Entries by Heath Law, Nanaimo Lawyers

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Executors Remuneration

Executor’s Remuneration When you are named as the Executor in another’s Will, there are many duties, obligations and rights associated with that designation.  One of those rights is Executor remuneration. Executor’s remuneration in BC is guided by s. 88 of Trustee Act.  An executor can receive a maximum of 5% of the gross aggregate value […]

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Tax Evasion vs Tax Avoidance

Tax Evasion vs Tax Avoidance The purpose of this blog is to give an overview of the main differences between tax evasion and tax avoidance.  Everyone wants to avoid paying taxes but it is simply not possible to avoid paying them all together.  Many businesses and individuals devise schemes and plans with third parties (accountants, […]

Contract Language – Best Efforts vs Reasonable Efforts

Best Efforts vs Reasonable Efforts Contracts require the performance of certain obligations. These obligations can be in the form of mandatory obligations which are referred to as covenants. Covenants are usually drafted with imperative language such as “shall” or “must”. There are also contingent obligations which arise upon certain events occurring. They are usually drafted […]

Are Electronic Signatures Legal

Are electronic signatures Legal? Each province has enacted functionally equivalent electronic commerce legislation.  BC’s is called the Electronic Transactions Act (ETA).  The ETA states that if there is a requirement under law for the signature of a person, that requirement is satisfied by an electronic signature.  There are however exceptions, as electronic signatures are not […]

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Yield To Emergency Vehicles

What is the Duty of a Driver to Yield to an Emergency Vehicle?   When travelling on a roadway or highway it is inevitable that you will encounter an emergency vehicle.  What are your obligations on the road in relation to this emergency vehicle?  Section177 of the British Columbia Motor Vehicles Act (MVA) states: On […]

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Multiple Wills

  The purpose of this blog is to make you aware of a recent change in the law with regard to Wills. The BC Wills Estates and Succession Act (WESA) permits “Multiple Wills” to be used to deal with the assets of a deceased person located in BC.  The purpose behind creating Multiple Wills is […]