Company and Finance News:

Proposed Revisions to the British Columbia Society Act
In early August of 2014, the British Columbia Ministry of Finance released a White Paper containing policy recommendations for a new Society Act to regulate the governance, organization and operation of non-share capital entities incorporated in British Columbia. The White Paper includes the full text of the proposed new Society Act, and includes annotations setting out background information on the proposed legislation, including the policy intention behind the new provisions.

The proposed legislation maintains and builds upon the basic framework of the current Society Act. Societies will continue to have constitutions and bylaws that are filed at the corporate registry, and restrictions on share capital and the distribution of assets. However, the proposed legislation provides a degree of modernization and adopts a more user-friendly drafting style. Read the full article by Brendan Burns with the law firm Miller Thomson LLP. 

BC Securities – Policies & Instruments
The following policies and instruments were published on the BCSC website in the month of August:

• BCN 2014/10 – Notice of clearing agency and compensation for loss related amendments to the Securities Act and Securities Regulation and required form for applying for compensation
• CSA Multilateral Staff Notice 24-311 – Qualifying Central Counterparties – This notice indicates that the central counterparties listed in Table 1 of the notice can be considered qualifying central counterparties under the standard on the capital treatment of certain bank exposures to central counterparties developed by the Basel Committee on Banking Supervision.

PST Bulletins
The following PST bulletins and notices were issued in the month of August:

• Bulletin PST 138, Personal Services
• Bulletin PST 108, Boats
• Bulletin PST 134, Aircraft
• Fin 407, Provincial Sales Tax (PST) Schedule – Boats and Aircraft – Revised

For more information, visit the Consumer Taxes website.

New Annotations Posted to Arbitration Laws
The first of many annotations have now been posted to domestic and international arbitration laws. You can identify an annotated section by looking at the annotation icon located on the far right side of each section. For example, if you go to section 15 of the Arbitration Act, you will see a star icon adjacent to the section. Click the star icon to view the Expert annotation. To view all annotations under an Act click the "View Annotations for this Law" button on the top menu bar.

Energy and Mines News:

BC LNG: Environmental Assessment
Process for Pipeline Projects
In a previous post, the Environmental Assessment (EA) Process applicable to the proposed BC LNG Export Terminals [was discussed]. Here, we discuss the EA Process applicable to various Pipelines designed to serve the LNG Export Terminals.

Unlike the LNG Export Terminals, where EA jurisdiction has historically been shared between the Federal and Provincial governments, the Pipelines are generally governed only by the BC EA Process, as administered by the BC Environmental Assessment Office (BC EAO). This is largely a result of Federal Regulations (enacted October 24, 2013) which remove from the Federal EA Process any Pipelines which are effectively intra-provincial in nature – as all of the currently proposed LNG Pipelines are. Read the full article by Cameron Anderson and Jonathan Drance with Stikeman Elliott. 

Wind Opponents Lose Health Challenges
around the World
A recent report by the Energy and Policy Institute documents the rejection of anti-wind health claims by 48 courts and tribunals in Canada, Australia, New Zealand, the United Kingdom, and the US. In one anomalous US case, two turbines which had had a known problem were ordered to be shut down 12 hours a day, four hours longer a day than the owner planned.

According to the report, wind opponents' health claims have been rejected in almost all cases.

"Since 1998, 49 hearings have been held under rules of legal evidence in at least five English-speaking countries and four types of courts [and tribunals] regarding wind energy, noise, and health. Forty-eight assessed the evidence and found no potential for harm to human health. The sole outlier is an instructive but unique case..." Read the full article by Dianne Saxe with Saxe Law Office. 

Independent Expert Engineering Review Launched
Following Mount Polley Dam Breach
The Government of British Columbia, with the support of the Soda Creek Indian Band (Xats'ull First Nation) and Williams Lake Indian Band, has ordered an independent engineering investigation and inquiry into the Mount Polley tailings pond breach, and independent third-party reviews of all 2014 Dam Safety Inspections for every tailings pond at a permitted mine in the province.

The independent engineering investigation and inquiry is authorized under the Mount Polley Investigation and Inquiry Regulation, issued pursuant to section 8 of the Ministry of Energy and Mines Act. The investigation will be conducted by a panel of experts that will investigate the cause of the Mount Polley Mine Tailings Storage Facility failure, including geotechnical standards, design of the dam, maintenance, regulations, inspections regimes and other matters the panel deems appropriate. This section also provides the panel with the ability to compel evidence and authorizes the Minister to require the company to cover costs of the inquiry. Read the official government news release. 

