February 28, 2018

Loose Lips Sink Cases: Confidentiality, Privilege, and the Implied Undertaking

Rebecca Buchanan

A lawyer has many duties to her client, one of which is to “…scrupulously guard, and not divulge or use for personal benefit, a client’s secrets or confidences” (Code of Professional Conduct for British Columbia).  A lawyer does not talk about her client or his case outside the courtroom or her office.  If she does, the consequences to the lawyer can be serious.  Likewise, if a client discusses the facts of his case with someone other than his lawyer, even with his own family members, the consequences for the client can be serious.  This blog post discusses the rules that…

November 1, 2017

Restore Timely Access to Justice: A plea to fill judicial vacancies

Jennifer Brun

October 30, 2017   Department of Justice 284 Wellington Street Ottawa, Ontario    K1A 0H8 Attention:   The Honourable Jody Wilson-Raybould, Minister of Justice and Attorney General of Canada   Dear Minister Wilson-Raybould:   Re: Appointment of Supreme Court Justices in British Columbia I am a barrister carrying on business at Harris & Brun Law Corporation on West Georgia Street in the City of Vancouver.  Our firm is a well-established civil litigation boutique of a modest 12 lawyers.  Over the past several weeks I have spent numerous hours preparing for a trial that was scheduled to commence today in the Supreme…

October 11, 2017

What the Heck is a “Parental Responsibility”?

Heather Mathison

In 2013, the new Family Law Act, S.B.C. 2011, c. 25 came into force. This Act sought to take away the sting of words like “custody” and “access” and instead be child-focused. The act re-framed matters so that we do not talk about a parent’s “right” to their child anymore. We now speak of a parent’s “obligations and responsibilities” towards their child and their child’s best interests. In the generic case where two parents have a child or children together and later separate, the Family Law Act says that each parent is automatically a guardian of the child or children. …

July 14, 2017

Insurer-Defended Tort Claims: Know Your Rights and Obligations as an Insured Defendant

Narvinder Gill

A contract of insurance that protects a client from personal liability provides two important benefits. First, the insurance company will indemnify (cover) the client for damages that the client’s negligence may have caused to a third party. Second, and equally important, the insurance company has a duty to defend the client against the claim brought by the third party (or plaintiff). The following summary highlights important aspects of the insurer’s duty to defend. This is general information that we hope will assist insurance consumers understand what happens when they are sued for a type of claim or injury that is…

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