Company and Finance News:

CSA Adopt Enhanced Oil and
Gas Disclosure Rules
[On December 4^th], the CSA released amendments to NI 51-101 Standards of Disclosure for Oil and Gas Activities intended to promote the disclosure of resources other than reserves, while also improving flexibility for issuers.

As discussed when the changes were first proposed in October 2013, the amendments will, among other things, permit, in certain circumstances, disclosure prepared under an alternative resources evaluation standard such as the SEC's reserves disclosure regime, provide clearer guidance for the disclosure of contingent and prospective resources, introduce a principle-based approach to the disclosure of oil and gas metrics and clarify the concept of marketability in the reporting of oil and gas volumes. Read the full article by Keith Chatwin with Stikeman Elliott LLP. 

Canadian Securities Regulators Propose to
Revive and Streamline Rights Offerings
On November 27, 2014, the Canadian Securities Administrators ("CSA") published for comment proposed amendments (the "Proposed Amendments") to the rules governing rights offerings in Canada. Rights offerings are offerings of securities to shareholders of the issuer existing at the time of the offering. The CSA acknowledges that rights offerings can be one of the fairer ways for issuers to raise capital as they provide security holders with an opportunity to protect themselves from dilution. However, the CSA also recognizes that reporting issuers very seldom use prospectus-exempt rights offerings because of the associated time and cost.

The Proposed Amendments are designed to make prospectus-exempt rights offerings more attractive to reporting issuers by creating a streamlined prospectus exemption (the "Proposed Exemption"). The Proposed Exemption updates requirements and removes the current regulatory review process prior to use of the rights offering circular. The CSA have also proposed increased investor protection through the addition of civil liability for secondary market disclosure and the introduction of a user-friendly form of rights offering circular. Read the full article by Bernard Pinsky with Clark Wilson LLP. 

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

• BCN 2014/11 – Notice of Revised Recognition Order for Mutual Fund Dealers Association of Canada
  The British Columbia Securities Commission is issuing a revised recognition order for the Mutual Fund Dealers Association of Canada.

• 45-106 – CSA Notice and Request for Comment – Proposed Amendments to National Instrument 45-106 Prospectus and Registration Exemptions, National Instrument 41-101 General Prospectus Requirements, National Instrument 44-101 Short Form Prospectus Distributions, and National Instrument 45-102 Resale Restrictions and Proposed Repeal of National Instrument 45-101 Rights Offerings
  The proposed amendments would create a streamlined prospectus exemption for rights offerings by reporting issuers and update other requirements related to rights offerings. The comment period ends on February 25, 2015.

• 24-102 – Notice and Request for Comment on Proposed National Instrument 24-102 Clearing Agency Requirements and Related Companion Policy 24-102CP
  This notice describes proposed amendments to National Instrument 24-102 Clearing Agency Requirements and related documents. The comment period for this proposal expires on February 10, 2015.

For more information visit the BC Securities website.

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

• Bulletin PST 002, Charging, Collecting and Remitting PST
• Bulletin PST 120, Accommodation
• Notice 2013-011, Notice to Off-Road Vehicle Owners
• Notice 2014-005, 2015 IFTA Licence Renewal
• Bulletin PST 005, Buying a Business
• Bulletin PST 207, Medical Supplies and Equipment
• Notice 2014-006, Multijurisdictional Vehicle (MJV) Tax and the Implementation of the Full Reciprocity Plan
 

For more information, visit the Consumer Taxes website.

Energy and Mines News:

BC Court: No Abuse of Water
Approvals for Fracking
Because fracking consumes a huge amount of water, Western Canada Wilderness Committee (WCWC) and the Sierra Club of B.C. recently challenged how the BC government grants water use approvals to oil and gas companies. The government gives a series of short term approvals for fracking, frequently renewed, without regulating the cumulative water taking of an entire project.

Does this violate B.C.'s Water Act. WCWC et al. v. B.C. (Oil and Gas Commission) et al., 2014 BCSC 1919?

