League and Williams Lawyers

Author: Darren Williams

Canadian Medical Assistance Teams Help Nepal Quake Relief

The morning of May 12, 2015, we awoke to news that a second quake, measuring a magnitude of 7.4, had struck Nepal, a country that has been devastated by the Gorkha earthquake that occurred April 25, 2015, killing more than 8,000 people and injuring more than 18,000. The news has hit close to home as one our firm’s legal assistants, Heather, is married to a paramedic, Josh Henshaw, who is in the region after volunteering to help with the Canadian Medical Assistance Teams (CMAT) Nepal Quake Relief efforts.

Josh is a Victoria, BC paramedic who received an urgent email from a doctor last week asking if he would be willing to fly out the next day to Nepal to assist with the recovery efforts in Nepal. Josh has prior search and rescue experience, an adventurous spirit and knew that his skills would be desperately needed and that he could make a meaningful difference to the recovery efforts. Josh did not hesitate to accept the offer to help, and joined 14 other Canadian volunteers including doctors, nurses and other paramedics on a flight to Kathmandu the day after receiving the email.

The CMAT team Josh was on arrived in Kathmandu after dark, but even so – the destruction of the quake was apparent. The following day, Josh and the CMAT team traveled roughly 8 hours by bus to the region of Gorkha, very near to the epicentre of the quake and established a CMAT camp and field clinic in the village of Baluwa.

The field clinic Josh worked at was providing services to Baluwa as well as dozens of neighbouring villages. In the first days of operation, the CMAT field clinic treated 170 patients a day, a large majority of whom were suffering from acute quake related injuries. As some people who need medical care are located in outlying villages and are unable to travel to the field clinic in Baluwa, the CMAT team Josh was on had been sending small groups of medical personnel hiking (sometimes up to 7 hours) to get to outlying villages to treat patients.

The numbers of patients treated at the field clinic had been gradually subsiding (as of May 13, 2015, the clinic was treating between 60 and 100 patients a day), however an increasing number of patients presented to the clinic had a need for basic medical care. As a result of the quake, much of the primary healthcare infrastructure, including the birthing centre in the region was destroyed. Further, a lack of sanitation, housing and adequate nutrition (also due to the quake) and a looming monsoon season were increasing the need for primary healthcare services in the region. As a result, it was anticipated that the CMAT team Josh was on and the primary medical services they provide would continue to be in high demand in the region.

Nerves continued to be frayed, with even the sound of thunder causing a great deal of fear and aftershocks continuing on a daily basis. Most of the locals in the village of Baluwa and the surrounding villages were sleeping under tarps – many homes were no longer structurally sound and another big quake would cause them to crumble.

The road back to the way things once were is likely to be long, however, the indomitable spirit of those living in Nepal leaves little doubt that they will eventually recover from the quake. In a recent impromptu game of soccer between the Canadian medics and the Bulawi village children, the children claimed an easy victory. The still smiling faces of many of the villagers demonstrates an admirable resiliency and hope that the recovery efforts will minimize any further quake related tragedy.

In support of Josh’s efforts in Nepal, LaW has made a donation to the Canadian Medical Assistance Teams and is encouraging others to do the same. The Canadian Medical Assistance Teams is a Canadian-run grassroots disaster relief organization, that is operated entirely by volunteers and exclusively sponsored by donations. For more information or to donate, please visit: http://www.canadianmedicalteams.org/

May 13, 2015
Falling Asleep at the Wheel: Negligence, or Gross Negligence?

Many master’s or mate’s positions require long hours where sleep can at times come second to getting the job done. Even where sleep is a scheduled part of the job, unfavourable tides, port schedules, weather and emergencies occasionally require the crew to skip their sleep. Pacing the wheelhouse, coffee in hand, is many a crewman’s prescription for the dreaded head-bob astride the captain’s chair. Few mariners who have taken the wheel of a vessel can deny that at some point in their career they have not drifted off, even for the briefest of moments.

A B.C. Supreme Court case considered whether a master who fell asleep at the wheel of his vessel was guilty of mere negligence, or the more significant gross negligence. The difference between these two legal-wrongs is profound, with gross negligence possibly resulting in the loss of insurance coverage, exposing the mariner to claims from their employer, awards for punitive damages against them, losing the right to limit liability, and even criminal charges. To this end, it is wise for mariners and vessel owners to understand the legal significance of falling asleep at the wheel.

