Head on Collison resolves for over $1,000,000 plus costs

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The mother of a 17 year old Kelowna student retained Michael Yawney QC to help her daughter with a claim from a head on accident on Hwy 33 east of Kelowna. The defendant driver was driving too fast for the winter road conditions and crossed the centre line into the client’s lane of travel injuring her spine which required surgery and the placement of hardware in her back. The injuries from the collision had a significant impact on her career plans and her ability to complete her post secondary schooling. At mediation months before a scheduled trial, Mr. Yawney was able to resolve the claim for over $1,000,000 plus costs.

Soft Tissue Injuries results in $123,000 settlement

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Mr. Yawney was retained by a middle aged Okanagan woman who suffered soft tissue injuries in a rear end accident. The client’s past medical history showed prior problems that were aggravated by the injuries in the accident. Michael Yawney QC and fellow partner Allyson Edwards were able to resolve the woman’s claim short of trial for over $123,000.00.

Whiplash type injury settles for over $120,000

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A Calgary man in his late 40’s was rear ended on the Island Highway on Vancouver Island. His minivan had what appeared to be minor damage, but removing the bumper showed more damage than expected. He suffered a whiplash type injury that impacted his functioning for several months, requiring physio, massage and chiropractic treatments. A Calgary lawyer referred the client to Michael Yawney QC to pursue his claim. The client had suffered soft tissue injuries to his neck and back which limited his recreational and home maintenance activities, but did not affect his industrial sales job. Mr. Yawney was able to settle the claim for over $120,000 in addition to pursuing the benefit insurer to cover ongoing care costs.

Hit & Run resolves for $530,000

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A man in his 70’s was hit and run over by a motor boat on a local Okanagan lake and retained Michael Yawney QC to represent him with his claim arising under federal marine liability legislation. The poor man suffered severe scalp lacerations, a concussion, various cuts and a broken arm and wrist. Although he was retired, he had an active life that was significantly impaired as a result of his injuries. Mr. Yawney was able to resolve his claim, without a trial for over $530,000.00.

Complex Claim in Multi Vehicle Collision, Resolves for over $1.5 million

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Michael Yawney QC, was asked to represent a female passenger of a vehicle that was hit at high speed on Hwy 97A north of Vernon, BC.  Multiple vehicles were involved in the collision, including a transport truck.  
The woman suffered multiple injuries that required surgeries and a long and extensive rehab program. The client, who owned a working farm with her husband, and who also trained and sold high end show horses, was not able to go back to work or continue most of the usual activities she enjoyed prior to the collision. Her life was turned upside down by debilitating chronic pain and limitations. 
Just prior to trial, Mr. Yawney was able to resolve the complex claim for over $1.5 million, including costs.

Insurer of Alberta Vehicle in Collision Pays $1,100,000.00

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A Salmon Arm man in his early 50’s was seriously injured when an Alberta driver was going too fast around a corner on Hwy 1 West of Salmon Arm, BC, and collided head on with his vehicle. He had to be extracted from his vehicle by firemen after the collision, and taken by ambulance to hospital where he had to endure multiple surgeries.
He was referred to Michael Yawney QC, by a friend, to assist him in dealing with his injury claim.  After a lengthy rehab, and more surgeries, it was apparent that he would be unable to return to his job. His capacity to work had been significantly diminished.  Mr. Yawney was able to push the claim forward quickly and get it resolved just over two years after the collision occurred, forcing the insurer of the Alberta vehicle to pay approximately $1,100,000.00, including costs.

Vehicle Written Off in Collision, Claim Settles Prior to Trial

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Michael Yawney QC and partner Allyson Edwards took on a claim by a gentleman in his late 50’s, whose vehicle was written off in a collision on Hwy 97.  The man suffered soft tissue injuries that aggravated prior health issues, including back problems.  The defendant’s insurer labelled him as having “pre-existing conditions” and refused to be reasonable. 
Mr. Yawney and Ms. Edwards were able to settle the claim for a fair amount a few months before trial. 

