8 January 2024

Mortgages – The contractual right to indemnity vs. the “usual rule” clarified.

By Jeremy West

While most loan agreements and mortgages documents contain a contractual right allowing the lender to recover indemnity (actual) legal costs in foreclosure proceedings, the “usual rule” provides that costs in unopposed foreclosure matters are generally awarded on a party and party basis under Tariff Scale A. The net result of the “usual rule” is that…

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26 October 2023

Paying Contested Companies Without Bank Accounts

By Micah Goldberg and Keita Szemok-Uto

Clients Paying Third Parties Using Their Lawyer’s Trust Account Watson Goepel LLP’s Litigation & Dispute Resolution Group was recently successful in clarifying how funds deposited in a lawyer’s trust account on behalf of a third party are treated. In successive successful hearings, we argued that when a company pays funds into a trust on behalf…

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31 August 2023

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Celebrating Excellence: Four Watson Goepel LLP Lawyers Recognized as the Best in Canada

By Anastase E. Maragos, Jeremy West, Thomas G. Keast, K.C. and Craig Neville, K.C.

In the dynamic and complex world of law, having a strong and capable legal team by your side can make all the difference. At Watson Goepel LLP, we take immense pride in announcing that several of our outstanding lawyers have been recognized as The Best Lawyers in Canada™ in the upcoming 2024 edition. This esteemed…

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8 March 2023

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Addressing The Gender Gap in Personal Injury Damages Assessments: An Option Other Than “Othering”?

By Watson Goepel LLP

This article is part of a series of educational blog posts created by a team of Watson Goepel women lawyers in light of International Women’s Day 2023, to empower, celebrate, and encourage women in Canada. “Othering” refers to “viewing and treating a person or group of people as different from yourself and most people. Othering can lead to discrimination…

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8 March 2023

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When Women Get a Disproportionate Part Of a Will and/or Estate Due to Cultural Traditions

By Janet De Vita

This article is part of a series of educational blog posts created by a team of Watson Goepel women lawyers in light of International Women’s Day 2023, to empower, celebrate, and encourage women in Canada.   In certain cultures, women are gifted substantially less under a will compared to their brothers.   In Prakash and Singh v Singh et al, 2006…

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8 March 2023

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Sexual Assault and Right To Privacy

By Watson Goepel LLP

This article is part of a series of educational blog posts created by a team of Watson Goepel women lawyers in light of International Women’s Day 2023, to empower, celebrate, and encourage women in Canada.   Women continue to be statistically at a far greater risk of sexual violence in Canada. The Canadian Women’s Foundation summarizes statistics of gender-based…

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6 March 2023

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What Is Automatism? And Can It “Justify” Violent Criminal Behaviour in Canada?

By Katharine E. Hennebery

This article is part of a series of educational blog posts created by a team of Watson Goepel women lawyers in light of International Women’s Day 2023, to empower, celebrate, and encourage women in Canada.   In May 2022, the Supreme Court of Canada (“SCC”) released two concurrent judgments for two cases dealing with circumstances where the accused was…

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19 December 2022

The “Common Law Condominium:” A Historical Anomaly with Present-Day Implications to Strata Wind-Ups

By Jeremy West

In British Columbia, condominium ownership is principally governed by a statutory regime found in the Strata Property Act (“SPA”). However historically, structures were developed to create land ownership and management rights outside of that legislative scheme. Cypress Gardens (a 177-unit residential complex located in the City of North Vancouver) is an example of what has…

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