (The relevant documents are produced by all parties and then parties may need to participate in an oral evidence process where they are asked questions under oath).
Settlement Discussions (While settlement can happen at any point during the process, it is often done after the discovery stage when each party is fully aware of the documents and evidence that may exist).
Trial (Most files settle before trial, but occasionally the parties are unable to resolve the dispute themselves and need a judge to make the final decision).
This is a very general overview of some of the steps, and each file will proceed in the manner that is best suited to it. The litigation lawyer will discuss each step with you along the way.
Is litigation the service for you?
I don’t know if I’m entitled to anything in my parents estate.
I entered a real estate contract, but we are not going to complete it.
I have issues with my neighbour.
I was terminated and don’t know what I’m entitled to.
I am being sued.
I am not getting along with my other shareholders.
PRACTICING LAWYERS
Sara Tebbutt Albert
Marc Regier
Frequently Asked Questions
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We never recommend accepting the severance package offer and signing a release without seeking legal advice. Employers do not typically present the best offer upfront, and depending on your employment contract, you may be entitled to significantly more than the minimums outlined in the Employment Standards Act.
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Probably. The legislation in British Columbia expressly provides a mechanism for children and spouses to make a claim to vary their parent's/spouse's will. In the right circumstances, this is appropriate.
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Assuming the person is backing out of the contract after the rescission period, you definitely have options. Whether those options will practically be worth pursuing is another question. We highly recommend seeking legal advice before you make any decisions and before you agree to return the deposit.
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You’re always able to buy out another shareholder (if they are agreeable), but depending on your shareholder’s agreement (if you have one) you might have certain procedures you need to follow or certain rights with respect to the price of shares.