Services

Civil Litigation

We realize that litigation can be complicated, even messy. We find creative ways to obtain the best results.

We take a hands-on approach to every file, avoiding a one size fits all approach.

Litigation clients are frequently part owners in companies and businesses. Our years of doing legal work for corporate clients helps us to understand and explain your case, then get for you the compensation you deserve. We work with experts who can be hired to give independent expert advice.

The firm gets repeat business because we are quick and efficient.

Acting for individuals who are pursuing legitimate claims for damages is an important part of Steinmans Trial Lawyers. Neal believes that the right of individuals to be compensated for serious personal injury, property damage, wrongful dismissal, professional malpractice, discrimination, and other wrongs, is one of the most important aspects of the legal system, and one in which all trial and appellate counsel should participate. At any given time, Neal has several retainers to prosecute claims ranging from medical malpractice to theft of confidential information.

We have experience in cases involving allegations of breach of fiduciary duty, negligent and fraudulent misrepresentation, duties to perform employment obligations faithfully, knowing receipt, and breach of confidence. We have acted in matters involving disputes between shareholders or partners.

We have acted for persons or companies in a wide range of industries including, manufacturing, banking, retail, transportation, overnight delivery, pharmaceuticals, oil and gas services, banking, insurance, travel, restaurants, hospitality, renewable energy, car & truck rental, professional services, and technology.

Insurance Claims

At Steinmans Trial Lawyers we have years of experience making and defending insurance claims. If you have homeowners’ insurance, and you are making insurance claims, there are steps you will need to take quickly to protect your legal rights.

  1. Notify the insurance company in writing of the event – also called the “loss” or the “occurrence” – such as a fire or flood, including the date and approximate time that it happened; and
  2. Give to the insurance company as soon as possible a “Proof of Loss”. This proof of loss must contain certain information, which we set out below. A civil litigator can help. The proof of loss has to be verified by an oath, known as a “statutory declaration” to the effect that the losses claimed and the statements made are true and accurate.

Filing a proof of loss is mandatory in most cases. As a homeowner, or other person claiming insurance benefits, you must file a proof of loss before the insurance company will even consider paying out your claim.

Do not try to deal with the insurer yourself. Ask the civil litigators at Steinmans Trial Lawyers to help. Your home may now be uninhabitable. You may have been forced to stay with friends or in hotel. You are displaced and off-balance.

The physical and emotional distress associated with a major event – like a flood or a fire – with resulting damage to your home and possessions – is enough of a challenge. Allow the civil litigation team at Steinmans Trial Lawyers to assist you in making insurance claims in Burnaby, Vancouver, the Lower Mainland, Prince George and Kelowna.

After you notify the insurer of your claim, the insurance company may determine:

  • that the property owner provided inaccurate or misleading information in the application for insurance.
  • the property owner made changes that are significant in the use of the property without informing the insurance company, which can also result in a denied claim.
  • the property owner may have deliberately set the fire/arson.

These are serious allegations. You should not try to deal with the insurance company yourself when you are faced with this type of serious claim against you.

You will need a civil litigator’s help to negate these allegations in making insurance claims.

Our civil litigation team can help you to prepare the proof of loss. You must include:

  1. giving a complete inventory of that property and showing in detail quantities and cost of that property and particulars of the amount of loss claimed,
  2. stating when and how the loss occurred, and if caused by fire or explosion due to ignition, how the fire or explosion originated, so far as the insured knows or believes,
  3. stating that the loss did not occur through any wilful act or neglect or the procurement, means or connivance of the insured,
  4. stating the amount of other insurances and the names of other insurers,
  5. stating the interest of the insured and of all others in that property with particulars of all liens, encumbrances and other charges on that property,
  6. stating any changes in title, use, occupation, location, possession or exposure of the property since the contract was issued, and
  7. stating the place where the insured property was at the time of loss,

Do not try to deal with the insurer yourself. Get the help of a civil litigation lawyer. The physical and emotional distress associated with losing your home and possessions is enough of a challenge. Allow the civil litigators at Steinmans Trial Lawyers to assist you.

