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Vol: XV – Issue: IX – September 2016 | |
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QUICKSCRIBE NEWS: Fall 2016 Session of the BC Legislature Cancelled New Video Tutorials Published
These and other videos (including the recent General Overview tutorial video) are accessible via the help menu, located on the top menu bar when you first login. A video that covers the new search functions in Quickscribe is in the works and will be available shortly. Latest Annotations
Watch this 20-minute YouTube video to learn more about annotations and how to receive alerts when new annotations are published to the laws that matter most to you. |
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View PDF of this Reporter. |
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FEDERAL LEGISLATION – For notification of federal amendments, we recommend you use our Section Tracking ![]() |
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[ Previous Reporters ] |
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CATEGORIES |
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COMPANY & FINANCE ENERGY & MINES FAMILY & CHILDREN FOREST & ENVIRONMENT HEALTH LABOUR & EMPLOYMENT |
LOCAL GOVERNMENT MISCELLANEOUS MOTOR VEHICLE & TRAFFIC PROPERTY & REAL ESTATE WILLS & ESTATES |
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COMPANY & FINANCE | ||
Company and Finance News: New Rules Give Franchises the Certainty The new legislation will provide important legal protections for British Columbia-based franchisees who operate a franchise. This includes regulating the sale of franchises, requiring that contracts include pre-sale disclosure requirements, and providing more legal rights and protections to help parties resolve disputes. The legislation will provide certainty for franchised businesses, a move the Province hopes will encourage franchising efforts in BC, generating investment and employment opportunities as well as providing direct and indirect economic benefits to the communities in which they operate. The act will also increase transparency for new franchisees, requiring franchisors to disclose all information that will significantly affect the franchisee's decision to purchase the franchise, including background information on legal, financial and bankruptcy history. Read the full government news release. "Such Consent Not to Be Unreasonably Withheld…" Credit Agreements typically contain a series of covenants that restrict or limit certain activities of borrowers. Recognizing their likely future need for a waiver of a particular limitation or prohibition to permit a specific one-time action, borrowers will often request carve-outs from the covenant pattern by adding a link to the words "unless the Lender otherwise consents". Borrowers will also typically try to tie down the discretion of their lenders when it comes to providing their consent. The addition of the words, "such consent not to be unreasonably withheld", is a frequent borrower request. It is important for lenders to understand the implications of any agreement to allow this reasonableness standard to be imported into a future request for consent to a particular covenant variation. Read the full article by Richard C. Dusome of Gowling WLG. Hedge Fund Investments Survive Section 94.1 Challenge
Read the full article by Marianne Kennedy Beaulne of Stikeman Elliott. BC Securities – Policies & Instruments
For more information visit the BC Securities website. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Bonding Regulations (11/68) | Sept. 20/16 | by Reg 221/2016 |
Business Practices and Consumer Protection Act | Sept. 1/16 | by 2015 Bill 7, c. 5, section 84 only (in force by Reg 140/2016), Private Training Act |
Cooperative Association Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 5 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Credit Union Incorporation Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 6 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Film and Television Tax Credit Regulation (4/99) | Oct. 1/16 | by Reg 183/2016 |
Home Inspector Licensing Regulation (12/2009) | Sept. 1/16 | by Reg 70/2016 |
