Welcome to Kimmitt Wrzesniewski

Kimmitt Wrzesniewski is a dynamic, client centered law firm located in downtown Kelowna.   The law firm has been part of the Kelowna community since its establishment in 1981 by R. Patrick Kimmitt.

The firm is focused on real estate, business and corporate matters as well as personal injury law and ICBC cases.  Kimmitt Wrzesniewski is comprised of three lawyers – Joanna Wrzesniewski, Sarah Bowes and Andrew Cudmore – and 8 professional staff.

Our services include Residential and Commercial real estate transactions, Mortgages and lending matters, Wills, Estates & Trusts, Business and Corporate matters, Information Technology (IT) law, privacy law, and civil litigation as it applies to Wills and Estates and Landlord-Tenant disputes.

We also have a very complex and busy personal injury and ICBC practice, which includes motor vehicle accidents, slip and fall claims and other personal injury matters.

We very much look forward to assisting you with your legal needs.

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Joanna Wrzesniewski

Joanna Wrzesniewski practices in the areas of Real Estate Law; Corporate and Business Law; Wills, Estates, and Trusts Law; and Personal Injury.

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Sarah Bowes

Sarah Bowes practices as a solicitor in the areas of Wills & Estates Real Estate & Relocation, and Business Law. She enjoys assisting her clients in a cost-effective and timely manner..

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Andrew Cudmore

Andrew Cudmore practices in the areas of Wills & Estates, Residential Tenancy, Real Estate & Personal Injury.

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About The MacIsaac Group

Kimmitt Wrzesniewski has been a member of The MacIsaac Group since 1985.

The MacIsaac Group is an association of law firms throughout Vancouver Island, the Interior and Northern British Columbia and Alberta.

Through modern communication links, the lawyers of the MacIsaac Group are in close contact with one another.  Thus when you retain the services of a lawyer in The MacIsaac Group, you avail yourself of the resources, wisdom, experience and talents of not just one lawyer but the entire group.

AREAS OF SERVICE

COMMERCIAL REAL ESTATE

The lawyers at Kimmitt Wrzesniewski are pleased to assist clients in the following areas:

  • Real estate development on both: Fee Simple Land and Westbank Frist Nations Land

Including Phased Developments, Strata Developments and Bareland Strata Developments

  • Disclosure Statements and compliance under the Real Estate Development and Marketing Act (“REDMA”)
  • Purchases and Sales of Multi Tenant Buildings and Shopping Centers
  • Stratification
  • Subdivision
  • Drafting and registration of Restrictive Covenants, Easements, Statutory Rights of Way and related documents
  • Consolidation and Land assemblies
  • Commercial Leases

CORPORATE LAW

Whether you are incorporating a business, buying a business or growing your business we can help!  We assist clients with the following:

  • Incorporation of a Company – including the creation of a Minute Book, the issuing shares and being the Records and Registered office for the Company
  • Business name Registration
  • Business Purchases and Sales (Asset Purchases and Sales and Share Purchases and Sales)
  • Shareholder Agreements
  • Joint Venture Agreements
  • Corporate Restructuring
  • Family Trusts
  • Non-for-Profit Societies
  • Annual corporate filings
  • Corporate Financing

PERSONAL INJURY

All our personal injury cases are taken on an contingency basis – meaning we don’t get paid until you get paid.

We understand the serious and devastating effects of an accident on your daily life, your family life and your employment and financial situation and we are here to help.

We represent clients who have been injured as a result of the negligence of others.  Such cases involve injuries sustained mostly due to motor vehicle accidents, but also due to other occurrences and mishaps such as slip and fall cases and medical malpractice.  We will explore all the possible avenues available to conclude your case in the best possible way.  Some common methods of resolving a personal injury claim include negotiating a settlement directly with ICBC or other insurance companies or their lawyers, or proceeding to mediation, or trial if necessary.

Home or hospital appointments or evening or weekend appointments are available upon request.

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INFORMATION TECHNOLOGY (IT) LAW / PRIVACY LAW / E/M COMMERCE LAW

Joanna Wrzesniewski in association with Stephan Grynwajc of the Law Office of S. Grynwajc PLLC are able to assist existing companies, start ups and new companies doing business in Canada, United States and Europe (EU).   Joanna is a member of the British Columbia Bar, while Stephan is licensed to practice law in Quebec (Canada), New York (USA), London (England and Wales) and Paris (France).