At issue was the interpretation of s. 8 of the Act and, specifically, whether the provincial oil and gas commission (OGC) was abusing the power to grant consecutive short-term approvals in lieu of longer licenses which theoretically require greater environmental review. Section 8(1) states:

If a diversion or use of water is required for a term not exceeding 24 months, the comptroller or a regional water manager may, on application, without issuing a licence, grant an approval in writing, approving the diversion or use, or both, of the water on the conditions the comptroller or regional water manager considers advisable.

The Court pointed out that oil and gas companies "use" less than 1% of all surface water allocated for use in B.C. and that hydro power is allocated greater than 90% of all such approvals. WCWC, supra at para. 16. Oil and gas operators typically require water use for geophysical exploration, drilling, winter road construction, well drilling and the testing of pipelines, for example.

Read the full article by Dianne Saxe with Saxe Law Office.

Province Releases Progress Report
on Mount Polley Remediation
The first phase of a long-term remediation plan for the area impacted by the Mount Polley breach focuses on human health and environmental safety through the winter and spring, to June 2015. A progress report on Mount Polley Mining Corporation's remediation plan, focusing on Phase One of a longer-term plan, was released by Environment Minister Mary Polak. The company has already completed or initiated many components of Phase One, toward achieving three key outcomes, which will ensure:

• No further unauthorized discharges into Hazeltine Creek;
• The impact zone will be stabilized to manage seasonal events; and
• Water quality entering Quesnel Lake and at the outer edge of the impact zone will meet provincial water quality guidelines.

Deliverables of Phase One of the longer-term plan are contained in a letter to the company outlining what actions have been completed to the ministry's satisfaction, and what actions still need to be taken over the short-term. This letter, along with the progress report and other supporting documents can be found online at: http://www.env.gov.bc.ca/eemp/incidents/2014/mount-polley/updates.htm. Read the full government news release. 

Family and Children News:

JP Boyd Invites Feedback on Recent Decisions
under the Family Law Act
John-Paul Boyd, a frequent contributor to Quickscribe, has posted commentary on cases that may perhaps be, in his view, incorrectly decided. These opinion-based annotations have been published adjacent to the appropriate sections of the Family Law Act, including sections 9, 43, 44, 65, 199 and 228. Please feel free to contribute your thoughts to this discussion via the "reply" function at the bottom of each annotation.

The Calculation of Child Support: A Basic Guideline
The Federal Child Support Guidelines provide a framework for the payment of child support that a parent pays to support a child financially after a separation or divorce.

What are the Federal Child Support Guidelines?
As stated in Paragraph 1 of the Guidelines, their purpose is:

1. To establish a fair standard of support for children that ensures that they continue to benefit from the financial means of both spouses after separation;
2. To reduce conflict and tension between spouses by making the calculation of child support orders more objective; The Federal Child Support Guidelines apply to children of the marriage who are under the age of majority or who are "the age of majority or over but [are] unable, by reason of illness, disability or other cause to obtain the necessities of life."
3. To improve the efficiency of the legal process by giving courts and spouses guidance and encouraging settlement; and,
4. To ensure consistent treatment of spouses and children who are in similar circumstances.

The Federal Child Support Guidelines apply to children of the marriage who are under the age of majority or who are "the age of majority or over but [are] unable, by reason of illness, disability or other cause to obtain the necessities of life." The Government of Canada guide suggests that "Generally, the courts recognize the pursuit of post-secondary education as a valid 'other cause'." Read the full article by Mark G. Jones and published on the website Law Now. 

Forest and Environment News:

Range Act Amendments
Changes made to the Range Act and Range Act regulation to improve the management of BC's rangeland will come into force [December 1, 2014], Forests, Lands and Natural Resource Operations Minister Steve Thomson has announced. The regulatory changes reflect a commitment made in the BC Jobs Plan and a recommendation of the Ranching Task Force to improve the regulatory framework for range tenure holders. The changes to the Range Act regulation:

• streamline the process for approving agreements (permits and licences) so vacant Crown range can be allocated more quickly and efficiently;
• simplify the fee structure and eliminate some fees;
• improve business certainty for range operators by allowing longer terms on tenures, and also allow the conversion of grazing permits issued prior to 2004 to grazing licences; and
• enable the conversion of grazing leases to grazing licences, providing tenure holders more flexibility to manage their businesses.