First Time Home Buyer Checklist

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Written by: Tracy Knight, Associate

The process for purchasing property can be complicated, but do not panic. This post is for you as the purchaser to give you an overview of what you will need to do.  First, the disclaimer:  There are hundreds of parts to a real estate transaction.  This means there are hundreds of ways your purchase could go sideways or fall under one of many applicable rules and regulations.  So, use this checklist for reference, but do not forget to call us – usually the earlier the better – so we can keep the transaction on track.   
It is as easy as 1-2-3…  (sort of). 

  1. Contract.  This is a crucial document for your purchase.  If you are working with a realtor, they will help you with this contract.  If you have sketched out an offer and are planning to do this on your own, please call us.  It is imperative that this piece of paperwork be correct, as it is the road map for the whole transaction.  The devil is in the details.  Your contract should clearly set out who is doing what and who is getting what, when, where, and how.  Conditions are an important element of a real estate contract.  The contract is not a document that should be signed without a review.   

  1. Due Diligence.  This means checking into what you are buying to make sure (a) that you are purchasing what you mean to be purchasing; and (b) that you are able to fulfill your obligations (i.e. to pay the money) under the contract. If your contract is correctly prepared, it will allow for you to carry out a number of due diligence steps, including, for example:    

    Title Review. Check the title of the property to see what is registered and make sure there are no surprises.  There may be an easement granted to your neighbour allowing your neighbour to walk across a certain portion of your property at any time in order to access something on the other side. There could be a restrictive covenant that gives a laundry list of all the things not allowed on your property.  There may be bylaw infraction notices on title.  There may be builder’s liens (someone was not paid).  The potential issues are too extensive to list.  Call us for this step.  We can obtain a copy of the registrations on your title, let you know what is there (in plain English) and you can decide whether you are comfortable with restrictions on title or if it warrants getting out of the purchase. 

    Zoning/Bylaws. Check the zoning and bylaws that may apply to the property and your intended use of the property.  For example, if you are purchasing a home with a carriage house for short-term vacation rentals, check into the rules and regulations about the vacation rentals.  Kelowna is in the process of developing regulations.  Other cities and towns considering similar steps.   You should start by asking questions about the property at City Hall.  If you require further direction or questions arise, talk to your lawyer.

    Inspection. Get a home inspection.  The inspection report will alert you to visible deficiencies or areas of concern within the home.  Home inspections have limitations on what is disclosed and so it is important to speak candidly to the inspector about those limitations.  If you suspect structural defects in the home, for example, you will likely want to have a qualified industry professional give you their opinion.  Ask questions and obtain the information you need to ensure you know the state of the property you are purchasing.  

    Other Possibilities. Have special amenities, tanks, and appliances checked.  For example, if your home-to-be uses a well for water, have the water and water levels tested.   If the home uses a septic tank, make sure it is functioning and find out if it needs to be emptied.  You may also want to ask about heating, hydro, and other utility bills.  

Insurance. Make sure you can get insurance on the property. Call an insurance broker and make the inquiry.  Keep in mind that your mortgage lender will not approve the financing if there are issues with obtaining home insurance. 
Financing.  Be certain you will have the funds required to complete the purchase. This means you need your financing approved or you need the cash in hand.  

      a. See your mortgage person in advance, so that you understand how much time it takes and so that you know your budget.  Make sure you have a financing approval and commitment from a lender before removing the financing condition of your contract.

      b. Have the down payment in an accessible form so that it can, at the  right time, be transferred to your lawyer.  Your lawyer typically requires a bank draft.

      c. Understand the closing costs.  When you buy a home, there are a number of extra expenses that often are left out of the calculation and can result is shortfalls:

1. GST.  If you are buying new, there will be 5% added to the purchase price for GST.   There are other circumstances when GST is payable, so it is an expense to watch for and find out about.   It may seem nominal, but remember that a $500,000 new home would have GST payable in the amount of $25,000.00

2. Property Transfer Tax. If you do not qualify for an exemption, you will pay Property Transfer Tax, which we commonly refer to as PTT.  Very generally, PTT is 1% on the first $200,000, 2% on the portion of value between $200,000 and $2.0 million, and 3% on any amount higher than $2.0 million.  There are certain classes of exemptions or partial exemptions, including one for first time home buyers if you meet certain conditions.

