Entries by Heath Law, Nanaimo Lawyers

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What Factors Contribute to a Successful Will Variation Claim?

While will-makers have flexibility regarding how they dispose of their assets upon death, if they fail to adequately provide for a surviving spouse or child, their will may be varied by the Court. Section 60 of the Wills, Estates and Succession Act of British Columbia authorizes a court to order compensation that it finds adequate, […]

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What Happens if the City/Municipality Decides to Expropriate Land?

Local governments, such as the City of Nanaimo, are empowered by section 31 of the Community Charter to expropriate land. Section 289 of the Local Government Act gives the same power to regional districts. Expropriation is the taking of land without the owner’s consent and is an exceptional power which isn’t often exercised. The Expropriation […]

Minority Shareholder Oppression Rights In British Columbia

In the recent case of Canex Investment Corporation v. 0799701 B.C. Ltd., 2020 BCCA 231, the British Columbia Court of Appeal showed its flexibility in offering oppression remedies for wronged minority shareholders. The case involved exceptionally high-handed conduct by the two directors of Canex Investment Corporation (“Canex”), leading to their personal financial gain at the […]

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Is a Strata Corporation Able to Disallow Residents Under a Certain Age?

Strata corporations (“stratas”) are legal entities with all the powers of natural persons at full capacity. They’re often created to divide buildings and/or parcels of land into individually owned pieces, while the common land and amenities are owned together. Stratas have certain responsibilities under the Strata Property Act and Regulations, including being responsible for common […]

Sponsorship of Family Members

Permanent residents and Canadian citizens who have immigrated to Canada and made the tough decision to leave their family behind in their home country yearn for the day to be reunited with their families. The most common question Canadian citizens and permanent residents ask immigration lawyers is how can they sponsor their families to come […]

Immigration Consultant vs. Lawyer?

Each year, Canada sets targets for the number of people allowed to enter under each of its immigration programs. Between 2019 and 2021, Canada set a target of allowing one million new permanent residents into the country. If you are considering immigrating to Canada, you may be wondering who can help you with your immigration […]

Becoming a Permanent Resident

Canadian Permanent Residence Entry One of the main questions people wishing to immigrate to Canada ask immigration lawyers is how they can receive permanent residency in Canada. Achieving a status of permanent residency is one step closer to achieving Canadian citizenship. The Canadian government receives thousands of applications each year for people wishing to become […]

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Hidden Tendering Terms

In Triton Hardware Limited v. Torngat Regional Housing Association, 2020 NLSC 72, the owners of a construction project (“Torngat”) sought to rely on a privilege clause in the project’s tendering documents to select its preferred bidder, not the lowest bidder. This case serves as a cautionary tale to owners that a general privilege clause does […]