The changes to the Range Act regulation will also give licence holders and other agreement holders more freedom to manage their operations by removing the requirement for operators to obtain ministry approval before selling their excess hay production. The changes will also allow a holder of multiple tenures to more easily consolidate or subdivide those tenures. Source – Government of BC 

Environmental Appeal Board Decisions
A number of Environmental Appeal Board decisions were released in the month of November. These include the following:

Environmental Management Act

• Emily Toews; Elisabeth Stannus; Unifor Local 2301 v. Director, Environmental Management Act [Preliminary Issues – Appeals Denied]
• Emily Toews; Elisabeth Stannus v. Director, Environmental Management Act [Application for Order to Produce Documents – Denied]
• Emily Toews; Elisabeth Stannus v. Director, Environmental Management Act [Preliminary Applications – Denied in Part]

Wildlife Act

• Ryan Damstrom v. Regional Manager (Kootenay Boundary Region) [Final Decision – Appeal Allowed in Part]

Visit the Environmental Appeal website for more information.

Health News:

Seniors Struggle with Drug Costs in BC
Seniors are poorly served by income-based pharmaceutical coverage, which leads to prescription skipping and higher costs for hospitalization, according to a new report released [December 3^rd] by the Institute for Research on Public Policy.

"British Columbians report greater financial barriers to filling prescriptions than people do in other provinces," said lead author Steve Morgan, director of the Centre for Heath Services and Policy Research at the University of BC. As the proportion of people over the age of 65 began to accelerate a decade ago, several provinces, including BC, ended age-based drug coverage that paid virtually all pharmaceutical costs for seniors.

"Pharmaceutical policy is particularly prone to age-related financial pressures, not so much on a system as a whole, but on governments," said Morgan. Read The Vancouver Sun article. 

Labour and Employment News:

Discriminatory to Provide Birth Mothers Same Amount
of Top-up Benefits as Birth Fathers, Adoptive Parents
In a rare oral judgment that was issued on November 12, 2014 – British Columbia Teachers' Federation v. British Columbia Public School Employers' Association, 2014 SCC 70 – the Supreme Court of Canada overturned a decision by the BC Court of Appeal and restored the decision of a labour arbitrator concerning top-up benefits provided to teachers who are new parents.

The labour arbitrator, John B. Hall, had ruled that it was discriminatory – under section 15 of the Charter of Rights and Freedoms and section 13 of the BC Human Rights Code – to provide the same amount of top-up benefits to birth mothers as birth fathers and adoptive parents. Read the full article on Greg Gowe's Canadian Workplace Law website. 

Irene Lanzinger, New BC Fed President, Targets
$15/h Minimum Wage
Former Head of the BC Teachers' Federation Replaces Jim Sinclair as BC's Top Union Leader
Raising British Columbia's minimum wage to $15 per hour is one of the top goals for the newly-elected president of the BC Federation of Labour, Irene Lanzinger.

Lanzinger has become the first female to lead the half-a-million strong labour organization, beating out Amber Hockin by just 57 ballots during voting at the 56^th annual convention in Vancouver on [November 27^th].

She replaces Jim Sinclair who announced in October that he would not seek re-election after serving 15 years as the president.

"We are seeing a growing gap between rich and poor and a lot of poverty in British Columbia," said Lanzinger in an interview. Read the CBC article. 

Employees on Extended Medical Leave
Disability management concepts
An employee leaves work in tears. A doctor's note follows, stating the employee will be absent two weeks for medical reasons. Two weeks becomes a month, a month becomes two, and a year later the employee is still on leave.

The employer now faces a situation that began as a short-term medical leave, and has become a protracted employee absence fraught with legal liability.

Employees on extended leaves present legally complicated situations, and employers should consider the following approaches to disability management:

Obtain Information and Assess Fitness for Work
An important step in disability management is to understand the employee's abilities and restrictions as a result of the illness, and understand whether the employee requires any accommodations to return to work. Employers don't need the employee's specific diagnosis. However, it is important to understand if the employee's illness is temporary or permanent, how the illness affects the employee's ability to do the job and whether the illness presents any safety concerns.

