Wills – No-Contest Clause Validity A no-contest clause in a Will attempts to limit a beneficiary’s ability to challenge the Will. An example of such a provision would be: To X but if X directly or indirectly attempts to contest or oppose the validity of this Will, then X shall forfeit his or her right […]
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 […]
The Family Maintenance Enforcement Program (FMEP) and Cost Awards The purpose of this blog will be to provide a brief overview of the purpose behind the FMEP as well as discuss the type of cost awards the FMEP will enforce. The FMEP is a free service provided by the BC government. The FMEP enforces support […]
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, […]
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 […]
Corporate Law – The Impending Requirement for a Transparency Register in British Columbia British Columbia Bill 24-2019: Business Corporations Amendment Act, 2019 (“Bill 24-2019”) received Royal Assent on May 16, 2019. A copy of Bill 24-2019 can be found here. While Bill 24-2019 is not in effect as of the date of writing this […]
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 […]
This blog will discuss the disclosure that is required in a real estate transaction when a home has a stigmatized history. The case which highlights this issue is Wang v. Shao, 2018 BCSC 377. The facts of this case were as follows: The case surrounded the purchase of an upscale home in Vancouver in 2009 […]
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 […]
Has Someone Failed to Pay You? The following will outline some basic information for recovering money owed to you under a contract. The first thing that must be considered is the likelihood of recovering the debt owed. It is important to remember that just because someone owes you money, it does not mean that they […]