New Energy and Mines Annotations Posted
The first of many annotations have now been posted to the energy and mining-related laws. You can identify an annotated section by looking at the annotation icon located on the far right side of each section. For example, if you go to section 19 (2) of the Mineral Tenure Act, you will see a star icon adjacent to the section. Click the star icon to view the Expert annotation. To view all annotations under an Act, click the "View Annotations for this Law" button on the top menu bar. Expect to see many more annotations posted in the coming weeks and months.

Family and Children News:

Supreme Court Releases Important Judgment:
First Decision on Tracing, the Presumption of
Advancement and the Valuation of Excluded Property
Last Friday, [August 15th], Mr. Justice Butler of the Supreme Court of British Columbia released his decision in Remmem v Remmem, a case which I suspect is probably the first case addressing how property brought into a relationship is to be handled under the new Family Law Act.

As frequent readers of this blog will know, the Family Law Act imposes a new plan for the division of property between separated spouses that is wholly different from the old Family Relations Act, and, if anything, is more along the lines of how property is divided under Alberta's Matrimonial Property Act and Saskatchewan's Family Property Act. This is how it works in a nutshell:

• under s. 81, both spouses are entitled to an equal interest in the family property;
• family property is defined in s. 84 as all property owned by either spouse on the day the spouses separate, including real property, corporate interests, bank accounts, pensions, retirement savings and so on;
• the court can divide family property unequally under s. 95, but only if an equal division would be "significantly unfair," having regard to a list of factors set out at s. 95(2);
• under s. 87, the value of family property – and only family property – is its fair market value, determined either at the date of trial or the date of settlement;
• under s. 85, certain property, such as property brought by a spouse into the relationship and property received by a spouse as a gift or inheritance, is excluded from the pool of family property;
• under s. 96, excluded property remains the property of the spouse who owns it; however,
• under s. 84, any increase in the value of excluded property during the relationship is shareable family property.

Read the full article by JP Boyd. 

BCCA: Separation Agreement Provided Ineffective Waiver
of Entitlement to Pension Plan Survivor Benefits
The recent Court of Appeal case Tarr Estate v. Tarr, 2014 BCCA 315, deals with the legal nature of survivor pension benefits and how they may be effectively waived in a separation agreement between spouses.

The Tarrs separated in 2002 after 38 years of marriage. Ms. Tarr was named as her husband's irrevocable beneficiary under his pension plan. The parties signed a Separation Agreement in 2007 which provided that each party would retain "for his or her own use absolutely, free of any claim by the other . . . pension and pension rights." The parties did not take any further actions to remove Ms. Tarr as the beneficiary of her husband's pension plan.

Mr. Tarr subsequently remarried in 2008, and died in 2010. Following Mr. Tarr's death, Ms. Tarr received the pension benefits pursuant to the pension plan. Mr. Tarr's new partner, as executor for his estate, sought and received a declaration in the BCSC that the survivor benefits paid to Ms. Tarr were held in trust for the estate, on the basis that those benefits had been waived by the Separation Agreement. Read the full article by Gagan Mann and posted on Watson Goepel – Vancouver Family Lawyers Blog. 

New Annotations Published to
Family Law Act and Others
The first of many annotations have now been posted throughout the Family Law Act and other related laws. You can see if a section has been annotated by looking at the annotation icon located on the far right side of a section. For example, if you go to the Family Law Act and click section 251 from the table of contents, you will see a star icon adjacent to the section. Click the star icon to view the annotation. To view all annotations under an Act, click the "View Annotations for this Law" button on the top menu bar.

Forest and Environment News:

Judicial Review and the Forest Practices
Board: A New Alternative
A recent decision of the British Columbia Supreme Court has given an unexpected boost to the status of BC's Forest Practices Board (Board). In Western Canada Wilderness Committee v. British Columbia, two environmental advocacy groups (referred to as WC2), challenged the Minister of Environment's decision not to issue 'Section 7 Notices' under the Forest Planning and Practices Regulation (Regulation) in relation to Coastal Douglas Fir (CDF).

Among other things, section 5(1) of the Forest and Range Practices Act (FRPA) requires that before the Ministry of Forest, Lands and Natural Resource Operations (FLNRO) may approve a forest stewardship plan (FSP) to authorize timber harvesting activities, the FSP must specify intended results and strategies in relation to "objectives set by government." In turn, various objectives set by government are specified in the Regulation. The government's objective for wildlife under section 7(1) of the Regulation is "to conserve sufficient wildlife habitat … for … the survival of species at risk." Read the full article by Jeff Waatainen with Davis LLP and published in the BC Forest Professional Magazine. 