Read the full article by Jonas McKay with the law firm Hamilton Howell Bain & Gould and published in Bar Talk. 

Working Outside the Employment Standards Act:
Variances, Averaging Agreements, and Exclusions
Flexible shift work schedules are a familiar part of large-scale infrastructure and resource projects in British Columbia. In those industries, it is common for employees to work for several weeks, followed by a week off, work 10- or 12-hour shifts, or work some other nonstandard schedule. However, as more employers look for ways to lower payroll costs and improve flexibility, demand for flexible shift scheduling is increasing across many industries, a trend which is gaining momentum and will continue for the foreseeable future.

The reasons motiving non-standard work schedules are myriad, but often include time and cost pressures on employers. For example, market pressures may demand that a project is complete before price changes make the project uneconomic. Employers often compete for skilled employees from out of province, who may prefer the compensation benefits offered by many consecutive days of work, and longer breaks to return home. Finally, capital-intensive equipment can be better utilized when projects are completed quickly, allowing employers to be more efficient. Read the full article by Michael Hamata with Davis LLP. 

Local Government News:

Amendments to the Local Government Act
By way of Bill 17, the Miscellaneous Statutes Amendment Act, the provincial government adopted several amendments to the Local Government Act on May 29, 2014. These amendments were intended, amongst others, to allow modern land use policies by phasing out any remaining land use contracts and to protect developers by "insulating" in-stream rezoning and development permit applications from increases in development cost charges.

Phasing Out Land Use Contracts
Many parcels of lands in British Columbia are subject to land use contracts. Land use contracts were a common planning tool used by local governments between 1972 and 1977. These were contractual agreements between the land owner and a local government that established the specific use and development restrictions on parcels of land. The land use contracts were filed in the Land Title Office. The provisions of the land use contract superseded the relevant zoning bylaw as well as other land use bylaws. They were in many ways an early type of site specific or comprehensive development zoning. Often the effect of the land use contract was to preserve the zoning that was in place at the date the land use contract was entered into.

Read the full article by Edward Wilson and Stephanie Redding with Lawson Lundell LLP. 

2014 Edition of Guide for Municipal Council
Members and Regional Directors – SMS
The 2014 edition of the Guide for Municipal Council Members and Regional District Directors was recently published on the Stewart McDannold Stuart website. Please click here to view the new Guide.

BC Communities Receive Grants-in-Lieu
of Property Taxes
[On November 14, 2014] the BC government will [begin] distributing approximately $17.1 million in compensation for municipal property taxes to 59 communities throughout the province.

Grants-in-lieu of property taxes are distributed every November to reimburse municipalities for services that benefited government properties, such as municipally run sewers, roads and fire protection.

Grants are issued in accordance with the Municipal Aid Act and are payable on land owned by the provincial government such as courthouses, provincial government office buildings and warehouses.

Schools and hospitals are exempt from paying municipal property taxes and are not part of the grant-in-lieu calculation. Other provincial assets such as highways, forests, parks or land under the control, management or administration of a Crown corporation are also excluded from compensation under the Act. BC Emergency Health Services is responsible for grants-in-lieu payments for ambulance stations. Read the full government news release. 

"What is this Zoning Worth to You?":
British Columbia's Attempt to Control
Voluntary Amenity Contributions
In March 2014, British Columbia's Ministry of Community Sport and Cultural Development issued a set of guidelines relating to local governments taking amenity contributions (the "Guidelines"). The Guidelines are entitled "Community Amenity Contributions: Balancing Community Planning, Public Benefits and Housing Affordability." They address the practice whereby local governments require community amenity contributions ("CACs") – such as payments towards or for childcare facilities, social housing, community facilities and the like – from owners and developers applying to change land use bylaws. In British Columbia, local governments do not have express authority to require CACs. However, many local governments and developers negotiate these at or as a condition of zoning. The Guidelines set out the Province's position on CACs. The Province cautions local governments that CACs have no legal basis and cites CACs as a possible cause of rising housing prices. Despite this caution, the Province condones the practice and sets out the "dos" and the "don'ts" of CACs: flexibility and proportionality on the one hand, and not creating the semblance of "selling zoning" on the other. This article by Olga Rivkin with Bull Housser LLP will examine the practice of negotiating CACs and the Guidelines, and will speculate whether the Guidelines – an informal policy guiding an informal practice – are likely to change the status quo. Read the full article. 