Insurance Premium Tax Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 8 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
National Instrument 23-101 Trading Rules (252/2001) | Oct. 1/16 | by Reg 163/2016 |
Provincial Sales Tax Exemption and Refund Regulation (97/2013) | Sept. 1/16 | by Reg 148/2016 |
Tobacco and Vapour Products Control Act (formerly titled Tobacco Control Act) | Sept. 1/16 | by 2015 Bill 14, c. 11, sections 1 to 16 only (in force by Reg 149/2016), Tobacco Control Amendment Act, 2015 |
Tobacco and Vapour Products Control Regulation (232/2007) (formerly titled Tobacco Control Regulation) | Sept. 1/16 | by Reg 149/2016 |
Tobacco Tax Act | Sept. 1/16 | by 2015 Bill 14, c. 11, sections 18 to 21 only (in force by Reg 149/2016), Tobacco Control Amendment Act, 2015 |
ENERGY & MINES | ||
Energy and Mines News: Decision to Approve Pacific Northwest The Project proposes to convert natural gas to liquefied natural gas (LNG) for export to Pacific Rim markets in Asia. This decision – after multi-year federal and provincial environmental assessments – could spark significant economic development across the natural gas industry in BC. If the Project receives investment approval, it will enable one of Canada's largest resource development projects, with up to $36 billion of new terminal facilities, pipeline infrastructure and upstream development. Read the full article by Jeremy Barretto, Thomas McNerney, Terri-Lee Oleniuk and Shawn Denstedt, Q.C. of Osler, Hoskin & Harcourt LLP. Ecofiscal Commission Report Says It's A study released Tuesday [October 4th] by Canada's Ecofiscal Commission finds that ethanol and biodiesel policies cost consumers and governments about $640 million a year – while cutting Canada's greenhouse gas emissions by about three million tonnes annually. Put another way, the report says that every tonne of carbon dioxide reduced by using ethanol costs at least $180 while biodiesel reductions cost at least $128. And even those high price tags, states the report, may severely under-represent the true cost per tonne of CO2 reductions when the full life-cycle emissions of biofuels are taken into account. The biofuels industry lobby group, Renewable Industries Canada, was consulted by the commission during the report's preparation but called the study's conclusions "flawed and skewed." The report comes a day after the federal Liberal government announced it would impose on provinces and territories a mandatory carbon price of $10 a tonne starting in 2018, increasing to $50 a tonne in 2022, if those jurisdictions refuse to adopt their own carbon price or cap-and-trade plan. Read the full Vancouver Sun article. AME Issues Important Environmental Regulatory
Read the full AME article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Mineral Tenure Act Regulation (529/2004) | Sept. 1/16 | by Reg 50/2016 |
Petroleum and Natural Gas Act | Sept. 1/16 | by 2015 Bill 15, c. 4, sections 31 to 33 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Renewable and Low Carbon Fuel Requirements Regulation | Sept. 1/16 | by Regs 50/2016 and 190/2016 |
FAMILY & CHILDREN | ||
Family and Children News: BC Govt Seeking Input on Family Law Act
Read the full article posted by Jennifer Woodruff on JP Boyd on Family Law: the Blog, by Collaborative Divorce Vancouver. New Developments in the Law of Property Division in BC In this particular case, a husband and wife separated after 10 years together. The parties received 2 million from the sale of a property that was sold after they separated. This property was acquired entirely by funds given as a gift to the husband. However, the husband had transferred the property into the wife's sole name before it was sold in order to protect it from creditors. The Court found that the proceeds of sale were no longer "excluded property" because in putting the property in the wife's name, there was a presumed gift from the husband to the wife. Why is this case important? The Family Law Act came into force as new legislation in the Spring of 2013. This new legislation changed many things in the Law around property division. One of the changes was that the new legislation specifically defines "excluded property." Excluded property is property that is excluded from division upon the breakdown of a spousal relationship. Read the full article by Leneigh Bosdet of Pushor Mitchell LLP. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Adoption Regulation (291/96) | Sept. 1/16 | by Reg 50/2016 |