BC Supreme Court Issues Major Award
for Remediation of Contaminated Site
The BC Supreme Court issued a key decision in the area of contaminated sites [on August 25^th], awarding $4.75 million in "reasonably incurred" remediation costs to the plaintiff, JI Properties, Inc. ("JI Properties"). The award compensated JI Properties for money it spent remediating contamination on James Island, BC. This award is the largest of its kind to-date. The decision is potentially precedent-setting, contributing to the development of BC's contaminated sites law in a number of areas. The decision:

• reiterates that "polluter pays" underpins the entire Environmental Management Act ("EMA") contaminated sites regime, by finding the defendant polluter responsible for paying all of the plaintiff's reasonably incurred remediation costs;
• found the limitation period for cost recovery actions under the 1996 Limitation Act is six years and does not begin until all of the costs of remediation are incurred;
• held that comfort letters issued to landowners by the Ministry of Environment prior to the introduction of the EMA are not the same as Certificates of Compliance under the EMA and do not protect a responsible person from liability for remediation costs; and
• applied a broad, purposive approach to evaluating the reasonableness of remediation costs, and accepts that reliance on expert consultants is a strong indicia of reasonableness.

Read the full article by Michael Manhas and Jana McLean with Bull, Housser & Tupper LLP. 

Environmental Appeal Board Decisions
There was only one decision made by the Environmental Appeal Board in the month of August:

Environmental Management Act: Emily Toews; Elisabeth Stannus v. Director, Environmental Management Act [Preliminary Applications – Granted in Part]

New Environmental Annotations Posted
The first of many annotations have now been posted to various environmental laws. You can identify an annotated section by the annotation icon located on the far right side of each section. For example, if you go to the table of contents of the Environmental Management Act you will see a star icon adjacent to the title at the top. Click the star icon to view the Expert annotation. To view all annotations under an Act, click the "View Annotations for this Law" button on the top menu bar. You can expect to see a significant number of annotations posted in the coming weeks, including annotations to forestry-related laws.

Health News:

Private Health Care Lawsuit Delayed amid
Settlement Talks, Prompting Criticism
A Vancouver surgeon's lawsuit over patient access to private health care in BC has been pushed back by six months while he tries to reach a settlement with the province.

Dr. Brian Day's case against the BC government was supposed to go to trial on September 8, but after an appearance in BC Supreme Court on [August 25^th], the trial was adjourned until March 2, 2015.

According to the Ministry of Justice, it was Day who applied for the adjournment. The surgeon's lawyer, Peter Gall, said the adjournment was requested "to enable the parties to discuss a possible resolution," but would not comment further.

Day, the co-owner of Vancouver's Cambie Surgery Centre, launched the legal challenge in 2009. Read The Vancouver Sun article. 

BC Supreme Court Breathes Life into New Breed
of Potential Pharma-Related Class Action
Whereby Innovator Profits Are at Risk
In Canada, innovator drug companies can protect their market exclusivity from generic copycats by asserting patents against the generic manufacturer in litigation under the PM(NOC) Regulations. Until now, the consequences of losing PM(NOC) litigation was the potential payment of damages to the generic whose market access was delayed by the litigation. These so-called "section 8 damages" are limited to the actual loss suffered by the generic during that specific period of delay. Public policy is such that the profits earned by the innovator during that period cannot, however, be disgorged pursuant to section 8 of the PM(NOC) Regulations.

In this potential class action, however, the representative plaintiff seeks disgorgement of the profits Pfizer earned during the period it prevented generic competition from Teva for VIAGRA by asserting a patent that was ultimately found invalid in PM(NOC) litigation. The plaintiff's claim is based on the theory that people overpaid Pfizer for VIAGRA relative to what they could have paid had Pfizer not wrongfully delayed generic competition through the assertion of an invalid patent. Read the full article by David Tait, Steven Tanner and Brandon Kain with McCarthy Tétrault. 

BC Appeal Court OKs Medical Marijuana in Tea, Cookies
The BC Appeal Court has ruled the federal government's restriction on allowing only dried marijuana to be used under its medical access regulations is unconstitutional.

Owen Smith, who challenged the law, argued some patients want to consume their marijuana medicine in butters, brownies, cookies and teas.

Smith claimed the right to administer the drug in other forms is fundamental, but that was denied by federal government regulations. Read The Globe and Mail article. 

