August 25th, 2010
I am frequently contacted by people who are considering a separation from their husband or wife. I am often asked whether it is better to remain in their family home or to leave. There is no simple answer to this question.
The family home is the most valuable asset for many couples. The equity in the family home is often the major portion of the family’s assets. In the short term, if you leave, you will lose any personal benefit from this asset. You will no longer be living in what was probably a comfortable home and will be living in less comfortable accommodation while your spouse enjoys living in the home. Judges have the discretion to determine who may occupy the family home and when the home is to be sold. It could be several months or even several years before you experience any benefit from this asset.
The interests of children must also be considered. It may be better for the children to remain in the home and it may also be better for the children if their mother and father are no longer living together because of the tension in the home that is caused by a crumbling marriage.
Some couples argue about the arrangements for child custody. The parent remaining in the family home with the children will have the opportunity to set up living arrangements for the children that a court could be reluctant to disrupt. This can give that parent an advantage in a custody dispute.
You should discuss your particular situation with a family lawyer, in Vancouver or elsewhere in British Columbia to help you weigh the pros and cons of staying or leaving.
Posted in Family Law | No Comments »
August 25th, 2010
There are several options available to people seeking to immigrate to Canada. Most procedures begin with submitting an application for Permanent Residence in Canada while applicants live in outside Canada. Sometimes supporting documents are sent with the application and other times supporting documents are sent at a later date following notification from Citizenship and Immigration Canada.
Applicants often wait years to learn whether they will be permitted to immigrate to Canada. The wait is very frustrating and it can be difficult for individuals to plan their lives when they are not sure whether they will be living in Canada.
Immigration to Canada is controlled by the federal government, but many provinces, like British Columbia, are permitted to nominate people for Permanent Resident status in Canada. The Process is referred to as “Provincial Nominee Programs” or PNP.
The BC PNP often permits applicants and their families to live in British Columbia while PNP applications and federal Permanent Resident applications are being processed. To qualify, the applicant must be able to obtain work as a temporary foreign worker or have invested in a business in British Columbia in which they are working.
Many immigrants are attracted to British Columbia and particularly the Vancouver area. Contact a Vancouver immigration lawyer to see if you qualify for the BC PNP and to discuss the options for immigrating to Canada.
Posted in Immigration Law | No Comments »
May 14th, 2010
You may be invited to meet with an adjuster at a Claim Centre to inspect the damage to your vehicle, complete application forms for accident benefits and provide a statement. I recommend that you speak with a lawyer before meeting with the ICBC adjuster.
The Insurance (Vehicle) Regulations at section 73 require you to permit ICBC to inspect your vehicle and give written notice of “all available particulars” of the accident and your claim. Adjusters are trained to use this requirement to emphasize factors that hurt your claim.
For example, you will be asked many questions about the ownership and day-to-day use of the vehicle that you were driving which are not specifically related to the accident, and in my opinion, can not be considered particulars of the accident. The purpose of these questions is to allege that you have breached the terms of your insurance and are not entitled to coverage.
ICBC can deny your coverage without proving that you have breached the terms of your insurance. If you are responsible for the accident, you will have to repay any money to ICBC that they spend in relation to claims arising from the accident. You must sue ICBC for coverage if you do not agree that you have breached the terms of your insurance and this process can be very expensive and time consuming.
During your meeting the adjuster will type a statement for you to sign. The adjuster controls the tone of the statement and in effect puts words in your mouth. You may be nervous at this meeting and not fully able to appreciate the implications of the document that you are signing.
I recommend speaking with a lawyer before you meet with the adjuster to identify those issues in your claim that will be the focus of the statement prepared by the adjuster and manipulated to weaken your claim.
My clients do not have to attend an interview with an adjuster. I have all of the ICBC accident benefits application forms in my office and I can prepare your statement. You will only be required to attend at a Claim Centre to have your vehicle damage inspected.
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Posted in ICBC | 1 Comment »
