Collecting COVID fines while mailing out cheques, recounts in BC vs USA, pronouns in court and for judges

Rather than using collection agencies to collect COVID-19 related fines, the province of BC shouldn’t be sending $1,000 COVID-19 benefits to people who have outstanding fines for breaching orders of the Provincial Health Officer. 

As the payment are gratuitous, they could simply be withheld to pay outstanding fines for breaching orders made pursuant to the Public Health Act. 

The idea that someone who has received a fine for having a house party during the COVID-19 pandemic would receive a $1,000 payment from the government which would then need to be recovered by a collection agency, doesn’t make a lot of sense. 

Also discussed on the show is a judicial recount from the West Vancouver-Sea to Sky Electoral District. The initial count resulted in a 41-vote difference between the Liberal, and the Green Party candidate. 

Ambiguous ballots included someone who only wrote: “Donald Trump” next to a candidate’s name and someone else who drew a swastika next to a candidate’s name. The “Donald Trump” didn’t count, but the swastika did. The swastika was “close to the line” according to the judge but he concluded it conformed in shape with a cross and indicated an intention. 

Ultimately, the recount didn’t change the outcome with the Liberal candidate ending up with a 60-vote lead. 

The judge contrasted how carefully the recount was conducted, with all involved being gracious including the unsuccessful candidate, with Donald Trump’s “all-capitals tweets rather than evidence.” 

Another case, from the Court of Appeal, dealing with the payment of real estate commissions, where a home sale doesn’t complete is discussed. The “standard form” listing agreement used by real estate agents makes commissions payable upon a sale contract being entered into, even if the sale doesn’t complete. 

Prospective sellers, and purchasers, should be aware of this. A seller may be required to pay two commissions to sell a property if the first sale doesn’t complete. A buyer, who doesn’t complete, could end up being ordered to pay for the extra commission. Sellers may wish to modify the “standard form” agreement to avoid this so as to make a commission payable only upon completion of a sale. 

Finally, the BC Provincial Court, and the BC Supreme Court, have issued practice directions requiring parties to indicate what pronoun they prefer: eg. Mr. / Ms. / Mx. or Counsel.

Despite this, and unlike the BC Provincial Court, where judges are addressed as “Your Honour”, in the BC Supreme Court, and in the BC Court of Appeal, “My Lady” and “My Lord” is still used. 

Judges in the BC Supreme Court, and the BC Court of Appeal, should either adopt a practice of advising whether they prefer “My Lady” or “My Lord” or, in the alternative, “Your Honour” should be adopted in all of these courts, for all judges.

Follow this link for a transcript of the episode and links to the cases discussed.