We have an office in Prince George, B.C. to help with the preparation of claims. If necessary, we will start an action in court to obtain a payout from the insurer.

Contingent fees, hourly fees or flat fees are available for fire loss claims.

There are strict timelines – deadlines called limitation periods – for starting your lawsuit. Do not delay. Contact a civil litigation lawyer at Steinmans Trial Lawyers today.

Insurance Defence

We have over 30 years’ experience acting for insurance companies and companies who are self-insured.

There are a surprising number of weak or frivolous claims that clog the courts, waste time and money, add to insurance costs for the general public, and bring disrepute to the administration of justice.

Listen to this testimonial:

“In my capacity as a Canadian Litigation Manager for a large self-insured carrier from the United States, Neal and his Firm were our primary defence counsel for the province of British Columbia for a number of years. Neal and his team assisted with expediting hundreds of claims fairly, professionally and equitably regardless of the extent of the complicating nuances that may be involved. He has worked on many claims involving severe neurological and or orthopaedic injuries, fatal accidents, chronic pain, depression, as well as developing defences with respect to cost containment on questionable soft tissue exposures and fraud. Always respectful to the law, to the courts, to his clients and to claimants. Neal is golden.”

– Gerald Mastromatteo, Canadian Litigation Manager

Steinmans Trial Lawyers subscribes to the philosophy that the best advocates maintain perspective and balance in the practice of law. One of the ways Neal achieves balance is by acting for insurers.

We have experience in fire loss, bad faith, defamation, disability, malpractice, employment and human rights, motor vehicle, transportation, errors and omissions, and directors’ & officers’ liability.

We realize that defence work can be complicated, even messy. We have experience in cases involving allegations of breach of fiduciary duty, negligent and fraudulent misrepresentation, duties to perform employment obligations faithfully, knowing receipt, and breach of confidence.

Some of the personal injury defences we have conducted have involved claims by plaintiffs for mental injuries or conditions including depression, PTSD, anxiety, or concussion/brain injury.

We are tenacious, yet approachable. Claims examiners and inhouse lawyers enjoy working with us for their Insurance Defence needs.

Head Injury Claims

Symptoms of brain or head injury may include:

  • problems learning new information
  • problems with attention and concentration
  • reduced ability to plan and organize
  • dramatic changes in mood, personality, or temper
  • changes in energy or sleep patterns
  • altered sensitivity to light or noise, or changes in sense of taste

We specialize in obtaining fair compensation for persons suffering from a concussion, also known as a brain or head injury. In a case with a suspected brain or head injury, we work with the friends, family, and co-workers of the injured person to get the facts.

We understand the conditions that can sometimes accompany a head injury, such as depression, anxiety and post-traumatic stress disorder.

Some of the personal injury files we have handled have involved claims by plaintiffs for mental injuries or conditions including depression, PTSD, anxiety, or concussion/traumatic brain injury (TBI). One of our litigators, David Madani has an undergraduate degree in psychology – he appreciates the nuances on a mental injury claim.

People suffering from traumatic brain injuries need more than financial compensation. Brain and head injuries require specific medical care, accommodation at work, and other rehabilitation plans.

Since we are also business lawyers, we excel at understanding a person’s business and understanding how an injury affects someone at work – how it affects a person’s ability to earn income.

If you are an entrepreneur, a business owner or a professional who has been injured in a vehicle accident, then think carefully about who you hire to help get compensation. Many personal injury firms lack the experience to adequately present and understand your case.

For over 30 years, Neal has represented people in motor vehicle, insurance, and other civil and commercial litigation lawsuits of all kinds. We get results.

