Navigation
Follow us to discover the latest in the legal world.

The legal landscape has changed as a result of Covid-19. While the global pandemic has been incredibly disruptive, the legal community is using the tools available to effectively move matters through the court system despite serious challenges. Likewise, the Court is embracing these changes, as illustrated in a recent case. 

The central issue in Kasatani v. Matsubara 2020 BCSC 1960 was the validity of a will.  This specific court application was heard before Mr. Justice Gomery by teleconference regarding the question of whether use of video conferencing technology services (such as Zoom) would be appropriate given that the Plaintiff wished to appear by videoconference. Ordinarily, the Plaintiff, being the central witness at trial would be required to attend in person to give their evidence. 

Unfortunately, the Plaintiff in this case was residing in Tokyo and likely unable to travel to Vancouver for trial in January 2021 due to COVID travel restrictions. On the Plaintiff’s application under Evidence Act, s. 73(2), the court permitted her to give her trial evidence by videoconference including the presence of the interpreter in courtroom in Vancouver. 

The Defendant vigorously opposed the motion of the Plaintiff on the basis that in the circumstances, having the Plaintiff appear by videoconference and using an interpreter in Vancouver would be “contrary to the principles of fundamental justice”.

However, the Court found that video conferencing was now commonplace in the Court system and judges were accustomed to making determinations of credibility and reliability while using this technology. 

More News & Resources

June 6, 2022

Partner Krista Simon and Associate Rosy Arora successfully secured over $587,000 in a judgement for compensation for a young woman who sustained physical and cognitive injuries in a car accident on December 12, 2016.

June 1, 2022

Hammerco Lawyers is investigating allegations of sexual assault by one or more corrections officers at the Fraser Valley Institution for Women in Abbotsford between 2005 to 2020.

March 18, 2022

Hammerco Lawyers is working within the civil legal system to hold the Fab Skin Clinic and its employees accountable for the trauma and harm they have caused the patients who underwent treatment at the clinic.

February 25, 2022

It is with great sadness that we announce the passing of our dear friend, colleague, and partner Mel Beaton following a battle with cancer.