Labour and Employment News:

Human Rights Tribunal Asks Complainant
to Pay Respondent's Legal Costs
On August 15, 2014, the BC Human Rights Tribunal (the "Tribunal") released its decision in Ma v. Dr. Iain G.M. Cleator and another, 2014 BCHRT 180 ("Cleator"), where it ordered the complainant to pay a portion of the respondent's costs. In doing so, the Tribunal sent a strong message about its expectations for honesty and integrity in its process.

The complainant, Kim Ma, was a medical office assistant to the respondent, Dr. Iain Cleator. After a couple of years of employment, Ms. Ma took an extended maternity leave. When she returned to the workplace, she found some significant changes: the clinic was much busier, it had more staff, and new office procedures had been put in place. Ms. Ma was resistant to these changes and immediately had conflict with the new office manager. Her employment was subsequently terminated by Dr. Cleator about a month after she returned from her leave.

Ms. Ma brought a complaint to the Tribunal alleging that Dr. Cleator discriminated against her on the basis of family status, sex (pregnancy) and mental disability.

After a lengthy ten-day hearing, the Tribunal dismissed Ms. Ma's complaint in its entirety, since it found that Ms. Ma had deliberately fabricated the allegations against Dr. Cleator. Further, the Tribunal concluded that she had lied under oath at the hearing and had forged or altered documents that she presented as evidence. The Tribunal found Ms. Ma's behaviour to be so egregious that it did something uncommon: it ordered her to pay $5,000 towards Dr. Cleator's legal fees. Read the full article by Maggie Campbell with Davis LLP. 

Failure to Mitigate Damages Leads to a
Reduction in Termination Notice
The Supreme Court of British Columbia confirmed that following the termination of a senior employee who had over 20 years of service with the employer, the employee was entitled to a reasonable notice period of 17 months considering the Bardal factors. However, due to the employee's extremely passive attitude towards finding new employment, the notice period was reduced to 14 months. In a nutshell, the employee just did not do enough to seek alternate employment.

What happened?
This long-term employee was 59 years old and worked as a senior financial services manager in a company that sold cars to the public. His duties included selling cars, and, after any sale was made in the company, the client was directed to the employee's office to complete the necessary papers and conclude the transaction. The employee also offered customers automobile appearance protection packages and a variety of leasing, insurance, warranty and financing options for their new cars.

Read the full article by Christina Catenacci and published on the First Reference Talks website. 

New Annotations Posted to Pension Laws
The first of many annotations have now been posted to pension-related laws. You can identify an annotated section by looking at the annotation icon located on the far right side of each section. For example, if you go to section 10 (1) (e) of the Pensions Benefits Standards Act, you will see a star icon adjacent to the section. Click the star icon to view the Expert annotation. To view all annotations under an Act, click the "View Annotations for this Law" button on the top menu bar.

Local Government News:

Vancouver's New Building Bylaw
Unlike any other city or municipality in British Columbia, the City of Vancouver is authorized by the Vancouver Charter to pass its own building bylaws regulating the design and construction of buildings as well as administrative provisions for permitting, inspection and enforcement. On 1^st April, 2014, Vancouver City Council adopted the 2012 British Columbia Building Code, with additional requirements and revisions specific to Vancouver, to create the 2014 Vancouver Building Bylaw (the "Vancouver Building Bylaw"). The Vancouver Building Bylaw was originally scheduled to come into effect on 1^st July, 2014 but that date has been extended to 1^st January, 2015. The current 2007 Vancouver Building Bylaw will remain in effect until that date. The Vancouver Building Bylaw includes amendments to improve housing for seniors and people with disabilities as well as amendments to promote the City's objectives of the "Greenest City 2020 Action Plan". This environmental action plan contains specific goals addressing issues such as reducing carbon footprint, achieving zero waste and preserving the City's ecosystems, which the City hopes to achieve by 2020 to constitute the world's "greenest city". Read the full article by Karen L. Weslowski with Miller Thomson LLP. 

UBCM Session Examines Historic Land Title Decision
The Tsilhqot'in land title decision, and its impacts on local governments, will be explored as part of a UBCM Convention Plenary Session that features Chief Roger William along with legal and government representatives.