Child Care Licensing Regulation (332/2007) | Sept. 1/16 | by Reg 178/2016 |
Continuing Care Act | Sept. 1/16 | by 2016 Bill 5, c. 4, sections 14 and 15 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Coroners Regulation (298/2007) | Sept. 20/16 | by Reg 228/2016 |
Correction Act Regulation (243/2015) | Sept. 1/16 | by Reg 243/2015 |
Family Maintenance Enforcement Act Regulation (346/88) | Oct. 1/16 | by Reg 227/2016 |
Residential Care Regulation (96/2009) | Sept. 1/16 | by Reg 178/2016 |
Trustee Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 29 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
FOREST & ENVIRONMENT | ||
Forest and Environment News: Where Does the Softwood Lumber Report Urges Better BC Planning on Water A University of Victoria POLIS Project on Ecological Governance report released [September 21st] said the province should act now to build resistance to drought and floods, protect water for drinking and recreation, ensure future sustainability, more accurately map B.C.'s watersheds and better include water issues in planning natural resource and economic development projects. "The report is trying to say British Columbia, British Columbians and in fact many Canadians for a long time haven't really thought about water issues a whole lot," said Oliver Brandes, project co-coordinator. "Sure they crop up, the drought of 2015 we think about for a bit, we respond and sometimes it's enough. Sometimes it goes away. And then we forget." Read The Vancouver Sun article. Logging Violations Cut through Scenic Mountainside in Port Alberni – Twice An investigation launched by BC's Forest Practices Board found a scenic mountainside on the Port Alberni Inlet was over-logged – twice – according to provincial "visual quality" standards, and the ministry of forests was warned of the violations, but failed to act. "The government's enforcement of visual management in that instance was not adequate or appropriate," said Tim Ryan, director of the FPB. The area was cut by foresters from the Tseshaht First Nation. According to the report, in 2011, logging left large scars across the landscape visible from the Port Alberni Harbour – a practice that is not allowed in the area, according to legislation. Read the CBC article. Environmental Appeal Board Decisions
Visit the Environmental Appeal Board website for more information. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Kitsumkalum-Kitselas Designated Area No. 1 (229/2016) | NEW Sept. 20/16 |
see Reg 229/2016 |
Permit Regulation (253/2000) | Sept. 1/16 | by Reg 50/2016 |
Sept. 20/16 | by Reg 222/2016 | |
Pound Districts Regulation (66/81) | Sept. 1/16 | by Reg 50/2016 |
Weed Control Act | Sept. 1/16 | by 2016 Bill 5, c. 4, sections 12 and 13 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Water Sustainability Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 11 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
HEALTH | ||
Health News: Worker Entitled to Asbestos Records for Government Building The worker asked for and was given records in relation to air quality and discovery of asbestos in two government buildings. He was denied access to an email containing a list of government employees who worked in the building. Read the full article by Adrian Miedema of Dentons. BC Patients Launch Court Challenge over Under British Columbia's Mental Health Act, a person who is involuntarily detained is deemed to consent to all psychiatric treatment authorized by a director appointed by the health authority. They are presumed to be incapable of giving, refusing or revoking consent to psychiatric treatment, and cannot appoint a substitute decision maker. There is no statutory requirement to assess whether the person is capable of making decisions. This is in contrast to the BC legislation that guides general health care, which states that providers cannot give treatment without consent except in urgent or emergency situations. Further, patients can make directives in advance, or have substitute decision makers. Read The Globe And Mail article. BC Court Hears Differing Diagnoses on Proper Jonathan