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Archive for the ‘John Bilawich’ Category

BENEFICIARY DESIGNATIONS Part 5 of WESA Requires Changes To Estates Practice

BENEFICIARY DESIGNATIONS Part 5 of WESA Requires Changes To Estates Practice

BENEFICIARY DESIGNATIONS Part 5 of WESA Requires Changes To Estates Practice By John W. Bilawich, Holmes & Bilawich Introduction A beneficiary designation is a simple, informal way to pass certain types of benefits to a beneficiary outside one’s estate. Part 5 of WESA expands the kinds of benefit plans that can be dealt with by beneficiary designation and introduces new rules about how designations operate. […]

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Penner v Niagara (Regional Police Services Board)

Penner v Niagara (Regional Police Services Board)

Penner v Niagara (Regional Police Services Board) How open and accessible are the courts — should administrative tribunal decisions always bar relitigating issues in parallel civil court proceedings? On April 5, 2013, the Supreme Court of Canada dealt with an unusual situation involving access to justice and civil procedure in Penner v. Niagara (Regional Police Services Board), 2013 SCC 19.  The Ontario courts had struck […]

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Action Dismissed in Veritas v Energulf

Action Dismissed in Veritas v Energulf How long a delay is too long where a party thwarts discovery of triable issues and holding a fair trial is actually prejudiced? On April 11, 2013, in Veritas Geophysical (Nigeria) Limited v. Energulf Resources Inc., 2013 BCSC 630, the BC Supreme Court dismissed an action with costs on grounds of want of prosecution.  Robert D. Holmes, Q.C., was […]

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Successful Appeal in Kilderry v Addwest

Successful Appeal in Kilderry v Addwest

Successful Appeal in Kilderry v Addwest Does B.C. have jurisdiction over a dispute involving an investment by foreign parties in a foreign mine where the only connections to B.C. are that one of parties previously lived here and a corporation added to the case is the ultimate parent of the company that owned the mine? On February 25, 2013, the BC Court of Appeal allowed […]

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July 2012 News

July 2012 News

July 2012 News Robert Holmes QC has stepped down as President of the BC Civil Liberties Association after four years of exemplary service.  He continues to serve on the Board of Directors. John Bilawich will continue as Chair of the CBA-BC Vancouver Civil Litigation section for 2012-2013 Share on Facebook

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Interesting Information on Pre-Judgment Interest

Interesting Information on Pre-Judgment Interest

Interesting Information on Pre-Judgment Interest 1hourpaydayloansnow.com By John W. Bilawich, Holmes & Bilawich Pre-judgment interest is admittedly not, at first blush, the most scintillating subject, but there are some aspects of which counsel should be aware when prosecuting or defending a claim which can make a significant monetary difference to your client.  This article focuses on pre-judgment interest claims in the context of debt and […]

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Dismissal for Want of Prosecution – Should I Apply Before the Limitation Period Expires?

Dismissal for Want of Prosecution – Should I Apply Before the Limitation Period Expires?

Dismissal for Want of Prosecution – Should I Apply Before the Limitation Period Expires? By John W. Bilawich, Holmes & Bilawich The object of the Supreme Court Civil Rules is to secure the just, speedy and inexpensive determination of every proceeding on its merits.  Our civil justice system relies on the parties to set the pace at which a proceeding is prosecuted, subject to the availability […]

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Improving Prospects for Offers to Settle

Improving Prospects for Offers to Settle

John W. Bilawich, Holmes & Bilawich The offer to settle process in the Rules should be straight-forward, but in practice is unpredictable.  The amount of court time and legal resources spent arguing about costs consequences of an offer can become substantial and disproportionate.  To maximize the chance that an offer will be effective, it is important that when formulating the offer counsel consider the requirements […]

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Beyond Miracle Feeds – Another Approach To Setting Aside Default Judgments

Beyond Miracle Feeds – Another Approach To Setting Aside Default Judgments

John W. Bilawich, Holmes & King Faced with the daunting task of applying to set aside a default judgment, the commonly cited authority is the decision of Mr. Justice Hinds in Miracle Feeds v. D. & H. Enterprises Ltd., [1979] B.C.J. No. 1965, 10 B.C.L.R. P 58.  It establishes a four part test … three really, since the fourth step simply addresses mode of proving […]

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Welcome to Holmes and Bilawich Law – Latest News

Welcome to Holmes and Bilawich Law – Latest News

September 2011 – Leslie Muir named one of Canada’s Best Lawyers in the field of Professional Liability and Legal Malpractice cases. Share on Facebook

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