This Plenary Session will take place September 23 from 1:45 – 3:00 p.m. at the Whistler Conference Centre (Ballroom A). It will take the form of a panel discussion, moderated by Councillor Murry Krause, Chair of the UBCM First Nations Relations Committee. Chief Roger William, Xeni Gwet'in First Nation, and Director, Cariboo Regional District will provide an overview of the decision from the Tsilhqot'in Nation's point of view. Legal, federal and provincial representatives have also been invited to provide their perspectives. This session will touch on a number of topics and subject matter areas that affect local governments, helping those in attendance understand how this decision will affect their communities now, and in the future. Read more on the UBCM website.

Leap in Gas Tax Funded Projects
The impact of the federal Gas Tax Fund on BC communities continues to grow. Based on local government reporting, the program provided funding for 676 infrastructure and planning projects in 2013, 433 of which are new – a 20% increase as compared to 2012.

UBCM is preparing its 2013 Gas Tax Annual Expenditure Report to be released next month. This report will highlight the financial and project details for the 2013 Federal Gas Tax Fund reporting year, as well as report on the cumulative data for the nine-year Gas Tax Agreement. Read the UBCM article. 

Required E-Filing Deadline of August 31
for Some Local Governments
The Director of Land Titles of the Land Title and Survey Authority of BC (LTSA) reminds local governments with populations of 20,000 or over that as of August 31, 2014 they are required to submit applications electronically to the Land Title Office.

Local governments are invited to join the Authorized Subscriber Register (ASR) by registering eligible staff as authorized subscribers. Authorized subscribers are authorized to electronically sign certain applications that can then be submitted to the Land Title Office using the Electronic Filing System (EFS).

The phased removal of temporary electronic filing exemptions was originally announced on February 21, 2014 (read announcement). Details on Required E-filing can be found in the Director's Requirements to File Land Title Forms Electronically.

Local government staff with questions about Required E-filing or membership in the Authorized Subscriber Register should contact the LTSA Customer Service Centre at 604-630-9630 or 1-877-577-LTSA (5872). To arrange complimentary EFS training, contact the myLTSA Technical Support at 604-630-9630 or 1-877-577-LTSA (5872), press menu item 2. Source: BC Land & Title Survey

New Local Government Annotations Posted
The first of many annotations have now been posted to local government-related laws. You can identify an annotated section by looking at the annotation icon located on the far right side of each section. For example, if you go to section 26 (1) of the Community Charter, you will see a star icon adjacent to the section. Click the star icon to view the Expert annotation. To view all annotations under an Act, click the "View Annotations for this Law" button on the top menu bar. Expect to see many more annotations posted in the coming weeks and months.

Miscellaneous News:

Vancouver Aquarium Files Legal Challenge
to Whale, Dolphin Breeding Ban
The Vancouver Aquarium has filed a legal challenge seeking to overturn a Vancouver Park Board resolution to ban the breeding of whales and dolphins at the popular Stanley Park tourist attraction.

In a petition filed in BC Supreme Court, the aquarium claims the board's decision falls outside its jurisdiction as a municipal body. The aquarium says the resolution interferes with its day-to-day operations.

"We resent being turned into a political football," said aquarium president John Nightingale. The resolutions put forth by the park board restrict the aquarium's ability to fully continue its mandate." Read the full article on CBC News.

Motor Vehicle and Traffic News:

CVSE Sets up New Dispute Resolution Website
The dispute resolution process was developed in consultation with industry stakeholders, CVSE staff and management, legal service branch (LSB) and other governmental agencies. The intention of the process is to ensure decisions are:

• legally and factually correct
• made with appropriate understanding of the relevant policy factors
• made using processes that comply with the applicable rules of natural justice or procedural fairness
  • the person knows what is being considered and
  • has an opportunity to present their version
• resolved in a timely manner with due consideration of all circumstances

Visit the website for more information. 

Another Lawsuit Filed over Port Mann
"Slush Bomb" Incident
A third lawsuit has now been filed related to the slush bombs that fell on drivers crossing the Port Mann Bridge in the winter of 2012.

According to a notice of civil claim filed in New Westminster Supreme Court in August, Teresa De Jesus Faria Macedo is suing Transportation Investment Corp. (TI Corp.), the company that operates the Port Mann/Highway 1 project, and three other companies involved in the construction of the bridge, over the slush bomb incident on December 19, 2012.

Court documents state she was driving westbound attempting to cross the bridge that day and was injured when ice and snow plummeted on her windshield causing it to shatter. The impact caused snow, ice and glass to cover parts of the inside of the vehicle resulting in injury. Read more on The Vancouver Sun website.