3. Adjustments.  Your purchase price will take into account expenses that flow with the property.  An example of a common adjustment is property taxes (not to be confused with PTT) that are paid every year.  The property taxes are paid in July but they are for the whole year, from January to December.  So, if you move in after July, the seller will have paid the property taxes for the whole year even though you might own the home for almost half of that same year.  To address this unfairness, your lawyer will calculate an adjustment. Your portion of the property taxes (from possession date onward) will be added to the amount you have to pay the seller.  *Keep in mind that the reverse is also true – if you move in prior to July, you will have to pay the property taxes for the whole year but you will have received a credit from your purchase price for the amount the seller ought to have paid. Other adjustments may be a city utility account, strata fees, or rents if there are tenants in any portion of the property.
4. Legal Fees.  Talk to your lawyer or notary about the fees to complete the property purchase. 
All of the previously noted due diligence is contained within your (properly drafted) contract as “conditions” or “subjects”.  There is a deadline to either satisfy the conditions or waive them.  If you do nothing prior to the condition removal date, the contract simply dies.  If you are satisfied with the conditions, or not quite satisfied but going to “live with it”, then you have to remove the conditions in writing by the deadline, at which point you have a binding contract.  Sometimes, there is some negotiation or tweaking of the terms of the contract in order to satisfy the conditions.  This part of the contract is technical and you should consult with your realtor or a lawyer.  Use your real estate professionals to ensure your contract becomes binding after the due diligence is complete.    

  1. Pay the Purchase Price and Complete.  For the lawyer, this is the most complicated part of your transaction.  For the client, it is usually as simple as confirming home insurance, bringing in funds, and signing documents.  Your lawyer will work with your lender, your realtor and you in order to obtain the financing terms from your lender, calculate all of the closing costs, obtain strata documents, prepare land transfer documents, and prepare mortgage registration documents.  When acting for the purchaser, the purchaser’s lawyer also prepares the documents for the seller to sign with the seller’s lawyer.

    The legal documents to transfer the property into your name have to be signed with a lawyer or notary and so it is generally not a good time to leave the country.  To prepare for your signing meeting with the lawyer (likely to be a few days before closing):

         a. You will need two pieces of identification.  One must be government issued with a photo.  The other should be government issued or a credit card.

         b. You will need to have spoken to your lawyer’s office in advance so that you know the amount of money to bring in a bank draft (it is the amount after we calculate the down payment and adjustments needed to pay to the seller)

         c. Be prepared to spend 30 – 60 minutes with your lawyer for signing.  

Finally, we reach the closing day.  The legal steps on closing day are complex.  The purchaser receives the funds from a lender.  Lenders require their mortgage be registered on the property title and want the purchaser to pay the price when the land is transferred.  The seller, however, needs the payment to remove the seller’s mortgage from the land before transferring.   The exchange of funds, documents, registrations, and releases occurs hurriedly on the closing day in a particular way to address the standoff that would otherwise occur.  Usually by mid-afternoon on the closing day, your lawyer’s office or the realtor will call you to confirm that the purchase is complete.  Congratulations, you are a homeowner!

Accident on HWY 97 Resolves for over $450,000.00

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A career woman in the auto industry in her late 40’s was side swiped and forced into a concrete median on Hwy 97 when a large suv swerved into her lane unexpectedly.  She suffered back and neck injuries and was having difficulty recovering from her injuries. She was referred to Michael Yawney QC, by friends,  to help her deal with the defendant’s insurer that was not paying for rehab or wage loss. 
Mr. Yawney, after a hard fought claim, was able to resolve the matter before mediation for over $450,000.00 including costs.

Restaurant Owner Suffer Injuries, Resolves Claim for over $400,000.00

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A take out food restaurant owner from Kelowna was injured when his vehicle was struck by another vehicle on the streets of Kelowna.  He was referred to Michael Yawney QC by friends.  He suffered debilitating neck and back injuries that impacted his ability to carry on his restaurant business. The claim was vigorously defended by the defendant driver’s insurer, which claimed that the man’s business wasn’t making any money anyway. 
The matter was scheduled for trial, but Mr. Yawney and fellow partner Ryan Irving were able to resolve the claim at mediation prior to trial, for over $400,000.00.

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