Between midnight and 2:00am in the early morning of August 13, 2003, a small passenger ferry collided with Nose Point on Salt Spring Island B.C. at a speed of 20 knots. When emergency crew arrived and found the engines running, the master, whose torso had deeply deformed the wheel, stated “I think I fell asleep”. A guest who had been sleeping in an aft bunk had been thrown forward into a table and was badly injured. The guest, who was a friend of the master along for the ride, sued the owner and master for her injuries. The court considered whether the master and owner could limit their liability for her injuries to the statutory limit for passenger injuries set out in the Canada Shipping Act 2001 and Athens Passenger Convention (then approximately $300,000). While the court did decide the legislated limit of liability was applicable because the vessel was being used for a commercial purpose at the time of the collision, the court had to consider whether the owner and master were disentitled to rely on the limit because of an exception in the CSA 2001, being that the master or owner had “acted recklessly and with knowledge that [the guest’s] injuries would probably result”.

The court ultimately rejected the claim that the master had “acted recklessly and with knowledge that the [guest’s] injuries would probably result”, citing in part insufficient evidence of what the master’s knowledge was immediately prior to the collision, and allowed the master and owner to limit their liability to approximately $300,000. However, in doing so the court considered the term “recklessly” as it related to falling asleep at the wheel and made the following important points.

Firstly, the court adopted an earlier interpretation that acting “recklessly” in a marine context means the person was acting with “gross negligence”. While simple negligence is acting or failing to act in a manner that a reasonably prudent person would act in the same circumstances, gross negligence is doing so with knowledge that a certain loss would probably result. Put another way, gross negligence is intentionally undertaking an unjustifiable risk. Quoting from a 1949 B.C. Supreme Court judgment involving a motorist falling asleep at the wheel, the court stated:

Sleep does not ordinarily fall upon one suddenly and if the defendant found that it was coming upon him he should have stopped and refreshed himself, for nothing is more dangerous than for a driver to fall asleep at the wheel- an accident is almost inevitable.

In the marine context this means, for example, where a crewman has been up for many hours and takes the wheel understanding he will likely be unable to stay awake for a four hour wheel-turn, and appreciates the vessel may as a result run aground or collide with another vessel, the court may find him grossly negligent.

Secondly, the court considered the difference between whether the master had fallen asleep suddenly or gradually, and how this related to whether they were merely negligent, or whether they were grossly negligent. Although the court found there was insufficient evidence at trial to find whether the master had fallen asleep suddenly or gradually, the court did state:

The absence of scientific or other evidence [in this particular case] concerning how sleep may have come upon [the master] is important because if it was established that sleep did come on gradually, a stronger case could be made for a finding that [the master] ought to have taken some action to avoid what occurred. If sleep came on suddenly, he would have had no opportunity to do anything in anticipation of falling asleep and his conduct would be less blameworthy, constituting negligence, but not gross negligence.

Said another way, the court found that where the circumstances are such that the crewman fell asleep gradually (such as doing the head-bob in the captain’s chair for an hour before finally falling asleep) he may be grossly negligent, whereas falling asleep quickly or after having had rest earlier that day, would amount to only simple negligence. The distinction is somewhat grey, but nonetheless important, as a finding of gross negligence can have profound effects on a mariner’s career. For example, mariners who are employed (as opposed to being contractors) cannot be sued by their employers for their workplace mistakes (such as property damage due to a collision). The exception to this rule, which would allow the employee to be sued, is where the employee was acting maliciously (with intention to harm) or where they are grossly negligent. Damages could easily result in the loss of all of the mariner’s assets. Also, the same characteristics that make for grossly negligent conduct make for the crime of “criminal negligence” under the Criminal Code. A final consideration is that many insurers will not provide coverage for losses that result from either gross negligence or criminal negligence of the owner of the vessel.

