Come to MacMillan Tucker when you want your case to be handled by a group of professional and experienced lawyers. For over 40 years, we have been offering dependable legal services to clients in Surrey and the surrounding area. Our team has the expertise to handle cases related to personal injury, wills and estates, family, estate disputes, real estate and mortgages, civil litigation, corporate issues, commercial and notary. Please go through the law articles below to learn more.
Speedy Gonzalez was driving his car and going straight through an intersection. Lefty McNish was heading towards the same intersection in the opposite direction. She, unfortunately, decided to turn left right in front of Speedy. Speedy collided with Lefty’s car and he was injured.
Don’t Let Anyone Drink and Drive! – By Cassandra Douma
Insured Ingrid and her friend Sloshed Steve went to a co-worker’s house for some drinks. They had arrived together in Insured Ingrid’s car, and Sloshed Steve had told them that he would drive it home at the end of the night. Insured Ingrid and Sloshed Steve had a number of drinks together as the evening progressed, and Insured Ingrid proceeded to become quite intoxicated.
Risky Business – By Corey J. Bow
This month’s case is about the risk of going to trial versus settling your case. In this case, the plaintiff was injured in an accident and was about to go to a trial. It was not the usual type of trial as it was going to be a trial with a jury. These cases are always more risky and difficult to predict the outcome.
Sign, Sign, Everywhere a Sign – By Corey J. Bow
The plaintiff in this very important BC waiver case was an avid snowboarder from Australia. He was visiting and working at the Whistler Mountain Resort but was catastrophically injured while snowboarding on Grouse Mountain. He was snowboarding in the Terrain Park and attempted an advance level jump. He landed badly and was rendered a quadriplegic. He started a lawsuit against Grouse Mountain claiming breach of contract and that the Mountain was negligent. He also claimed that they failed to keep the Mountain safe for its users.
Timber! – By Cassandra Douma
Careful Carl was driving to a friend’s house through Stanley Park. It was a rather stormy night, and as he proceeded, a tree suddenly fell onto the road. Careful Carl swerved to avoid the fallen tree but hit Motorist Mary’s vehicle which had been travelling in the opposite direction.
Motorist Mary was injured and sued Careful Carl for damages, alleging that Careful Carl was negligent in swerving into her lane.
WILLS & ESTATES:
Planner Polly did not want her estate to have to pay probate fees (tax) when she passed away. So, she did what many do to avoid these fees: she added her son, Oblivious Ollie, as a joint tenant on title to her home. At the same time, Polly did a new Will, which included a statement confirming that she intended to add Ollie as an owner of her assets with the intention that those assets would belong to him upon her death.
Foster Farley was a much-loved member of his foster family. To the end of his life on this earth, he was surrounded by and cared for by his foster siblings, with whom he had grown up since the age of 3. Farley was always treated as a full child by his foster parents, and even shared equally with his foster siblings in his foster mother’s estate when she passed. He knew nothing of his birth family, and at his date of death, his closest blood relatives were a birth aunt and niece in Switzerland, with whom he had no relationship. Farley died without a will, so his estate was destined for the Swiss relatives.
Alex and Ashley had a 30-year spousal relationship before they separated. It seems, however, that Ashley was not done with Alex. After their separation, she chose not to change her existing will, which left everything to Alex. She met with her lawyer over a number of months following the separation, to prepare a separation agreement and discuss her estate plan. Ashley’s friend suggested that she change her will, but she specifically stated to her lawyer that she did not want to do so and that she wanted Alex to receive her estate. In fact, she changed her power of attorney and representation agreement but chose to leave her will as it was.
Julius Caesar returned to Delta, BC in 2019, after living abroad in Italy for nearly 50 years. His return had been facilitated by his nephew, Octavian after his uncle began to suffer the worsening onset of dementia. Prior to his return, Octavian had assisted his uncle by managing Julius’ finances and his medical care in Italy. Julius executed a Power of Attorney in 2015, naming Octavian as attorney.
Don and Debra lived together in unwedded bliss for almost ten years. When they started to live together, neither of them had much money, but they were able to purchase a home of their own with basically no money down. The property and mortgage had to be put into Don’s name only as Debra had some credit problems. They both took a lot of pride in their home and over the course of their ten-year relationship, they both put a lot of hard work and money into the property, including renovating and making regular lump sum mortgage payments. After about ten years, the home had tripled in value from when they had initially purchased it and the mortgage was paid off in full.
Claire left a will that she did not update after she separated from her husband. Upon her death, litigation ensued to try to sort out who should take on the executor’s duties and who should receive her estate. Rather than have a judge decide the matter, a settlement agreement was reached, where Claire’s late husband’s niece, Administrator Annie, would take on the executor’s duties (as an administrator) and the estate would be split 55% to her, and 45% to Claire’s nieces and nephews.