Employment Law

If you have been “fired” from your job and believe there was no cause, you may have a claim from your employer for money compensation. You are entitled to reasonable notice of the termination of your employment or pay ‘in lieu’ – instead of – working notice. In some cases, the amount of notice has been earlier determined by agreement between the employee and employer.

The amount of working notice or pay in lieu of notice needs to be reasonable. Frequently, Steinmans Trial Lawyers give advice to a fired employee on the amount of working notice or pay in lieu of notice, then negotiate the settlement with the employer.

Many persons are surprised to learn that on termination of their job, employment law grants them legal rights to compensation that go beyond two weeks’ notice.

Employers often give working notice that is less than what a court considers reasonable. Depending on the number of your years of service, job responsibility, age, as well as other factors, you may be entitled to significantly more notice or pay in lieu of working notice than two weeks’ notice.

Getting an opinion from a lawyer on the amount of working notice does not have to be expensive. Our background in representing both employees and employers gives us unique and sought-after skills negotiating severance packages with companies. Even in cases where the employer alleges there is just cause for a dismissal, such as theft or dishonesty, Steinmans is often able to obtain an out-of-court settlement which pays to the employee fair compensation.

In rare cases, if after negotiations an employer refuses to pay a reasonable severance amount to the dismissed employee, it becomes necessary to start a lawsuit for wrongful dismissal. We have years of experience preparing wrongful dismissal cases for court and have obtained highly successful results.

Steinmans Trial Lawyers have helped hundreds of employees to obtain the amount of compensation they deserve. Neal has over 30 years’ experience advising dismissed employees and negotiating settlements out of court.

Employment Law for Employers

Steinmans Trial Lawyers advise companies on all these areas of Employment Law for Employers:

  • Employment contracts and severance agreements
  • Confidentiality, non-competition, and non-solicitation agreements.
  • Human resources issues, including advice on employee handbooks.
  • Wrongful dismissal lawsuits
  • Statutory compliance and complaints
  • Discipline and dismissal of employees.
  • Workplace harassment and discrimination.

Neal has over 30 years’ experience advising employers on job terminations. He gives practical and realistic advice to companies on whether they have ‘just cause’ for dismissal and on how much working notice to give an employee.

Our skill in civil litigation and business litigation helps us to handle the messiest cases. Employers trust us to give sage and practical advice, and when necessary, to mount a tenacious defense. If you have to take the case through to trial, as an employer you want a litigator with the experience to fend off difficult opposing counsel. Neal has done that time and time again.

We are trusted by employers to advise them on how to terminate a problem employee.

In rare cases, if negotiations with a dismissed employee fail, we have the experience to defend the company from a lawsuit. Lawsuits for wrongful dismissal can be hard-fought and emotionally charged. We have years of experience defending wrongful dismissal cases. There are reasons why employers count on Steinmans to win “bet-the-company” lawsuits.

We also have knowledge of insurance and disability claims. Steinmans represents people and companies in insurance litigation. This specialized experience allows us to give practical advice when advising a company dealing with an employee’s disability claim.

Steinmans has also helped dozens of employers to prepare written contracts that reduce the chances of a wrongful dismissal lawsuit.

Neal’s years of service on boards helps him to grasp quickly the nuances of giving advice to larger businesses.

Neal enjoys the long-term relationships he develops with employers. We get to know our clients’ owners and managers. Neal enjoys learning about his clients’ operations from the inside out. Where possible, we make sure to visit our clients at their places of business. We understand the sacrifices that business owners and managers make in running their businesses.

Company & Partner Disputes

Steinmans Trial Lawyers regularly represents clients in major business disputes. Those disputes can be as simple as a debt claim for a customer’s failure to pay an invoice or as complicated as a dispute between feuding shareholders of a private company. You need a civil litigation lawyer for this type of dispute.

We have acted in commercial litigation business disputes involving family real estate companies, restaurants, hotels, professional firms and manufacturing. We represented a young entrepreneur who was bilked out of his share of a pizza restaurant. He got a new start opening a successful business elsewhere.