There is no escaping the conclusion that if you fall asleep at the wheel you are negligent. The question is whether, in the circumstances, you are grossly negligent because you took the wheel knowing you were more likely than not to nod-off and an accident would result. This can only be determined on a case-by case basis. Both crew who take the wheel and may be sued by their employers, and owners/management who are responsible for putting them there and may lose their right to limit liability (although this is extremely rare), ought to take this into account when considering work/sleep scheduling. While the limits of liability under the Canada Shipping Act 2001 and the Athens Passenger Convention are often referred to as “unbreakable” because the two-part exception to this limited liability (that the master or owner acted recklessly and they knew the injuries would likely result) can be very difficult to prove, cases of falling asleep at the wheel (as opposed to more common accident caused by errors in navigation or machinery failure) provide unique circumstances where these limits where these limits might be broken. In as much as the case discussed above provides a blueprint for prosecuting or defending a claim for gross negligence, every mariner who takes the wheel exhausted after a long day, is well advised to bear it in mind.

Darren Williams is a founding partner of League & Williams in Victoria, BC practicing in the areas of Personal Injury Law, Marine Law and Estates Disputes and can be reached for question or comment at dw@MarineLaw.ca, or info@leaguelaw.com or by phone at 250-888-0002.

May 3, 2015
Reasons to dispute a will in British Columbia: four grounds to make a claim

Every year in British Columbia slightly more than 30,000 people die, many of whom have some assets and debts (“an estate”) and a variety of personal and business affairs that they leave behind. How the assets and debts are administered and how the proceeds of the estate are divided will depend on whether or not there was a will in place and whether or not the will conforms to the requirements of the law – more specifically the Wills, Estates and Succession Act (“WESA”) – which was recently updated with the new Act coming into force March 31, 2014. If there is no will in place, the deceased is said to have died intestate and the estate is divided according to the provisions of the WESA that govern intestate estates.

When a will is properly crafted and adheres to BC Law, the costs and time needed to administer the estate are minimized. A well crafted will ensures that the final wishes of the deceased can be honoured, that all of the deceased’s business/personal affairs and possessions are accounted for and that all of those who are entitled to benefit from the estate are considered fairly and benefit accordingly. Further, a will gives guardians of minor children a say in who becomes responsible for those children in the event of their passing. While there are kits that may be used to craft a will, it is generally advised that people get the advice and guidance of a lawyer with experience in drafting wills to assist them in making a will that is considered legal and unlikely to result in a dispute. If you need a referral to an appropriate lawyer to help you draft a will for your estate, we would be happy to assist, just contact us.

Unfortunately, some British Columbians die without a will (intestate) or with a will that fails to conform to the WESA. When there is no will, or when there are grounds to dispute a will, most beneficiaries need to talk to a lawyer who can advise them on their right to benefit from the estate and how to make a claim to get their fair share of the proceeds from the estate.

Here are four reasons that often give a person grounds to dispute a will in British Columbia:

1. Next-of-kin were left out of the will (either intentionally or unintentionally) – If a person who should be a next-of-kin beneficiary (generally spouses and children) of an estate is left out (either intentionally or unintentionally), those persons may have grounds to dispute the will.

2. Similarly positioned beneficiaries of the will were given significantly different shares of the proceeds of the will – If a next-of-kin beneficiary was left a significantly different share of the estate, without good reasons, that person may have grounds to dispute the will. For example, if one brother got 90 percent of the estate and the other brother was left with 10 percent of the estate for reasons that are either unclear and/or unfair, the disadvantaged brother may have grounds to dispute the will.

3. Joint property was left to another beneficiary by the deceased – Joint home ownership or joint accounts automatically become the property of the surviving owners as they have a “right of survivorship”. As such, joint property that is bequeathed in a will to another beneficiary gives the surviving joint property owner a ground to dispute the will.

4. A will changes the beneficiary of a life insurance policy – Life insurance policies have their own designated beneficiaries and BC wills respect that. If a person is aware that they are the designated beneficiary of the deceased’s life insurance policy, however a will that was made subsequent to the policy indicates a different recipient of the policy’s benefits, the designated beneficiary has a ground to dispute the will.

It is important to note that a will is often just one part of an overall estate plan as there are other ways a person can transfer property in the wake of their death that falls outside of the purview of a will. Prior to making any claims on an estate or disputing an existing will in British Columbia, it is best to consult a lawyer with expertise and experience in British Columbia estate law who can advise on whether or not you have grounds for making a claim under the specific circumstances faced and best enable a person to get their fair share of an estate.