Penner, a lawyer for the British Columbia government, told B.C. Supreme Court on Monday [September 12th] that a lawsuit proposing to change the rules around how medicare operates risks undermining the principle of equal medical access for all. "British Columbians, like other Canadians, are rightfully proud of their public health-care system, and in particular the commitment by Parliament and all the provincial legislatures to the principle that medically necessary services should be based on need rather than ability to pay," Penner said in an opening statement. "The health-care system is highly complex and the repercussions to various components of that system of striking down those prohibitions are uncertain and problematic." Read The Vancouver Sun article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Drug Plans Regulation (73/2015) | Sept. 1/16 | by Reg 221/2015 |
Drug Schedules Regulation (9/98) | Sept. 20/16 | by Reg 230/2016 |
E-Health Regulation (129/2011) | Sept. 20/16 | by Reg 225/2016 |
Hospital Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 16 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Hospital Act Regulation (121/97) | Sept. 20/16 | by Reg 224/2016 and Reg 225/2016 |
Hospital Insurance Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 17 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Laboratory Services Regulation (52/2015) | Sept. 20/16 | by Reg 225/2016 |
Medical and Health Care Regulation (426/97) | Sept. 20/16 | by Reg 225/2016 |
Provider Regulation (222/2014) | Sept. 1/16 | by Reg 50/2016 |
Regional Health Board Records Regulation (224/2016) | NEW Sept. 20/16 |
see Reg 224/2016 |
Tobacco and Vapour Products Control Act (formerly titled Tobacco Control Act) | Sept. 1/16 | by 2015 Bill 14, c. 11, sections 1 to 16 only (in force by Reg 149/2016), Tobacco Control Amendment Act, 2015 |
Tobacco and Vapour Products Control Regulation (232/2007) (formerly titled Tobacco Control Regulation) | Sept. 1/16 | by Reg 149/2016 |
LABOUR & EMPLOYMENT | ||
Labour and Employment News: Substance over Form? Defining the Tim Fernback applied for the position of CFO which had been advertised as an employment opportunity by The Cambie Malone's Corporation ("CMC"). Ultimately selected for the role, Mr. Fernback proposed a working arrangement whereby he would provide financial and commercial services through his incorporated entity, TCF Ventures Corp. ("TVC"). Mr. Fernback suggested that TVC would render invoices for fees working within a "budget" of $75,000.00 per year, would charge GST, and that the agreement would have a 30-day termination clause. The services would be provided over three days a week, and TVC would not be required to render services exclusively to CMC. A formal agreement was never executed, although the parties did generally proceed as Mr. Fernback had suggested. In the course of the work, Mr. Fernback was granted authority over a number of employees, and exercised a substantial amount of autonomy. He was also provided with an office, had a phone local, email accounts, business cards, and a designated parking space. His computer and phone were supplied by CMC, and he participated in CMC's benefits plan and had access to an expense account. Nevertheless, the evidence demonstrated that Mr. Fernback regularly pursued outside business interests and opportunities during the term. Read the full article by Dana F. Hooker of DLA Piper. After Delay, BC Agrees to Back Ottawa's In a statement Tuesday [October 3rd], the B.C. government said it decided to back the proposal after considering feedback from stakeholders. That was quickly followed by a declaration of victory from Prime Minister Justin Trudeau, who said now that all nine of the provinces taking part have agreed to the enhancement, legislation would be introduced in the House of Commons "shortly." Initially, every province except Québec backed a tentative deal to expand CPP and they agreed to finalize it by July 15. But BC was the lone signatory that declined to ratify the agreement-in-principle by the deadline, saying it needed more time to consult businesses and individuals. Read The Vancouver Sun article. Human Rights Tribunal Jurisdiction Requires A leave to Appeal application to the Supreme Court of Canada has been filed.
