A property owner died leaving a will that provided for his common law spouse to receive, from his estate, only the increase in value of his property while the two were living together. This value amounted to a total of about 7% of the value of the man’s estate. Andrew sued to vary the will, alleging that given the history and nature of their relationship, she was entitled to much more as the spouse of the deceased. After a trial, the court agreed, and varied the will, increasing her share from approximately 7% to 50% of the estate.
A nice lady in her late 70’s was hit on a city street while walking in a cross walk with her dog. She suffered a hip injury that significantly disabled her for over a year. She did get back to walking her dog and being able to maintain herself and her home, but she required significant rehab assistance. Michael Yawney QC helped her arrange the rehab assistance and was able to resolve her claim without a trial for over $90,000.00.
It was an incredible night of fun learning with skillful challenges at the Okanagan Science Centre at the Mad Science Corporate Challenge on Thursday June 20. In one of the activities, teams were given 7 minutes to secure a team member to the wall and our Associate, Allison Jaquish, was our lucky candidate.
All proceeds went toward programmming at the Okanagan Science Centre.
Matt Goldie was referred to James by a former client. Initially he was involved in a serious rear-end collision accident which caused him significant disability in his low back. At the time of this first accident, Matt was working in construction and took almost two months off of work before returning to this heavy manual labour job. Upon returning to work, he discovered that he had excruciating pain in his low back, which greatly affected his ability to continue with the construction work. He managed to continue with his work but was limited in his physical abilities as he had to be very careful with his low back. James represented Matt and had set the matter down for a trial when unfortunately Matthew was involved in a second accident, which this time was a head-on collision. At this stage, Matthew was training as a welder, and this second accident severely set Matt back in terms of his ability to work and to continue with his training. The cumulative effect of both accidents caused him to be less able to be productive and efficient as a welder. While the accidents did not prevent him from working as a welder, they had the potential of limiting the length of his career and limiting the available employment opportunities that might have existed absent the accidents. ICBC did not provide what James considered a reasonable offer and so this matter went to a two-week trial in March of 2019. Ryan Irving (Partner) was co-counsel with James in conducting the trial. ICBC took the position that Matthew’s low back pain was not connected to his first accident because there was a delay in his discovering his back pain after the first accident. The trial judge found that this was in fact an injury caused by the first accident based in part by the expert testimony of a spine specialist retained by James who assessed Matt. At the end of the day the judge awarded over $400,000.00 to Matt for his losses arising from these two accidents.
Michael Yawney QC was asked to help a middle aged man on disability that was involved in a t-bone collision with a young driver that had pulled onto Hwy 97 in front of their vehicle. The young driver did not have the right of way and his sudden action caused a significant collision. The man suffered a broken leg and a concussion in the collision. Mr. Yawney assisted the family with arranging occupational therapy, physio, in home care and other services. With this help the man made a significant recovery from his injuries. The claim was resolved after mediation before trial for over $200,000.00 plus costs.
A physiotherapist from the North Okanagan referred a university student to Michael Yawney QC to help her with a claim for soft tissue injuries suffered in a motor vehicle collision with an out of province vehicle. The young lady had to endure physical pain and limitation while trying to complete her university studies, including a Master degree course of studies. Although she recovered to some extent, she had some permanent limitations in terms of her activities. Mr. Yawney was able to resolve her claim after mediation for $450,000.00.
The Deceased, a member of the Okanagan Indian Band, left a will dividing the residue of his estate between five people, some of whom were not members of the Band. Part of the estate consisted of interests in properties within the Okanagan Indian Reserve. The beneficiaries reached an agreement between themselves providing for the sharing of income generated from the Reserve properties. After many years, disputes arose between the member and non-member beneficiaries, and the member beneficiaries were sued for breaching the agreement. Andrew Powell, with Tom Christensen, argued successfully that the agreement was void and unenforceable for offending the Indian Act and the common law, resulting in the case against their clients being dismissed.
Casimir v. Parker, 2019 BCSC 939 (June 12, 2019)
A woman in her early 40’s was referred to Michael Yawney QC to assist her with an injury claim resulting from a collision on Hwy 97 north of Vernon where a truck and trailer from Ontario pulled onto the highway in front of the woman’s vehicle, without warning and without the right of way. The resulting collision caused the woman’s car to become air borne and roll over. She thought she was going to die. She suffered a mild brain injury and soft tissue injuries in the collision, as well as PTSD. Driving was difficult after the collision. Mr. Yawney was able to convince the out of province insurer to admit liability and to resolve the claim months before trial for $1,050,000.00 including costs. He also assisted the woman in obtaining her own insurance coverage for accident benefits, and secure medical and rehab payments under that policy going forward.