If a will doesn’t exist, the assets will be distributed according to the WESA.

WESA has specific rules for dividing the property of a person who died without leaving a will. If you find yourself eased out of the distribution when you should be part of it under the WESA, let an experienced lawyer help you make a claim.

For more information on estate disputes, visit https://league.dojogakure.com/our-services/bc-estate-law/unfair-wills-and-estate-disputes/.

Have a question about this topic or a different legal topic? Contact us for a free consultation. Reach us via phone at 250-888-0002, or via email at info@leaguelaw.com.

Sources:

BC Vital Statistics Agency

Making a Will and Estate Planning, The Canadian Bar Association

Wills, Estates and Succession Act

April 9, 2015
When a bus crashes, can passengers claim compensation?

Bus crashes in British Columbia are rare occurrences. Passengers who choose to ride the bus tend to have peace of mind about the qualifications of the person entrusted to drive the bus and the road worthiness of the bus they are riding in. Given the consequences of a bus accident, should it happen, it is imperative that bus operators minimize the risk by ensuring drivers and equipment are appropriate for the trip at hand as failure to do so results in the potential to significantly injure or kill many people. Bus operators and drivers are often held to a higher standard than other drivers on the road and face significant liability when bus accidents occur.

When bus crashes happen, they can be nothing short of horrific. For example, in December 2012, a tour bus en route to Vancouver, BC from Las Vegas, Nevada was traveling in icy conditions in Oregon when it crashed into a guardrail and tumbled 100 feet (30 metres) down an embankment. Thirty-eight passengers were injured in the accident and 9 passengers died. The victims included several residents of British Columbia.

Many victims of the Oregon bus accident suffered multiple injuries including broken bones, soft tissue injuries, collapsed lungs, psychological injuries and probable brain injuries. The injuries sustained by victims of the accident caused significant amounts of pain, the need for ongoing medical treatment, and a loss of capacity to earn incomes and enjoy life.

Unsurprisingly, many passengers of the Oregon crash filed lawsuits against the driver, Haeng-Kyu Hwang, and the tour bus company, Mi Joo Tour and Travel, as well as the Oregon state government and its Transportation Department to claim compensation for the injuries and damages sustained in the accident. The damages sought by those injured in the accident and some of the estates of those who perished could total more than $700 million USD. As of April 8, 2015 the case is still ongoing.

Bus Accident Claims

Making an accident claim after a bus accident (or any accident that involves personal injuries) can be complex. Details of the accident, the injuries sustained, the medical treatments needed, the impact of the injuries going forward, the insurance coverage available and the laws that apply to the circumstance are all critical to being able to make a claim for fair compensation. The process can be overwhelming, particularly at a time when the focus needs to be on undergoing treatment for and recovering from the injuries that were sustained in the accident. It can also be frustrating as sometimes the parties responsible for the accident deny responsibility or fail to provide for the costs of treatment for the injuries sustained – delaying recovery and causing the victim financial hardship.

Contacting a lawyer who knows about the law where the accident happened and who cares about your recovery can make the process of making an accident claim less overwhelming and can ensure that fair compensation for the injuries sustained is realized. A good lawyer has the attention to detail needed to enable accident victims to focus on their recovery.

The team at League and Williams, specializes in personal injury law in BC and are committed to meeting the needs of their clients by providing exceptional legal services that enable injured victims to focus on their recoveries. We may be contacted via phone at 250-888-0002 or via email at info@leaguelaw.com.

April 8, 2015
Experienced Injury Lawyers Help You Obtain the Compensation You Deserve

If you were injured in a motor vehicle accident and qualify for Part 7 benefits with ICBC (“no-fault benefits”), you may be entitled to the following:

1. Medical Benefits

Section 88(1) of the Insurance (Vehicle) Regulations (the “Regulations”) requires ICBC to pay “all reasonable expenses incurred by the insured as a result of the injury for necessary medical, surgical, dental, hospital, ambulance or professional nursing services, or for necessary physical therapy, chiropractic treatment, occupational therapy or speech therapy or for prosthesis or orthosis”.

