Understanding Estate Obligations for Committees in B.C. Incapacity Cases When someone becomes incapable of managing their own affairs, a court in British Columbia may appoint a committee under the Patients Property Act, RSBC 1996, c 349. This fiduciary role is often misunderstood — particularly when it is compared to the duties of executors or trustees […]
Many professionals are choosing to structure their services through a corporation, often working as independent contractors rather than direct employees. This approach can offer significant tax benefits that surpass the limited options available to employees. However, before jumping into incorporation, it’s crucial to understand the potential tax consequences, especially if you’re providing services to an […]
What is Unjust Enrichment? Unjust enrichment occurs when a party confers a benefit upon another party without receiving the proper restitution required by law. Unjust enrichment is a strict liability and faultless claim, meaning the plaintiff will only get back exactly what was transferred. The principle aims to reverse an unjustified transfer and restore the […]
Divorce is a challenging experience at any stage of life, but for those over 50, it brings unique complexities. “Grey divorce,” a term describing couples aged 50 and older ending their marriages, has become more common in Canada. This blog explores the reasons behind this trend, the specific challenges faced by individuals going through a […]
Does Litigation Privilege Apply to Communications Amongst the Board of Directors? Litigation privilege prevents a party to litigation from having to disclose documents that were made in anticipation of or for the purpose of litigation. Litigation privilege ensures the efficacy of Canada’s adversarial process by giving parties a “zone of privacy” to conduct investigations and […]
How the Home Buyer Rescission Period Protects You in BC Real Estate Transactions Buying a home is a significant financial commitment, and sometimes, decisions made in the heat of the moment can lead to buyer’s remorse. Recognizing this, British Columbia has implemented a Home Buyer Rescission Period (“HBRP”) to offer buyers a safety net. Here’s […]
Understanding Fraudulent Misrepresentations in Real Estate Contracts A recent decision out of Ontario (1000425140 Ontario Inc. v 1000176653 Ontario Inc., 2023 ONSC 6688) illustrates how fraudulent misrepresentations in real estate transactions can lead to the rescission of the contract. The case involved Aiden Pleterski, the self-described “Crypto King”, and NBA basketball star, Shai Gilgeous-Alexander. The […]
How BC’s Short-Term Rental Accommodations Act Affects Your Property The government of British Columbia has recently enacted new legislation regarding short-term rentals. The Short-Term Rental Accommodations Act (the “Act”) came into effect in October 2023 and will continue to be rolled out over the course of two years. The primary aim of the Act is […]
Understanding the Legal Framework and Future Changes in Medical Assistance in Dying in Canada Since 2016, medical assistance in dying (MAiD) has been legal in Canada. This post discusses when MAiD is available to an individual, and how these circumstances may be broadening in the future. There are currently safeguards in place to ensure the […]
Key Annual Obligations for Corporations in British Columbia The British Columbia Business Corporations Act (BCA) requires all corporations to file an annual report with the registrar, pursuant to section 51 of the Act. By filing your annual report, you are informing the B.C. Registry that your company is in active standing. A failure to file […]