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Top Ten Tips for Getting More From Your Lawyer...For Less

There are times when no matter how resourceful you are, your legal problem is so complicated or distressing that it makes sense to hire a lawyer to help. Everyone knows that lawyers are expensive, but what most people realize is that you can maximize your lawyer's help and minimize your legal bills by heeding a few simple tips:

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Settling an order in the BC Supreme Court

So you have to “settle an order” and you have no idea what that means.

 

Rule 41(18) of the Rules of Court, B.C. Reg. 221/90, provides:
An order shall be settled, when necessary, by the registrar, who may refer the draft to the judge or master who made the order.

 

The procedure for settling an order is set out by Dunn, McCallum & Turiff, in “Practice Before the Registrar” (British Columbia: CLE, looseleaf).

 

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Filing documents in the Supreme Court of British Columbia: when are backing sheets required?

Michael Dew is a Vancouver lawyer who practices in all areas of civil litigation (including ICBC cases) and criminal law. Click here for contact information and further details about Michael’s practice.
 
Introduction
If you are a law student or young lawyer, you may have wondered about those sheets with the sideways writing on them that are sometimes attached to the back of documents filed in with the British Columbia Supreme Court. What are they, why are they printed sideways, and when exactly are they required? This article provides brief answers to those questions.
 
Backing sheets are not dealt with in the Rules of Court, B.C. Reg. 221/90.
The mysterious sideways printed documents are called “backing sheets”; because they are attached to the back of documents filed with the court.
 
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Preemptory & Peremptory: misused and confused words!

Michael Dew is a Vancouver lawyer who practices in all areas of civil litigation (including ICBC cases). Click here for contact information and further details about Michael’s practice.
 
Introduction
The purpose of this article is to explain the meaning of and distinguish between the words preemptory and peremptory.
 
Everyday usage / common meanings
The common usage or everyday meaning, as opposed to the legal meaning, of each of the words is as follows:
 
Preemptory (also spelled pre-emptory) [pree-EMP-tor-ree]
Preemptory is defined as pertaining to preemption. To preempt is to take action in order to prevent (an attack or other anticipated event) happening; or to forestall.
 
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Life expectancy in British Columbia

Michael Dew is a Vancouver lawyer who practices in all areas of civil litigation (including ICBC cases). Click here for contact information and further details about Michael’s practice.
 
There are a number of situations in which courts in Canada may need to determine life expectancy for a particular person. For example, a stream of payments under pension may be a family asset which needs to be divided between the spouses when a division of assets is done upon the breakdown of a marriage, and the value of the asset will depend on the life expectancy of the spouse receiving the payments.
 
In some cases the litigants will lead expert evidence on life expectancy, especially where the life expectancy of the relevant person will not be similar to that of an average person of their age e.g. in serious personal injury cases.
 
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