6362222 Canada Inc. v. Prelco Inc., 2021 SCC 39: A Victory for Limited Liability Clauses In general, limitation of liability clauses are valid in both Quebec’s Civil system and in the Common Law provinces. However, in Quebec limitation of liability clauses are tempered by articles in the Civil Code of Quebec prohibiting the exclusion of […]
Relief from forfeiture is an extraordinary equitable remedy that the courts can apply at their discretion, which allows them to forgive imperfect compliance with a contractual or statutory requirement. In choosing to apply relief from forfeiture, the court is deciding to protect a party against a loss that would otherwise occur from that party’s breach […]
URGENT: B.C. LAND OWNER TRANSPARENCY REGISTER (“LOTR”) We write to advise that effective November 30, 2021, the B.C. Government requires that any Corporation, Trust or Partnership that owns an interest in real estate must file a Land Owner Transparency Report with the Land Owner Transparency Registry. Failure to file may result in government-imposed penalties. What […]
Short Answer: Generally, a director will not be held liable for corporate income tax absent misconduct. However, s.160 of the Income Tax Act introduces liability in certain circumstances where assets have been transferred by a taxpayer who owes a tax debt. The purpose behind this provision is to ensure that the CRA is able to […]
Providing financial disclosure in the course of a Family Law dispute can be overwhelming. This post is meant to be a brief guide on how and why you should complete the Form F8 Financial Statement (“F8”), and to address some common questions. What is the F8? The F8 requires you to be open and honest […]
BRIEF ANSWER In the absence of fraudulent or illegal conduct or conduct that is beyond the scope of the director’s authority, a director will not generally face personal liability. However, a director may be held personally liable if they fail to indicate that they are acting in their capacity as a director, breach their fiduciary […]
When a home falls into foreclosure the property is sold to satisfy the owner’s creditors. The sale proceeds first go to the mortgagee, and then to other creditors in order of priority. Priority is generally determined based on various factors such as the type of creditor and the date of registration of the debt. In […]
Disclosure is a material issue in many family law cases. Without a clear idea of each party’s assets, a fair division of property is nearly impossible. However, there are clear limits to what the courts are willing to grant in an order for disclosure. In general, an applicant must specify which individual documents or category […]
There is often a delay between a lawyer completing a client’s will, and that client being available to execute (sign) it. The Covid-19 Pandemic has only lengthened these delays, which can be problematic if the will-maker happens to pass away prior to executing the new will. The Wills, Estates, and Succession Act, S.B.C. 2009, c. […]
Custody and access to children are complex issues requiring consideration of which circumstances would best benefit the interests of the child. Often, one or both parents may desire a change in custody or access. This can be accommodated so long as they can prove that a material change in circumstances has occurred since the last […]