Cote & Evans Trial Lawyers

Cote & Evans Trial Lawyers Litigation lawyers.

Since opening its doors in 2015, Cote & Evans Trial Lawyers has provided efficient and effective legal representation for individuals, families and organizations in the Lower Mainland. Our experienced team draws on its strong reputation in the legal community, and has successfully argued cases at the Provincial, Supreme and Appellate levels.

11/05/2020

In a ruling released today, the Court confirmed that parties seeking an annulment are ill-advised to proceed by way of the "desk order" process that is common for divorces. The decision underscores the important evidentiary requirements for an annulment, and that the court must come to the conclusion that the facts necessary to grant an annulment have been proven, notwithstanding the wishes of the parties. https://www.bccourts.ca/jdb-txt/sc/20/15/2020BCSC1588cor1.htm. Further information on annulments can be found on our website: https://coteevans.ca/practice-areas/family-law/separation-divorce/

[1]             The parties apply for annulment of their marriage, by way of what is commonly referred to as “desk order”, that is, an application that is presented to the court, with supporting application and affidavit materials that are intended to demonstrate that the judgment an...

It's unfortunate to see people continuing to fall victim to scams involving fraudsters impersonating lawyers and asking ...
09/16/2020

It's unfortunate to see people continuing to fall victim to scams involving fraudsters impersonating lawyers and asking for bail money/legal fees on behalf of a relative. They can be very effective because (1) a person in custody often can't communicate with anyone besides a lawyer, (2) they very well may need bail money on short notice, and (3) it can be difficult to verify the relative's situation.

https://www.cbc.ca/news/canada/british-columbia/grandson-scam-nanaimo-rcmp-1.5726229

In addition to the tips mentioned in the article, if you get a suspicious call from a person claiming to be the lawyer of a relative, you should:

- look up the lawyer on that province's online lawyer directory; if the number they are calling you from is different from their online information, call their office at their directory number to confirm;

- the lawyer will know your relative's full name, date of birth, occupation, address, and other personal information they will have obtained during their initial interview. If the lawyer does not offer the name of your relative, and simply says your "grandson", be very cautious about volunteering this information, and instead ask the lawyer the name of your relative;

- check Court Services Online (in BC) to see if there is a charge. While a recent charge may not be on there, by the time it's set for bail hearing, it should be visible for most types of charges. You could also contact the court registry or Crown counsel office to see if there is a case involving your relative;

- for the bail money, ask the lawyer if it's possible for you or another relative to bring the money directly to the courthouse. This is always an option, and any real lawyer would have no problem with it; if the person tells you that the bail money must go through their office, that is false and very suspicious.

Police are warning the public after an elderly woman in Nanaimo, B.C., lost $14,000 to scammers pretending to help her grandson early this month.

07/16/2020

For anyone wondering why they would need a lawyer when dealing with ICBC, Madam Justice Iyer's closing comments in Khashei v. Pirro provide some insight:

[127] Before concluding, I want to comment on the position taken by the defence in this case, particularly with respect to Mr. Khashei’s loss of earnings. A sophisticated party such as a public insurer, ought to take positions that in some way derive from the evidence. There was absolutely no foundation in this case for the defence position that Mr. Khashei would be completely recovered and back at his steel fabrication job in two years’ time, nor its position that he failed to mitigate his damages when he was let go in January 2019. No alternative arguments were advanced. Such a strategy deprives the court of helpful submissions and it runs counter to the goal of facilitating settlement.

[127]     Before concluding, I want to comment on the position taken by the defence in this case, particularly with respect to Mr. Khashei’s loss of earnings. A sophisticated party such as a public insurer, ought to take positions that in some way derive from the evidence. There was absolutely...

