When a resident of B.C. dies without a will, administration of their estate typically falls under the Wills, Estates and Succession Act (WESA). However, if the person was ordinarily resident on an Indian reserve or crown land at the time of their death, their estate is subject to the laws of the Indian Act.
It means the deceased normally resided on an Indian reserve, however, they didn’t necessarily need to be living on a reserve at the time of their time.
If there’s uncertainty about their resident status, Indigenous Services Canada (ISC) can make this determination with a death certificate. ISC is also responsible for probating the person’s will with approval from the Canadian Minister of Indigenous Services.
ISC can usually reach a determination without going to court. However, if the situation is complicated, witnesses may have to testify and the minister will review the file. Some cases may reach the B.C. Supreme Court.
Recently, Hammerco Lawyers held the airline giant Cathay Pacific accountable in a class action win affecting over 9 million passengers.
Partner, Dale McGregor, helped our client previously for a tragic 2008 motorcycle collision that ended her working life. In 2015 and 2016 she was then involved in two further collisions that left her even more disabled.
On May 1,2021 ICBC is enacting a new no-fault insurance model. This model is referred as an “enhanced care”, individuals involved in car accidents in British Columbia will no longer be able to sue for injuries.
Insurance brokers have a duty to give sound insurance advice. In a commercial insurance context, brokers are required to know the in/out of a clients’ business in order to source and secure the proper insurance coverage.