A Sigh of Relief for Elected Officials – BC Supreme Court
Accepts Defence of Honesty and Good Faith in Claim
for Personal Liability – by Colin Stewart
In the recent BC Supreme Court decision Orchiston v. Formosa, 2014 BCSC 1080, the BC Supreme Court has ruled on the interpretation to be given to section 191 of the Community Charter and, in particular, has considered defences available to local government elected officials who may be found to have authorized the expenditure of money without lawful authority.

Background
The background of the case was a loan made by the municipality to a development corporation known as the Powell River Waterfront Development Corporation (the "Corporation") of which the City was the sole shareholder. The City had sought and obtained legal advice that such a shareholder loan to the Corporation would be lawful. The respondents were elected to Powell River Council after the shareholders loan had been made but relying upon the earlier opinion, the City granted a further loan approved by Council in the amount of $12,000.00.

These loans were eventually repaid by the Corporation shortly after the municipality entered into a partnering agreement with the Corporation under section 21 of the Community Charter.

Read the full article by Colin Stewart with Stewart McDannold Stuart. 

Miscellaneous News:

Expect Canada's Anti-Spam Law Could Face
Charter Challenge, Law Professor Says
We'll remember 2014 as the year we all received that unsolicited email asking us if we would consent to receive more unsolicited email.

It was laughable – spam asking for permission to send you spam. But next year, things might get more serious. At least one law professor thinks 2015 could be the year section 13 of the BC Canada's Anti-Spam Law (CASL) faces a constitutional challenge.

Emir Crowne, a law professor at the University of Windsor and Stephanie Provato, a law student who expects to receive her degree in 2015, have jointly authored an academic paper for the John Marshall Journal of Information Technology & Privacy Law that argues Canada's federal anti-spam legislation creates unconstitutional limits on free speech. They say that the law violates the freedom of expression guarantees in section 2(b) of the Charter of Rights and Freedoms, and that those violations are too broad to be saved as a justifiable limit under section 1.

"It's a tough Act to defend from a Charter perspective," Mr. Crowne said in an interview. He's not aware of anyone filing an immediate challenge in court. But he says the maximum administrative monetary penalties or "AMPs" imposed by the law – $1-million for individuals and $10-million for corporations – are high enough to inspire anyone charged under the Act to raise the constitutional issue as a defence. Read the article by Drew Hasselback and published in the Financial Post.

Ian Mulgrew: Lawyers Sue Province over Civil Jury Fees
Costs present a barrier to justice by making process unaffordable, group maintains
Charging would-be litigants up front for the cost of a civil jury is unconstitutional and represents a barrier to civil justice, the Trial Lawyers Association of B.C. says in a lawsuit against the provincial government.

The sheriff's levies are unaffordable not just by the indigent and needy, but also by large segments of the middle class, the group maintains.

"The right to Canadians to pursue or defend a civil claim before a civil jury enhances the achievement of justice, serves the public interest and is an essential aspect of the Canadian civil justice system," the trial lawyers say.

The B.C. Supreme Court rules state a litigant must pay to the sheriff a sum sufficient to cover the costs for the jury and the jury process.

In a statement of claim filed with the court [December 2^nd], the lawyers say not only do the hefty fees deter anyone who isn't wealthy, but also they have not been authorized by an order-in-council under the Jury Act or any other statute. Read The Vancouver Sun article. 

Changes to Dangerous-Offender Scheme
Violates Charter, BC Court Rules
A British Columbia judge has ruled the Conservative government's six-year-old changes to the dangerous-offender regime violate the charter, but it's not yet clear whether the law will be struck down.

