In December 2023, the BC legislature enacted Bill 12-2023 Intimate Images Protection Act and the accompanying Intimate Images Protection Regulations. The purpose of the Act is to enable individuals whose private images, or likeness, have been shared, published, or made available, without their consent, regain control of the images and seek redress. The Act defines “intimate images” as: A visual, recording, or visual, simultaneous representation of an individual, whether or not the individual is identifiable, and whether or not the image has been altered in any way, in which the individual is o ..read more

As of last month, a new program is being offered by non-profit Community Legal Assistance Society (CLAS) and funded by the Federal Government. They will provide up to three hours of free legal advice to individuals who have experienced sexual assault. This program is open to all individuals regardless of age, gender, sexual orientation, or income level. Individuals who are accessing advice are not required to have reported the assault to police. This program is aimed at educating individuals who may be confused about if what they have experienced is sexual assault, and to assist individuals wh ..read more

In the dynamic and complex world of law, having a strong and capable legal team by your side can make all the difference. At Watson Goepel LLP, we take immense pride in announcing that several of our outstanding lawyers have been recognized as The Best Lawyers in Canada in the upcoming 2024 edition. This esteemed recognition not only underscores the exceptional skills and dedication of our team but also instills confidence in our clients as they navigate through their legal challenges. Our commitment to delivering top-tier legal services has been affirmed by the inclusion of some of our finest ..read more

It is an unfortunate reality that divorce, or a relationship breakdown, can occur when someone is going through personal injury litigation. The stress of being injured in an accident and missing work can often cause strain and tension in a relationship. In such cases, clients often wonder if their upcoming settlement will need to be shared with their spouse in a separation or divorce. Section 85 of the Family Law Act (the “FLA”) sets out what is considered excluded property, meaning, property that is not subject to division on a divorce or relationship breakdown. Section 85(1)(c) specifically ..read more

What is an NDA? An NDA is a Non-Disclosure Agreement, also referred to as a Confidentiality Agreement or “gag order.” It is an agreement in which one party agrees not to speak to any number of facts in relation to a particular incident, typically in exchange for compensation. The non-disclosure section is typically a smaller part of a larger agreement. Where did NDAs come from? Originally, NDAs were used in cases involving proprietary information or trade secrets. They were specifically designed to keep parties from entering into agreements that disclosed confidential information or materials ..read more

This article is part of a series of educational blog posts created by a team of Watson Goepel women lawyers in light of International Women’s Day 2023, to empower, celebrate, and encourage women in Canada.   Women continue to be statistically at a far greater risk of sexual violence in Canada. The Canadian Women’s Foundation summarizes statistics of gender-based violence in Canada. 30% of women aged 15 or older report experiencing sexual assault at least once. The rate of sexual assault against indigenous women is three times higher than among non-indigenous women. Mos ..read more

This article is part of a series of educational blog posts created by a team of Watson Goepel women lawyers in light of International Women’s Day 2023, to empower, celebrate, and encourage women in Canada. “Othering” refers to “viewing and treating a person or group of people as different from yourself and most people. Othering can lead to discrimination and prejudice against marginalized groups.”   Disclaimer:  The writer wishes to acknowledge that different aspects of a person’s social and political identity, including gender, race, sexuality, and disability, ha ..read more

When a slip and fall occurs on an icy sidewalk, if it isn’t the responsibility of a homeowner or commercial property owner, should the municipality be liable for the accident? Although municipalities are generally the owners of sidewalks, that does not necessarily mean they are liable for slips and falls that occur due to icy sidewalks. In fact, in most cases the municipality is not liable because decisions regarding maintenance of sidewalks are generally considered policy decisions. For example, in Knodell v. New Westminster (City), 2005 BCSC 1316, the City of New Westminster had a policy of ..read more

In our recent blog post, we discussed the rights and responsibilities of individual homeowners when accidents happen on an icy sidewalk. What about commercial property owners? Do they have different obligations and rights? In a recent case, Der v. Zhao, 2021 BCCA 82, the BC Court of Appeal commented that it may be easier to find that commercial property owners owe a duty of care to members of the public walking on sidewalks near their properties versus individual homeowners. The Court wrote: “… These [commercial property] owners invite the public to access their hotels, cafés, or other busines ..read more

Anyone who has lived through a winter in British Columbia (even relatively mild Vancouver) has encountered an icy sidewalk that was not cleared properly or at all. According to statistics from the Canadian Institute for Health Information (https://www.cihi.ca/en), falls on ice are the most common cause of sport and winter injury hospitalizations in Canada, with over 8,800 reported hospitalizations from 2019 to 2020. Given that such injuries are common and especially dangerous for elderly people or people with mobility issues, one would expect the law to have developed to encourage people to ta ..read more