Although section 88(1) is seemingly broad, ICBC has established policies that limit the payment of such medical benefits. Typically, ICBC will only pay for treatments immediately following the accident, and will only pay for a limited number of treatments. ICBC will not generally pay the “user fee” charged by most treatment providers, which typically amounts to $30 per treatment. Alternative medicine expenses, such as acupuncture and naturopathic remedies will not usually be paid.

2. Rehabilitation Benefits

Section 88(2) of the Regulations requires ICBC, where provision is likely to promote the rehabilitation of the insured, to provide or pay for a variety of treatments or items.

These items include at-home care by a nurse or attendant, wheelchairs, braces, where someone is rendered reliant on a wheelchair or is unable to maneuver around their home, alterations to a home, and, where a person is unable to use public transport, the purchase of a motor vehicle. Despite the broad language used in the Regulations, ICBC generally interprets the provision very narrowly and in practice, is not likely to pay out for these expenses in most circumstances.

3. Wage Loss Benefits

Section 80 of the Regulations requires ICBC to pay wage loss benefits if an injury prevents a person from working because they are “totally disabled”. Total Disability Benefits (“TTDs”) are payable where a person was employed at the time of the accident or had worked 50% of the year before the accident. TTDs are not payable where EI benefits are available – EI benefits must be exhausted for TTDs to be payable.

ICBC will pay up to $300 per week (unless the optional additional Part 7 coverage was purchased), and is calculated at 75% of the person’s average weekly earnings in the year before the accident.

An injured person who is unable to do their job is entitled to receive TTDs for up to two years following the accident, after which, they are entitled to receive TTDs only if they are unable to do any job that would be suitable based on their age, education and experience, and are only payable until age 65.

4. Homemaker Benefits

Section 84 of the Regulations provides benefits to a homemaker who is not able to perform most of their household tasks. The benefits will pay for the expense of someone, who is not a family member, to do the housework for a period up to 104 consecutive weeks. The maximum coverage available is $145 per week.

Experienced injury lawyers, such as those from League & Williams, can provide you with the quality legal advice and representation you need to help you recover from any injuries suffered in a motor vehicle accident.

If you have a question about this topic or another legal issue, contact us for a legal consultation. Reach us at 250-888-0002, or via email at info@leaguelaw.com.

Sources:

Making a Personal Injury Claim. Cbabc.org.

Should I hire a personal injury lawyer to help with my ICBC claim? Icbcclaiminfo.com

April 7, 2015
Lawyers in Victoria, BC: Hire a Lawyer before Making an ICBC Claim
If you are injured in a motor vehicle accident in British Columbia, even where you are found wholly at fault for the accident, you may be entitled to Part 7 benefits with ICBC (“no-fault benefits”). No-fault benefits include wage loss for total disability, loss of homemaking capacity, and medical and rehabilitation benefits. No-fault benefits are typically available to anyone injured or killed in a motor vehicle accident in British Columbia, and can be accessed by making an ICBC claim.

To qualify for no-fault benefits, you must be an “insured”, which is defined as any of the following:
1. An owner of a vehicle insured with ICBC;
2. A member of the vehicle owner’s household;
3. An occupant of a vehicle licensed in BC, or an occupant of a vehicle not required to be licensed in BC but driven by a person with a BC driver’s license;
4. A cyclist or pedestrian who collides with a vehicle described in an owner’s certificate;
5. A resident of BC who is entitled to bring an action for injury or death under the Insurance (Vehicle) Act for either hit and run collisions or pursuant to the uninsured motorist provisions;
6. The personal representative of a deceased insured; or,
7. A resident of BC who holds a valid driver’s certificate and members of his or her household.
If you satisfy the above definition of an insured and were injured in a motor vehicle accident, you should apply for no-fault benefits with ICBC. To apply for no-fault benefits you must:
1. Promptly notify ICBC of the accident;
2. Provide written notice of the particulars of the accident and resulting injuries within 30 days of the collision; and,
3. Complete an ICBC form called a “CL22 – Insurance Claim Form” within 30 days of the accident.
Where ICBC fails to pay no-fault benefits, an action against ICBC must be commenced within 2 years of: (1) the date of the accident, (2) the date of the last benefit payment, where some benefits have been paid, or (3) the date ICBC received notice in the prescribed form of your intention to commence an action for no-fault benefits (providing the notice was sent within 2 years of the accident).

