Entries by Heath Law, Nanaimo Lawyers

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Litigation Privilege – What About Communications Amongst the Board of Directors?

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 […]

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Fraudulent Misrepresentations in Real Estate Transactions: The Truth Hurts, But Lies Kill Contracts

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 […]

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Understanding the Short-Terms Rental Accommodations Act of British Columbia

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 […]

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I have a small business, what are the advantages of incorporation?

Advantages of Incorporation for Small Businesses As a small business grows, there are risks of personal liability. The act of Incorporating a business is one way to mitigate personal liability. Limited liability is not the only advantage that incorporation provides. This post explores the advantages of incorporation, focusing on its legal, financial and operational benefits. […]

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Removing a Builders Lien in BC

I have had a Builders Lien filed against my property; what can I do to remove it? Generally, a builders’ lien is a charge on property by a person who has supplied work or material to a building under construction. Since builders’ liens are typically simple and inexpensive to file against property, an owner may […]

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Filing a Builders Lien

Filing a Builders Lien against the owner of a property for lack of payment The Builders Lien Act (BLA) can be an important tool for those in the construction industry. One of the main purposes of a builders lien is to ensure that owners are not able to obtain an improvement to their land without […]

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What are the tax implications of buying a business, and how can I minimize them?

When purchasing a business it is essential for buyers to consider the potential tax implications and strategies to minimize them. Two key tax considerations are the Goods and Services Tax (GST) and provincial sales tax (PST). The method of acquisition, whether through share or asset transfer, significantly impacts the tax outcome. In general, when buying […]