The BC Supreme Court recently considered whether a lawyer who failed to prepare his client’s case for trial should be granted an adjournment of the trial. In Raniga v. Poirier 2020 BCSC 780 the plaintiff was injured in a motor vehicle accident and sued Mr. Poirier, who had admitted liability for the accident, which occurred in 2015. The plaintiff filed the claim in 2017 within the limitation period, and had retained counsel shortly after the…

A family arbitration case from Ontario raises several interesting issues for arbitrators and counsel alike. In Giddings v. Giddings, 2019 ONSC 7203 a couple entered into mediated Minutes of Settlement after several years of litigation. One of the terms of the Minutes was that an appraiser would be retained to appraise certain real property and if the parties could not agree on the division of the property, an arbitrator would deal with the issue of…

It is not unusual for parties in high conflict divorce to use social media, such as Facebook, to gain support for their cause or vent their frustration with their spouse or the court system, particularly when children are involved. In Butchart v. Pannell 2019 BCSC 599 Mr. Pannell complained to the court of his wife’s Facebook posts where she referred to him as a “deadbeat dad” and aired their divorce issues, arguably undermining his reputation…

In 2014 Pieter Verbeek, an Ontario lawyer called in 1984, acted for a client in a construction lien matter and in the course of his retainer, contacted a contractor who had failed to pay his client’s bill. He corresponded with the contractor but on instructions from his client turned the matter over to a collection agency and ignored later telephone calls from the contractor. Several months later the contractor received collection agency letters, and believing…

George Dooley, of Nova Scotia, came to court seeking to be relieved of his monthly spousal support obligation, which came into effect in May 2014, to his ex-wife, Bernice Dooley. The Dooley’s had been married for 34 years, and at the time he sought to vary the spousal support of $5,000 a month, each of them was in their mid-sixties. Dooley v. Dooley 2020 NSSC 109 Mr. Dooley alleged four material changes in his circumstances,…

Joan and Michael Beninger have occupied considerable court time in British Columbia and are notable frequent flyers in British Columbia courts dating back to 2000. With ten reported cases, including three in the Court of Appeal, they have likely spent a small fortune litigating spousal support, most recently in 2019. In Beninger v. Beninger 2019 BCSC 366 the court entertained an application by Mr. Beninger who sought to terminate spousal support. His former wife cross-applied…