The present pandemic has created never before seen issues and challenges in the building industry. At HOM, we pride ourselves in always staying ahead of the curve and up to date with all legal issues that could arise for our clients.
The construction lawyers at HOM have over 100 combined years of experience in dealing with every facet of the construction law industry, having represented homeowners, developers, contractors, subcontractors, and suppliers. We can also deal with any facet of real estate development, from concept to sale.
Lorenzo G. Oss-Cech, our team leader in this area, has litigated countless matters in the construction industry. He, along with his then partners, were one of the first lawyers to start the “leaky condos” wave of litigation in the early 1990s. Our team of experienced litigators can help with every issue including, during and after construction disputes, builders liens, contract disputes, delay claims and issues of active concealment if you find undisclosed damage after you purchase.
At HOM, we understand that project delays can be costly and add unnecessary stress. We strive to resolve matters quickly and economically efficiently for all our clients.
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ICBC Enhanced Care and “No Fault” Car Insurance in British Columbia
Watch our latest video with Ascend Legal 101 where we discuss ICBC’s new Enhanced Care coverage, the “no fault” car insurance in BC, and more. Listen to our chat to learn more about this topic as well as our professional opinions on the matter.
Our Video on ICBC Enhanced Care and “No Fault” Car Insurance in BC
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Wrongful Dismissal and COVID-19
At Hutchison Oss-Cech Marlatt, we pride ourselves on providing up to date advice and information in employment law, including the impact of the COVID-19 Pandemic on employment law and the assessment of employment law claims. Dana G. Quantz at our firm has provided the below summary to help people consider their legal rights in this pandemic.
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Construction Law Contracts, Disputes, Defects & Builder’s Liens in BC
The present pandemic has created never before seen issues and challenges in the building industry. At HOM, we pride ourselves in always staying ahead of the curve and up to date with all legal issues that could arise for our clients.
The construction lawyers at HOM have over 100 combined years of experience in dealing with every facet of the construction law industry, having represented homeowners, developers, contractors, subcontractors, and suppliers. We can also deal with any facet of real estate development, from concept to sale.
Lorenzo G. Oss-Cech, our team leader in this area, has litigated countless matters in the construction industry. He, along with his then partners, were one of the first lawyers to start the “leaky condos” wave of litigation in the early 1990s. Our team of experienced litigators can help with every issue including, during and after construction disputes, builders liens, contract disputes, delay claims and issues of active concealment if you find undisclosed damage after you purchase.
At HOM, we understand that project delays can be costly and add unnecessary stress. We strive to resolve matters quickly and economically efficiently for all our clients.
Read more
The Impact of a Global Pandemic on Employment Contracts
Watch our latest video with Ascend Legal 101 where we discuss BC employment law in a changing world. With the COVID-19 pandemic still present, some people may be refusing to work due to concerns of unsafe work environments. Employment contracts have been impacted by the pandemic too. Listen to our chat to learn more about this topic as well as our professional opinions on the matter.
Our Video on The Impact of a Global Pandemic on Employment Contracts
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Choosing The Right Forum For Your Family Law Matter
A family law proceeding may be commenced in either the Supreme Court or Provincial Court, the latter often being referred to as “family court”.
Which of these “forums” you choose for your family law matter depends on several criteria, including:
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Safe Work Environments and Refusal to Work – BC Employment Law in a Changing World – Part I
Watch our latest video with Ascend Legal 101 where we discuss BC employment law in a changing world. With the COVID-19 pandemic still present, some people may be refusing to work due to concerns of unsafe work environments. Listen to our chat to learn more about this topic as well as our professional opinions on the matter.
Our Video on BC Employment Law in a Changing World
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HOM obtains $331,000 award for injured client then defeats ICBC’s attempt to reduce it.
HOM recently obtained a jury award of $331,000 in damages for a client following a motor vehicle accident (“MVA”), and then defended against ICBC’s attempt to reduce this award.
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Motorcyclist Tries to Pass Car in Wrong Lane, but Gets Swiped. Who’s At Fault?
When a motorcycle attempts to pass a vehicle by travelling in the wrong lane of travel and is side swiped by a vehicle they are passing, who is at fault?
In this week’s personal injury post, we wish to highlight the fact that liability assessments are often complicated and nuanced decisions that require considering the facts of the case carefully. In Postic v Demarco, 2020 BCSC 1950, a 2020 decision of D. MacDonald J., the court found split liability between a driver of a vehicle travelling east who struck the plaintiff motorcyclist that was trying to pass on the left. In this case, the plaintiff was travelling down Stewart Street in Vancouver and arrived at a line of vehicles. He came to a stop in the left most lane. He leaned over the centre line, saw that it was clear, and proceeded to cross over the centre line and drive down the road. As he was driving the wrong way, he came upon the defendant’s vehicle.
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COVID-19, Safe Work Environments, and Worker Compensation
The Workers Compensation Act provides workers with access to benefits for injuries or illnesses that they have suffered in the course of and arising out of their employment. In the right circumstances, a workplace condition can include an infectious disease such as COVID-19. The WorkSafeBC policy requires the individual to have part of their employment be a factor that increases the likelihood that they will become exposed to COVID-19. While this policy was likely drafted with hospital and medical staff in mind, it also likely includes grocery store clerks, pharmacy workers, truck drivers, and other essential workers.
The requirements for compensation under WorkSafeBC for COVID-19 are:
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What is future loss of earning capacity in injury cases in BC?
In personal injury claims (e.g. car accidents, slip and falls, medical malpractice, or sexual assault) there are different categories of compensation that a plaintiff can seek. A common claim is for loss of income earning capacity (i.e. the reduced ability to earn income because of someone else’s negligence). In the case of Grant v Ditmarsia Holdings Ltd, 2020 BCSC 1705, Madam Justice Wilkinson was evaluating a case involving a person who had suffered almost no income loss between the date of injury (February 10, 2015) and the date of trial (July 27, 2020) but nevertheless claimed loss of income earning capacity into the future. Wilkinson J. summarized the issue as follows:
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