We help shareholders in cases involving alleged oppressive conduct. “Oppression” involves conduct that violates a shareholder’s reasonable expectations and is oppressive or unfairly prejudicial. Courts can intervene and order remedies such as a repurchase of the wronged shareholder’s shares or appointment of a receiver-manager.

We are civil litigation lawyers in cases where one shareholder has been excluded from the management of a business. This sometimes happens in family or private companies. In a family company, it is possible to get an order for a liquidation of the company – or a less drastic order – such as a buyout of the aggrieved family member’s shares. Courts are more likely to order a remedy, like a buyout, where there is evidence of a loss of mutual confidence among shareholders, even when one or more of those persons/shareholders were not directors of the company.

We get involved as civil litigators on cases involving a dispute over the “fair value” of the shares being repurchased. The Court looks at the assets, liabilities, and operations of the company. Sometimes this involves the hire of expert valuators for advice on the “valuation” of a business.

If there are buildings or land involved, we hire an appraiser to give an opinion on the appraised value of the real estate. On another case, we obtained an order for a payout for a shareholder whose siblings were managing affairs in a family holding company with real estate so as to deprive him of monies that he needed to rebuild his life.

Steinmans Trial Lawyers offers business clients a formidable combination. We work with experienced business law and transactions lawyers to assist on company disputes when we need specialized advice in areas like real estate or finance. We have three experienced corporate lawyers to consult with, who all share space at our office.

Wills & Estate Litigation

At Steinmans Trial Lawyers, we regularly act for clients involved in the following issues:

  • Allegations of undue influence
  • Claims of lack of capacity
  • Attacking transfers of real estate
  • Challenging transfers of property
  • Executors and trustees breaching their fiduciary duty
  • Challenging power of attorney
  • Failure of executor or trustee to administer the estate
  • Claims under the Wills Estates and Succession Act

Wills and estate litigation is a complex and unique area of law. Our clients in this area fall into two categories: those who feel aggrieved and wish to challenge a loved one’s will, trust or the administration of the estate (plaintiffs), and those who have had legal action taken against them (defendants).

No matter which side you are on, at Steinmans Trial Lawyers, our lawyers will work to protect your interests and to achieve the most favourable result. We begin by quickly identifying and interviewing witnesses and acquaintances of the deceased person, also referred to as the testator. Gathering statements and documentation can uncover valuable evidence that may affect the outcome of the case.

Wills and estate litigation in British Columbia

Wills and Estate litigation occurs when an individual or group of people seek to challenge the will or estate based on a number of reasons. A child may wish to dispute a transfer of property to a sibling or stepparent. Or, a grandchild may seek to challenge a recent change to an elderly grandparent’s will, based on undue influence or lack of capacity.

If you wish to dispute a will or estate, speak to our lawyers. We have significant experience in this challenging area. Conversely, if you require a strong defence during wills and estate litigation in Vancouver, we are well qualified to represent you.

If you believe an invalid will has been executed because these circumstances have occurred, or this situation also supports a larger claim of elder abuse, it is critical to seek out a lawyer who can help you rectify the situation and protect the vulnerable person’s wishes and well-being.

Spouses and children may make claims to vary a will.

There is a short limitation period for starting an action to change or vary a will. An action must be commenced within 180 days from the date the representation grant is issued: Wills Estates and Succession Act, S.B.C. 2009, c. 13 (“WESA”). A representation grant includes the grant of probate of a will in British Columbia or the grant of administration of the estate of a deceased person with or without a will.

WESA has no provision which allows the extension of this time limit. It is important to get a lawyer involved quickly or it may be too late.

Lack of testamentary capacity is often alleged in situations where the will-maker suffered from dementia. This includes an increasing number of diagnoses of Alzheimer’s disease. Steinmans Trial Lawyers have prosecuted and defended cases where an elderly person decides to give real estate to a son or daughter when the elderly person is alleged to have been suffering from dementia.