The B.C. Supreme Court ruling involves the case of Donald Boutilier, who pleaded guilty in May 2012 to a number of offences including assault and robbery. The Crown asked that he be declared a dangerous offender, which carries the possibility of an indeterminate sentence.

His lawyer challenged the law, arguing changes put into place in 2008 under an omnibus crime bill violate Boutilier's charter rights because they removed the judges' discretion over declaring someone a dangerous offender.

Judge Peter Voith said the changes mean some offenders could be labelled dangerous regardless of whether they actually pose a risk to the public.

"A dangerous-offender designation, absent consideration of the treatment prospects for an offender, serves to permanently label an offender as dangerous when there may be 'clear evidence' that the offender, with treatment, does not pose a risk or poses a limited risk to the public," Voith said in a written decision.

A hearing is scheduled in the new year to determine what will happen to the law. Read the entire article published in The Province. 

Motor Vehicle and Traffic News:

CVSE – National Safety Code Bulletin
Re: Maintenance of Records
– Motor Vehicle Act Regulations 37.29 (1)
Section 37.29 of the Motor Vehicle Act Regulations (MVAR) requires the carrier to maintain their records at its principal place of business in the Province. Any other location must be approved by the director of Commercial Vehicle Safety and Enforcement (CVSE). The definition for the "principal place of business" is the place identified in writing by the carrier to the director, and approved by the director, where daily logs, supporting documents and records required to be maintained by MVAR 37.29 are kept by the carrier. The maintenance of records at a consultants' location does not meet the definition of the carriers' "principal place of business" unless approved by the director. Consequently, consultants that are retaining client records are advised to return all records to their clients immediately or have the carrier submit a written request to the NSC Program Office. View the entire Bulletin here published on the CVSE website. 

Off-Road Vehicle Registration
Launched for BC
New rules are voluntary, but will become mandatory in June
New rules came into in effect on Monday [November 17^th] for off-road vehicles in BC, including a new registration system for all ATVs, snowmobiles, and dirt bikes.

Owners have to pay a one-time fee of $48 to register their vehicles with ICBC. All vehicles will require a license plate or a decal and will be added to a province-wide database.

For now the registration is voluntary, but beginning in June, it will be mandatory. Future regulations will be used to regulate rules of operation, including safety standards, penalties and conditions of use. Erin Hart, the President of the B.C. Snowmobile Federation, says the new system will cut down on off-road vehicle theft. Read CBC article. 

Mounties Won't Be Charged
in High-Speed Chase
BC's criminal justice branch has opted not to charge two RCMP officers who were involved in a high-speed chase between Fernie and Sparwood in southeastern BC earlier this year. The SUV the officers were chasing in the early morning hours of January 16 slammed into another vehicle, injuring the passengers inside. When the chase and subsequent arrest were investigated by the Independent Investigations Office, a report was submitted for charge assessment that indicated the officers may have committed an offence. A statement from the Criminal Justice Branch released [November 19] says there's no substantial likelihood of conviction for any driving offences against the officers either under the Criminal Code or under the provincial Motor Vehicle Act. Read the full article published in The Province. 

Slow Down Move Over Regulation
Protects Roadside Workers
The BC government is making a Motor Vehicle Act regulation change to simplify the Slow Down Move Over rule, making it safer for roadside workers.

Currently, the Slow Down Move Over regulation requires drivers to reduce speed and, if on a multi-lane road, move over to another lane when passing stopped vehicles with a flashing light, which are considered "official vehicles". These include: police, fire, ambulance, tow trucks, Commercial Vehicle Safety Enforcement vehicles, park rangers and conservation officers.

Stakeholders, including the BC Road Builders and Heavy Construction Association, raised concerns that the current regulation does not protect all roadside workers. For example, maintenance workers are frequently required to stop on the side of the road for inspections or highway maintenance. These workers are subject to an equal or higher risk than many of the workers covered under the current regulations.

The change is expected to come into force on January 1, 2015. Read the government news release.   

Property and Real Estate News:

Termination of Land Use Contracts
Changes have recently been introduced to the laws surrounding Land Use Contracts ("LUCs") that could materially affect the right of a land owner to use his land that is presently subject to a LUC.