Magnum and Higgins started dating and fell madly in love. Higgins owned a beautiful home in Cloverdale that she had had for many years. Despite being advised by her friends and family to get a Prenuptial Agreement, Higgins and Magnum got married. Magnum proceeded to move into Higgins’ home. Higgins continued to pay for everything for the home, including the ongoing mortgage payments and property taxes.
Conscious Un-coupling and Re-coupling and Support - By Stuart D. Robertson
Will and Grace were married for 25 years and had 2 children together. Grace gave up her job as an administrative assistant to stay at home with the children while they were young. Will continued to work at his job at ABC Incorporated throughout the marriage, where he worked his way up the corporate ladder to become Vice-President.
That’s All I Can Stands, ‘Cause I Can’t Stands No More – By Stuart D. Robertson
Popeye and Olive were together for several years before they separated. They had one child together named Sweet Pea. After a lengthy court battle, it was decided that Sweet Pea would live with Olive full time. At the time, Popeye had a great job as a spinach salesman. Popeye began paying support to Olive in cash. This continued for a couple of years until Popeye got sick of spinach and quit his job. Instead of trying to find a job right away, he decided to do some travelling. His travels quickly depleted his savings and he started going into debt trying to keep up with his child support payments. Eventually, he started missing payments.
REAL ESTATE & MORTGAGES:
The three Billy Goats Gruff (“Goats Gruff”) lived in Pitt Meadows on a property that was too small to provide them with enough grass to eat. In 2013 they purchased a property in Langley which had a greater abundance of grass. To purchase the property, they borrowed 1 million dollars from their friend Mr. Troll, who lived under the Golden Ears Bridge, and who operated a lucrative tolling business.
Don’t Make a Costly Mistake! - By Cassandra Douma
Barry Buyer was in the market to purchase a new home. Susy Seller had her home on the market, and after Barry viewed the property he made an offer which Susy accepted. The contract was subject to Barry obtaining financing and an inspection within 60 days. The contract also incorporated a Property Disclosure Statement (“PDS”) that Susy had completed about the condition of the property.
Little Red Riding Hood vs. the Big Bad Wolf - By Tyler B. Dennis
Little Red Riding Hood (“Little Red”) and her Grandma owned a house in rural Cloverdale that they were renting out to the Big Bad Wolf (“Wolf”). During a property inspection by Grandma and Little Red they found that unknown to them, Wolf had three sub-tenants, the Three Little Pigs, living with him.
Home Sweet Home? - By George Gunnink
All Mary and her husband wanted was a place to live for the rest of their lives. That’s what they told Mary’s daughter and son-in-law when they gave the kids $150,000 to help them to buy a home with a suite that Mary and her husband could live in. At the time, they decided that they did not want to go on title to the home and, trusting that they would all get along, they did not put their agreement in writing.
Tough Sell – By Cassandra Douma
Seller Susie decided she wanted to move to a smaller home and put her house up for sale. Buyer Barry made an offer on Seller Susie’s house at the asking price of $950,000 which Susie Seller accepted. Buyer Barry paid the required deposit of $50,000 and removed the subjects included in the contract.
old bylaws and new bylaws – By Tyler B. Dennis
Old MacDonald had a farm located just outside Victoria, B.C. In or around January 2019, Old MacDonald purchased a piece of bare land located outside Duncan, B.C., that was part of 27-unit bare land strata. Old MacDonald intended to construct a cannabis production facility on the newly purchased bare land. At the time of purchase, the zoning bylaws and strata corporation (the “Strata”) bylaws did not prohibit licensed commercial cannabis production on the bare land.
Betty Buyer needed a new car. She approached Shady Sean, a local car dealer, to see if he had any vehicles in stock which would suit her. Betty, who was not very knowledgeable about cars, was looking for a reliable vehicle that she could use to commute to work in Vancouver. She also wanted something with good fuel economy, given recent trends in gas prices. Sean told her he had exactly what she was looking for and showed Betty the new Acme Adventure he had in stock. Sean assured Betty that as the car was new and Acme was a great manufacturer she would have no issues.
What would you do if you were the Judge? Judges decide the facts based on evidence put before them, and then apply the law. Here is a fact pattern. How would you decide who was at fault? Fact patterns similar to this one are often presented in court and assessed by Judges. Test your judgment!
CORPORATE & COMMERCIAL:
Employee Elliott worked at a pet store in Cloverdale owned by Bob Boss called Pets-R-Us. When Employee Elliott started at Pets-R-Us, he was asked to, and he did, sign an employment contract. The contract contained a clause which stated that when Employee Elliott left Pets-R-Us, he would not open up or work for another company that was in the business of selling pets, pet accessories, or pet food in the Lower Mainland for a period of ten years after his departure.