ICBC has announced that insurance premiums will be increased for drivers who have received certain traffic tickets. Thi...
06/07/2019

ICBC has announced that insurance premiums will be increased for drivers who have received certain traffic tickets. This is yet another hidden/surprise cost to motorists who receive traffic tickets. Drivers already face Driver Penalty Point premiums, potential prohibitions, remedial programs, and other consequences that are not disclosed on the face of the ticket. Before paying the ticket, we recommend you call us for advice about the true cost of the ticket, as well as your legal rights and options in responding to it.

The Insurance Corporation of British Columbia has announced another phase of its new rate model which will see customers with frequent or serious driving convictions pay more starting Sept 1.

The BC Provincial Government has announced that the use of red-light cameras at intersections will be expanded to includ...
05/08/2019

The BC Provincial Government has announced that the use of red-light cameras at intersections will be expanded to include speed enforcement, an already built-in but previously un-utilized function of the cameras.

Although the details are vague at this point (i.e. at what speed/conditions will the cameras be triggered?), we have two preliminary observations based on what we do know:

(1) the deterrent effect seems limited, since the tickets from the speed cameras will only be monetary, and not go against the owner/driver's record (because there will be no proof of who was driving); and,

(2) it will disproportionately affect drivers in the Lower Mainland, where the vast majority of cameras are installed (as the map in the article demonstrates).

Red light cameras will no longer only be watching for impatient drivers looking to shave a few seconds off their commute. The B.C. government plans to activate automated speed enforcement on the cameras at 35 intersections around the province.

Congratulations to the four excellent appointments to the Provincial Court announced yesterday.Both Paul Evans and Phil ...
10/06/2018

Congratulations to the four excellent appointments to the Provincial Court announced yesterday.

Both Paul Evans and Phil Cote began their careers working for David Albert, who taught them what it means to be a trial lawyer.

We have also had the pleasure of working alongside Craig Sicotte and learning from Craig Sicotte at his offices in Whalley.

All four appointees have longstanding connections to the Surrey legal community, have had distinguished careers, and will be very strong additions to the bench. We look forward to seeing them in court.

The Government of British Columbia is appointing four new provincial court judges to increase access to justice for British Columbians. 

10/05/2017

In a recent decision handed down by the B.C. Supreme Court, ICBC was ordered to provide insurance coverage for a Cote & Evans client. It's unfortunate to think how many people in similar circumstances would have accepted ICBC's denial of coverage. This case illustrates why it's important to get legal advice about your rights if ICBC is refusing to cover a claim. http://canlii.ca/t/h6glb

[1] This is an insurance coverage case. The plaintiff, Judith Boyle, was the owner of a Jaguar automobile that was involved in two accidents, one on August 23, 2015 (the “August MVA”) and the other on September 17, 2015 (the “September MVA”). Ms. Boyle was not driving the car on either o...

Creep catchers has received a great deal of media attention in recent months. A number of investigative pieces have que...
03/14/2017

Creep catchers has received a great deal of media attention in recent months. A number of investigative pieces have questioned the group's tactics while supporters point to evidence obtained by the group that led to the conviction of a Chilliwack man and arrest of an off-duty Surrey RCMP officer. It will be interesting to see the results of the civil lawsuit launched against the group and whether it has any effect on how it conducts its operations.

http://www.metronews.ca/news/vancouver/2017/03/13/surrey-creep-catchers-face-slander-lawsuit-false-accusations.html

President of B.C. chapter of vigilante anti-pedophile group faces defamation lawsuit from one of the men he accused last month.

The BC Government has announced tough new penalties for distracted driving. Particularly important is the classificatio...
05/10/2016

The BC Government has announced tough new penalties for distracted driving. Particularly important is the classification of distracted driving tickets as a "high risk" driving offence, which means that drivers may be prohibited from driving for even one infraction. If you receive a ticket for distracted driving, it is important to contact our office immediately to get legal advice about your options.

http://vancouversun.com/news/local-news/b-c-takes-hard-line-with-bigger-fines-for-distracted-driving-2

Drivers who use cellphones will soon face tougher penalties in British Columbia after the government announced Monday those caught breaking the rule will face escalating fines and the possibility o…

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