New Annotations Posted
The first of many annotations have now been posted to some of the motor vehicle-related legislation. You can identify an annotated section by looking at the annotation icon located on the far right side of each section. For example, if you go to section 98 of the Insurance (Vehicle) Act, you will see a star icon adjacent to the section. Click the star icon to view the Expert annotation. To view all annotations under an Act click the "View Annotations for this Law" button on the top menu bar.

Property and Real Estate News:

The Difference a Day Can Make: When a
Strata Council Pulls Out the Rules
Governing and managing a strata property can be messy and difficult. Strata owners are generally a disparate group with little in common beyond ownership in the strata. From among this group, a strata council must be elected, usually all volunteers who, to one degree or another, are reluctant participants and untrained in strata governance. Yet, it is the members of the strata council who are often required to address the misconduct of individual owners and make decisions about what may, or may not, take place on strata property. What are they to do?

In many cases, listening to the competing sides in any strata dispute and making common sense suggestions on route to a consensual resolution of an issue will suffice. It is certainly the most reasonable way to solve problems, provided everyone behaves reasonably. But what if that is not possible?

The short answer is that the strata council has recourse to its bylaws and the Strata Property Act to impose solutions and compel appropriate behavior in the right circumstances. In other words, they can pull out the rules and use them to force a resolution of the particular issue. Read the full article by Peter Roberts with Lawson Lundell LLP.

Real Estate Development Marketing Act –
Amendments to Policy Statements
Changes to the Real Estate Development Marketing Act ("REDMA") came into force on May 29, 2014.

The Superintendent of Real Estate has introduced amendments to policy statements under REDMA which are designed to complement the changes to REDMA.

Changes to the policy statements will require new forms of Disclosure Statements to reflect changes to REDMA, including clarification on construction commencement and completion dates and disclosure of permitted uses in the zoning of the development lands.

The amendments will also clarify the disclosure requirements when multiple building permits are issued for one development. Read the full article by Bradley Cronquist with Pushor Mitchell LLP. 

Installation of Electric Vehicle Charging
Stations on Strata Properties in BC
CHOA recently announced the release of their recent report "Installation of Electric Vehicle Charging Stations on Strata Properties in British Columbia". This report, developed by the Condominium Home Owners' Association (CHOA) in partnership with the Ministry of Energy and Mines, identifies what a strata corporation or a strata lot owner needs to know when considering the installation of an electric vehicle charging station (EVCS) on strata property. Click here to download the report.

Wills and Estates News:

New Statutory Property Guardianship Legislation and
Regulation Coming into Effect December 1, 2014
There are some significant changes coming into effect on December 1, 2014 to British Columbia's adult guardianship legislation. The changes will primarily [affect] both how the Public Guardian and Trustee is appointed to manage the property of persons who are considered to be incapable of managing their financial affairs, and the rights of those persons.

Currently, the Public Guardian and Trustee may be appointed to manage the financial affairs of a person who is incapable either through a certificate under the Mental Health Act, or through a court application under the Patients Property Act.

Effective December 1, 2014, the process by which the Public Guardian and Trustee may be appointed by certificate under the Mental Health Act will be replaced by provisions in Part 2.1 of the Adult Guardianship Act, and the Statutory Property Guardianship Regulation. Read the full article by Stan Rule on his blog Rule of Law. 

Court Clarifies WESA Notice Requirement
Since BC's Wills, Estates and Succession Act (WESA) and accompanying Supreme Court Probate Rules came into force on March 31, we have been working with our counterparts in the Probate Registry to clarify some of the new procedural requirements. One of the things we have puzzled over, relating to the timing of the beneficiary notice, has been clarified by a recent court decision.

Rule 25-2 requires notice of an intended estate grant application in Form P1 to be sent to beneficiaries, next of kin, and sometimes others, "at least 21 days before submitting for filing" the application materials. When the application materials are submitted, they must include an affidavit of delivery in Form P9. This affidavit confirms that the notice has been sent as required, but the prescribed form does not require the person making the affidavit to say when they sent the notice. Read the article by Richard Weiland with Clark Wilson. 

New Wills and Estates Annotations Posted
The first of many annotations have now been posted to wills and estates-related laws. You can identify an annotated section by the annotation icon located on the far right side of each section. For example, if you go to Appendix A.1 – Probate Forms – Forms P1 to P10 of the Supreme Court Civil Rules (B.C. Reg. 168/2009) you will see a star icon adjacent to the section. Click the star icon to view the Expert annotation. To view all annotations under an Act, click the "View Annotations for this Law" button on the top menu bar. Expect to see many more annotations posted in the coming weeks and months.