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The Prudent Investor Standard for Trustees in British Columbia

The Covid-19 pandemic has generated significant market volatility. Investors must assess risk and consider whether the investment portfolio should be diversified to reduce risk exposure in an unpredictable market. Trustees who have Trust Property invested in the market are faced with additional obligations that can make protecting Trust Property challenging. Trustees must comply with the […]

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Neglect in Long-Term Care Homes and Assisted Living Residences

British Columbia offers various home and community care services to individuals requiring assistance with day-to-day life due to health issues or illness. Individuals living in Long-Term Care Homes and Assisted Living Residences are some of British Columbia’s most vulnerable members of society. Long-Term Care Homes provide 24-hour care to elderly residents. Residents in Long-Term Care […]

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Secret Trusts – Alive and Well in British Columbia

  This article concerns the recent British Columbia Court of Appeal decision in Bergler v Odenthal, 2020 BCCA 175 [“Bergler”] The appeal concerned the validity of a “secret trust” that Ms. Stuhff, now deceased, had allegedly imposed on her common-law partner, Mr. Odenthal. Secret trusts contain two essential features: “communication by the deceased person to […]

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COVID-19 – Force Majeure Provisions to add to Real Estate Contracts in British Columbia

Force Majeure Provisions to add to Real Estate Contracts: Do you need one?   Generally, a “Force Majeure” clause is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, plague (e.g. […]

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COVID-19 – Working from Home in British Columbia – Occupational Health and Safety Policy

COVID-19 – Occupational Health and Safety Policy: Do you have one? Worksafe BC requires that those employers whose employees are working from home due to COVID-19 should ensure they have a basic Health and Safety Policy. The Health and Safety Policy should contain an acknowledgment from the employee that he or she understands their role, […]

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Defaulting Commercial Tenants

COVID-19 Pandemic – Commercial Retailers Defaulting Rental Payments Increases In the face of the global COVID-19 pandemic that is currently plaguing the world, some commercial retailers have been forced to close their doors.  With no income, the likelihood of these commercial retailers defaulting on their rental payments increases.  What should the commercial landlord do with […]

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Exclusion of Liability Clauses

Ski-hill Lift Tickets – Liability, Unilateral Contracts, Negligence Exclusion In certain situations, such as obtaining a lift ticket for a ski-hill, “unilateral contracts” are used by one of the parties to the contract (i.e., the ski hill) which set out specific conditions the other party (i.e., the consumer) must accept if the consumer wants to […]