LUCs are contractual agreements between property owners and a local government which were used in BC throughout the 1970s to negotiate the terms and conditions of subdivisions and developments, as well as use of the lands after subdivision and development, within a municipality. LUCs describe the uses permitted on the lands including, amongst other things, the regulations for siting of buildings, the use of parks, landscaping requirements, parking, off-site infrastructure development and development fees.

New LUCs have not been created since the late 1970s. However, LUCs that were negotiated during the 1970s are effective today if they remain registered on title to lands affected. The greatest advantage of a LUC remains that the terms and conditions within the LUC supersede regulations and bylaws, including zoning bylaws, enacted by a local government after the LUC was negotiated. This is often advantageous for developers in areas that currently have more restrictive zoning bylaws. Read the full article by Bradley Cronquist with Pushor Mitchell LLP. 

CRT Launches Website
The Civil Resolution Tribunal recently launched its website in preparation to the official CRT opening in 2015. The CRT's mandate is to offer the public a choice about how, when, and where one can resolve small claims and strata property (condominium) disputes. The site offers information about the implementation of CRT and includes a FAQ's, updates and other related information.

Wills and Estates News:

Adult Guardianship Act Changes – Now In Force!
New rules being brought into force [December 1, 2014] represent a significant step forward in modernizing BC's adult guardianship system. The changes will strengthen the rights of adults who may be unable to make financial decisions independently due to mental incapability and, as a result, may require the assistance of a statutory property guardian. Changes are being made to the Adult Guardianship Act that relate to the certificate of incapability process. Related regulations, which include procedures for conducting assessments of incapability to manage financial affairs, are also coming into force. A certificate of incapability is determined through an out-of-court process by which the Public Guardian and Trustee (PGT) becomes responsible for the management of the financial affairs of incapable adults (also called statutory property guardianship).

Milne Estate v. Milne
Separation Agreements or court orders following marriage breakdown may include a clause requiring one former spouse to maintain a life insurance policy on his or her life, naming the other as the beneficiary. Life insurance is a good way to either secure spousal or child support payments, or to replace the payments, in case the former spouse required to pay support dies. But what happens if, contrary to the agreement or court order, the party required to maintain the life insurance cancels the policy or changes the beneficiary?

The Supreme Court of British Columbia recently considered this issue in Milne Estate v. Milne, 2014 BCSC 2112. Following the breakdown of their relationship, Scott Milne agreed to maintain his $500,000 life insurance with Sherry Milne as the beneficiary for so long as he was required to pay child or spousal support to Ms. Milne. Mr. and Ms. Milne agreed to include this term in a consent court order. In breach of the order, Mr. Milne changed the beneficiary to his new partner, Albertina Vincente. Mr. Milne died on August 4, 2013, while still obligated to pay child support to Ms. Milne for their son.

Ms. Milne claimed that she was entitled to the insurance proceeds because Mr. Milne was in breach of the consent order. If she wasn't entitled to the proceeds, then she claimed that she was entitled to the $500,000 she would have received if Mr. Milne had not changed the beneficiary out of his estate. Read the full article by Stan Rule on his blog Rule of Law. 

Curing Deficiencies in Wills – Contrasting
British Columbia and Alberta
The following article was published by Mark Weintraub with Clark Wilson:

In previous blog posts dated February 28 and May 27, we suggested that when the Wills, Estates and Succession Act ("WESA") came into force, the legal landscape had changed and interesting court cases would follow. One such change to the landscape is section 58 of WESA, which allows the Court to cure deficiencies in Wills. If a document does not comply with the formal requirements for a Will, it may nonetheless be declared to have the legal effect of a valid Will. To date, there have not been any British Columbia cases decided under section 58.

Before WESA came into force, Alberta's updated wills and estates legislation came into force. It contains a similar (but not the same) provision to section 58 of WESA. A recent Alberta decision set out how the Alberta legislation is to be interpreted. The decision serves as a contrast to how we predict the Court will interpret the British Columbia legislation. Read the full article.