Hire a lawyer before talking with ICBC. A lawyer will provide you with professional advice and advise you of any missteps that may later be prejudicial to your claim. Count on experienced trial lawyers in Victoria, BC, like those from League & Williams, to help you receive full settlement and to maximize your recovery.

Have a question about this topic or a different legal topic? Contact us for a free consultation. Reach us via phone at 250-888-0002, or via email at info@leaguelaw.com.

Sources:

Making a Personal Injury Claim. Cbabc.org.

Steps of your claim. Icbc.com
April 6, 2015
Focused on What Matters: Our Client’s Interests

Legal procedures and issues can be frustrating and stressful and often get in the way of meeting business objectives or personal goals. When legal issues are not given the attention to detail they need, or when lawyers fail to listen to their clients and understand the problems they face, the solutions available and their client’s interests, the frustration and stress continue to mount – or a legal solution is provided that fails to resolve the underlying problems or causes other legal problems down the road. There is far more to client satisfaction than just providing competent legal services. League and Williams believes that the best results are only possible when the lawyer handling the case is competent in the law, understands and appreciates their client’s situation, and is committed to putting the needs of that client first. We have demonstrated our legal competency and our commitment to client satisfaction over our many years of effectively handling a wide variety of personal injury claims, estates disputes and marine law issues. We not only understand the legal system, but also understand our clients and strive to put their needs first. This is just one of the things that makes League & Williams (LaW) different from other law firms in British Columbia.

Legal issues take a huge toll on people, both physically and emotionally, and often takes months or years to put lives or businesses back on track after a legal issue arises. Having a lawyer who can provide trusted advice and help to make decisions that meets your needs is invaluable. Having a lawyer who is committed to finding the solutions needed goes a long way towards making legal problems less stressful and frustrating.

For personal injury cases, you can count on League & Williams to serve only your interests as the injured party. We have no hidden agendas! We guide you through every step of the claim process – right through settlement or trial. We educate you about your claim. We keep in close contact with you and work closely with your team of healthcare professionals who are helping you regain your health and wellness. We ensure our clients are empowered to recover as best as possible from their injuries.

For estate disputes, you can expect us to help you understand the options available to remedy an unfair will. We work with our clients to enable a better understanding of what they are entitled to under BC Estate Law and to empower our clients to gain the benefits that they are entitled to from an estate. Then we guide our clients through the process of disputing a will and asking the court to change the will in accordance with the BC Wills, Estates and Succession Act. We stand by our clients right through settlement or trial.

For maritime law, you can trust us to identify key issues in this highly specialized area. Regardless if you are a humble boat owner or a major player in the province’s commercial fishing scene, League and Williams will always be there to lend its legal and technical know-how in the province’s maritime law industry.

Here at League & Williams, we work with the our client’s interests at heart. Give us a call at 250-888-0002, email at info@leaguelaw.com or visit leaguelaw.com/contact-our-lawyers/ for a free consultation.

March 27, 2015
League and Williams: Online and Engaged with Social Media

While the lawyers at League and Williams are focused on providing quality legal advice and getting the best results possible for their clients, the firm is online and engaged on a wide variety of social media. There is the League and Williams blog that covers a wide range of topics including information about the firm, personal injury law, estate disputes and marine law. We have also decided to actively engage on Twitter, Facebook and LinkedIn. The blog, Twitter feed, Facebook page and LinkedIn page provide our clients (and others) with interesting information, is a way of getting to know us and is a way for our firm to better engage with our clients in order to better meet their needs.

We invite you to get connected with us on social media – to get to know our firm and let us get to know you better too.

If you would like us to handle your personal injury claim, estate dispute or marine law issue, contact us at 250-888-0002 or email us at info@leaguelaw.com.

March 25, 2015
There’s a Will, but it Could be an Invalid Will

Being left out of the will of a close family member can be a shocking experience and may leave a person who was expecting an inheritance feeling betrayed. Family relationships between beneficiaries of the will and those left disinherited can be incredibly strained. Sometimes the revelations of a will come as a complete surprise and sometimes there are good reasons for the confusion and bewilderment – after all, just because a will exists, does not mean that it is valid or that it reflects the true wishes of the deceased. What circumstances in British Columbia would make for an invalid will? When should beneficiaries question the validity of a will and how can they contest it?

