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 […]
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 […]
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 […]
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 […]
Due to COVID-19, the Wills, Estates, Succession Act of BC (WESA) was amended in August 2020 to permit a Will-maker to sign a Will in the electronic presence of witnesses and the Will-maker and witnesses to sign by electronic signature. Section 35.1 of WESA defines “electronic presence” or “electronically present” to mean the circumstances in […]
Engineers have specialized skill and knowledge on which their clients rely. When engineers are found to be professionally negligent, this relationship of reliance limits an engineer’s ability to shield themselves from liability by operating their business as a corporation. To consider why this is the case, we review several key decisions that create a duty […]
On September 1, 2020, British Columbia’s Arbitration Act, S.B.C. 2020, c. 2 (the “New Act”) came into force. The New Act introduces important amendments that aim to improve the efficiency of the Province’s arbitral process. This will improve commercial dealings by clarifying ambiguities in the previous legislation and creating greater uniformity in arbitrations laws nationally. […]
In Leitch v. Novac (2020 ONCA 257) the Ontario Court of Appeal held that “invisible litigants” cannot impede family law proceedings with impunity. Writing for the Court, Houringan J. described these invisible litigants as the parties’ extended relatives who insert themselves into family law proceedings far beyond the permissible grounds of providing emotional support. Rather, […]
Can the executor of a will receive remuneration for their work? At common law, an executor could only receive payment for their services if authorized under the will. However, this presumption against payment has been superseded by section 88 of British Columbia’s Trustee Act. Accordingly, executors may receive payment from three sources, including: up to […]
If your child’s co-parent has claimed that they cannot afford to pay their child support obligations, what are your options? Under these circumstances, it is important to remember that child support is the right of the child, not the receiving parent. This means that parents cannot negotiate a lower monthly rate than the minimums prescribed […]