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Civil practice

Preemptory & Peremptory: misused and confused words!

Research articles : 
Michael Dew is a Vancouver lawyer who practices in all areas of civil litigation (including ICBC cases). Click here for contact information and further details about Michael’s practice.
 
Introduction
The purpose of this article is to explain the meaning of and distinguish between the words preemptory and peremptory.
 
Everyday usage / common meanings
The common usage or everyday meaning, as opposed to the legal meaning, of each of the words is as follows:
 
Preemptory (also spelled pre-emptory) [pree-EMP-tor-ree]
Preemptory is defined as pertaining to preemption. To preempt is to take action in order to prevent (an attack or other anticipated event) happening; or to forestall.
 

Life expectancy in British Columbia

Research articles : 
Michael Dew is a Vancouver lawyer who practices in all areas of civil litigation (including ICBC cases). Click here for contact information and further details about Michael’s practice.
 
There are a number of situations in which courts in Canada may need to determine life expectancy for a particular person. For example, a stream of payments under pension may be a family asset which needs to be divided between the spouses when a division of assets is done upon the breakdown of a marriage, and the value of the asset will depend on the life expectancy of the spouse receiving the payments.
 
In some cases the litigants will lead expert evidence on life expectancy, especially where the life expectancy of the relevant person will not be similar to that of an average person of their age e.g. in serious personal injury cases.
 

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