In order for a will to be considered valid and binding, there are a number of factors that must be satisfied to meet the requirements of BC Estate Law and the Wills, Estates and Succession Act that came into effect March 31, 2014. If these factors are not satisfied, the validity of the will may be contested in court, and there is a good chance the will would be declared an invalid will.

Who Can Make a Will?

Under British Columbia law, there are two factors that the person making the will (the testator) or having a will written on their behalf must meet in order for the will to be considered valid. First, the testator must have been mentally competent during the time the will was made. If a person is contesting the testator’s mental capacity at the time the will was written, that person will have to provide the court with medical evidence that supports the claim that the testator lacked mental capacity at the time that the will was made.

Second, in British Columbia, the testator must be 16 years of age or older at the time the will was made.

Who has to Witness a Will?

If the testator is of sound mind and of legal age and makes a will, that will must be signed by the testator in the presence of two witnesses who must meet specific requirements. The witnesses must sign the will as proof of their presences, and neither witness can be a beneficiary of the will, nor be a spouse of a named beneficiary of the will. If a will is not appropriately witnessed, it may be declared invalid by the court.

How does a person get a will declared invalid by the court?

If a person has a legitimate reason to believe that the will that was left is invalid, it is important to seek legal advice. A lawyer who is experienced in BC Estate Law can help identify legal problems with a will, effectively guide the client through the process of contesting the document in court and enable the client to get the share of the estate that they are entitled to. Contact us via phone at 250-888-0002 or via email at info@leaguelaw.com.

March 23, 2015
Recording Details of Accident Scenes are Valuable in Proving Injury Claims

As reported in Global News, a man from Vancouver Island crashed his car into a power pole at 60km/h in the wee hours of the morning on January 11, 2015. The man, Andrew MacDonald, was trapped in his car until firefighters arrived at the scene. Despite his injuries, MacDonald was able to keep calm, and remarkably recorded his rescue with his mobile phone.

A car accident, whether involving another vehicle or not, is a shocking and stressful experience. The fact that MacDonald was able to keep calm and record his rescue is an outlier.

In the event that you find yourself involved in a car accident, try to remain calm and collected, and be aware of as much of your surroundings as possible, as MacDonald was. Experienced personal injury lawyers will tell you that having a good recollection of the details of the accident could turn out to be invaluable to the injury claims process afterwards. For your own welfare, as well as to aid your accident claim, try to make note of the following after an accident:

Check for Injuries

Quickly check yourself and any passengers in your car for injuries. Once you deem that everyone is alright, check the driver and passengers of the other vehicle. If anyone has been injured, immediately call 911 and request medical assistance.

It is important to monitor yourself for a few days after the accident as some injuries may not manifest for a few days after the accident.

Gather Contact Information

If you can, get the names and contact information of the other drivers who may have been involved in the accident, and the information of those who witnessed the accident.

Record Details Including Taking Pictures or Videos

Take photos (or videos) of the scene, and even of your injuries. Keep a diary of how you feel and the treatments you undergo as you recover from your injuries. Having a reliable record is important to support your claims from ICBC or other insurance companies later on.

Report the Accident

Whether or not the accident was your fault, you should call ICBC and report the accident. Their line is open 24-hours a day, 7 days a week. A representative will ask you for information, such as when and where the accident occurred, license plate numbers, and insurance details, so be sure to have them ready when you make the call.

Once you are done with these steps, it’s time to look for a trusted personal injury lawyer in Victoria like one from League & Williams. Ideally, you should speak to a lawyer before you provide any statements to ICBC. This way, you can protect your rights and ensure you are able to maximize the coverage you are entitled to. This is especially important if you sustained an injury from the accident, or are seeking claims to cover repair costs.

Have a question about this topic or a different legal topic? Contact us for a free consultation. Reach us via phone at 250-888-0002, or via email at info@leaguelaw.com.

(Source: B.C. man films his own rescue following car crash; Global News; February 25, 2015)

March 20, 2015