The areas under Canadian, U.S. and EU laws in which we can assist our clients include:

  • Drafting and Negotiating various IT Agreements
  • IP rights licenses and assignments
  • Website / mobile application development agreements
  • website or mobile application general terms and conditions of use
  • online terms of sale
  • cookies policies
  • privacy policies
  • legal notices
  • recommendations for complying with data protection and privacy laws
  • recommendations for complying with third party copyrights and trademarks
  • website or mobile application audits to assess compliance with applicable legislation
  • IT facilities management and cloud computing services agreements
  • Software as a Service (SaaS) and Application Service Provider (ASP) agreements
  • Outsourcing agreements
  • Maintenance agreements
  • Hosting agreements
  • Software development agreements
  • Software license agreements
  • marketing and advertising guidelines

RESIDENTIAL REAL ESTATE

Investing in real estate can be one of life’s most important and stressful experiences.  We are able to assist our clients with real estate transactions of freehold properties as well as for properties located on the Westbank First Nation Lands. You may rest assured that our firm has successfully completed thousands of real estate transactions including:

  • Purchases
  • Leases
  • Sales
  • Mortgages
  • Refinances
  • Agreements for Sale
  • Title reviews
  • Notarizing real estate documents from outside of British Columbia
  • Lot Subdivision
  • Lot Stratification

From start to finish, our team of friendly knowledgeable lawyers and staff will be accessible to guide you.

WILLS, TRUSTS & ESTATES

A current estate plan is essential as it protects your estate and your loved ones.  Whether you are single, married, in a blended family, expecting your first child, or enjoying retirement in the Okanagan, we are here to assist you with your estate planning needs.  We work closely with our clients and their financial advisors to create the best plan, which may include:

  • Will
  • Enduring Power of Attorney for financial decisions
  • Representation Agreement for personal and health decisions
  • Family Trust
  • Committee Application
  • Probate Application
  • Letters of Administration
  • Assisting Executors throughout the Will administration process and asset distribution
  • Advising Beneficiaries as to their Estate Rights
  • Advising clients under the Wills, Estates and Succession Act (“WESA”)

We also have extensive experience in probating Wills and advising clients in the roles of executors and administrators.  Our estate files are handled with the utmost professionalism, courtesy and respect.

If you are not able to meet at our office for health or mobility reasons, our lawyers and staff are willing to make alternative arrangements to meet your needs.

LANDLORD AND TENANT DISPUTES

For many British Columbians an investment property, secondary suite or carriage house is an important means for meeting their mortgage payments or accomplishing their retirement goals. However, a tenant who refuses to pay rent or causes damage to your rental unit can jeopardize your investments. It is important for the Landlord to regain possession of their property as quickly as the law will allow. Our firm has assisted numerous Landlords in the eviction of tenants in the following manner:

  • Preparation of a One Month Notice and/or a Ten Day Notice for the End of the Tenancy
  • Preparation of the Landlord’s Application for Dispute Resolution
  • Defending against a Tenant’s Application for Dispute Resolution
  • Gathering the evidence necessary for the Landlord’s claim
  • Attendance at Dispute Resolution Hearings to advocate for the Landlord
  • Enforcement of orders of possession and writs of possession for the eviction of the tenant
  • Enforcement of monetary orders against the tenant
  • Appeals and Judicial Reviews of landlord/tenant decisions

PERSONAL INJURY LAW

All our personal injury cases are taken on an contingency basis – meaning we don’t get paid until you get paid. 

We understand the serious and devastating effects of an accident on your daily life, your family life and your employment and financial situation and we are here to help.

Motor vehicle accidents can dramatically change a person’s life. Everyday tasks become impossible and injured persons may no longer be capable of doing the activities that brought them joy before the accident.

We represent clients who have been injured as a result of the negligence of others.  Such cases involve injuries sustained mostly due to motor vehicle accidents, but also due to other occurrences and mishaps such as slip and fall cases and medical malpractice.  We will explore all the possible avenues available to conclude your case in the best possible way.  Some common methods of resolving a personal injury claim include negotiating a settlement directly with ICBC or other insurance companies or their lawyers, or proceeding to mediation, or trial if necessary.

Home or hospital appointments or evening or weekend appointments are available upon request.

We obtain compensation for injured persons to recover their losses in the following manner:

  • Interviewing witnesses and gathering evidence of the details of the accident
  • Gathering medical records and reports from physicians, physiotherapists and other medical professionals
  • Advocating for our clients and negotiating settlements with insurance representatives
  • Preparing and filing lawsuits to preserve our clients’ claims
  • Representing our clients at court hearings and trials

Being injured in a motor vehicle accident is stressful and it is important to have a legal team that you can depend on.