Read the full article by Lorene A. Novakowski of Fasken Martineau LLP. The Blurring Line: Off-Duty Conduct, Employer's Sanctions, and the |
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Act or Regulation Affected | Effective Date | Amendment Information |
Employment and Assistance Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 37 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Employment and Assistance Regulation (263/2002) | Sept. 1/16 | by Reg 175/2016 |
Oct. 1/16 | by Reg 233/2016 | |
Employment and Assistance for Persons with Disabilities Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 38 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
by 2014 Bill 17, c. 14, section 136 only (in force by Reg 165/2016), Miscellaneous Statutes Amendment Act, 2014 | ||
by 2015 Bill 3, c. 8, sections 1 and 2 only (in force by Reg 165/2016), Employment and Assistance for Persons with Disabilities Act | ||
Employment and Assistance for Persons with Disabilities Regulation (265/2002) | Sept. 1/16 | by Regs 165/2016 and 175/2016 |
Oct. 1/16 | by Reg 233/2016 | |
Employment Standards Regulation (396/95) | Sept. 15/16 | by Reg 136/2016 |
Oct. 1/16 | by Reg 189/2016 | |
Labour Relations Code | Sept. 1/16 | by 2016 Bill 5, c. 4, sections 19 to 21 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
LOCAL GOVERNMENT | ||
Local Government News: BC Municipalities Seek to Keep Municipalities agreed Thursday [September 29th] to support a proposal by Pitt Meadows to press the BC government for a provincewide dangerous-dog registry, which would allow officials to identify and track aggressive canines that have been involved in killing or seriously injuring a person or pet, no matter where they live or visit across the province. The move follows several serious and fatal attacks in Pitt Meadows, including the death of Tucker, a Yorkie, who was killed by another dog in 2014, and Buttons, a Shih Tzu working as a therapy dog, said Coun. Janis Elkerton. Her city, as well as others in Metro Vancouver, have also experienced a rash of attacks this year. Read The Vancouver Sun article. New Building Act Regulations Shed Further One of the elements addressed by the Building Act Regulation is the definition of "unrestricted matters" for purposes of section 5 of the Building Act. This definition is of critical importance to local governments, because under the new legislative scheme, the presumption is that local governments have no authority to regulate building standards where they are the subject of the BC Building Code, or any other provincial enactment. Section 5 of the Building Act provides that where a "local building requirement" relates to a matter dealt with under provincial regulations, it is of "no effect". Note that there is no need for an actual conflict between the local and provincial regulation. It is enough that the local requirement "relates to" a matter regulated by the province. Read the full article by Michael Hargraves of Stewart McDannold Stuart. Newsletter Volume 27, Number 3 –
Download PDF: Newsletter Volume 27, Number 3 – UBCM Conference Issue. Vancouver Proposes Licensed Short-term Mayor Gregor Robertson said city staff are proposing a new business licence that would permit the operation of short-term rentals in principal residences, whether they are owned or rented. If council adopts the proposed regulations, Vancouver residents will be able to list all or part of their principal residences – residential properties occupied by the owner or their family at some time during the year – on short-term rental websites like Airbnb for stays of less than 30 days. To obtain the new licence, owner-operators would need to prove they control the proposed home through a copy of title or tax assessment while those who rent would need to present a signed tenancy agreement showing short-term sublets are allowed. Read The Province article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Gaming Control Act | Sept. 1/16 | by 2016 Bill 5, c. 4, sections 22 to 27 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Independent School Regulation (262/89) | Sept. 20/16 | by Reg 221/2016 |
Liquor Distribution Act | Sept. 1/16 | by 2016 Bill 5, c. 4, sections 35 and 36 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Local Government Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 1 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
MISCELLANEOUS | ||
Miscellaneous News: Proposed Changes to [Federal] Privacy Act – SCC Upholds CITT Ruling in Customs Case "This was the first time the SCC had considered a customs classification case in almost 40 years," says Jan Brongers, lead counsel for the appellant, "and the first time it had had a chance to look at customs classification law" since Canada signed on to the International Convention on the Harmonized Commodity Description and Coding System in 1988. The respondent in the case, Igloo Vikski Inc., imported hockey gloves. Igloo Vikski Inc. later requested refunds of duties paid, claiming the goods should be reclassified. The Canada Border Services Agency classified five models of sports gloves, designed for ice hockey goaltenders, as "gloves, mittens and mitts" under tariff item No. 62.16 of the Convention, rejecting the respondent's position that they be classified under tariff item No. 39.26 of the Customs Tariff as "articles of plastic." The CITT dismissed the appeal by Igloo Vikski, but the Federal Court of Appeal allowed it and referred the matter back for adjudication. Read the full article by Elizabeth Raymer and published in the Canadian Lawyer Magazine, Legal Feeds blog. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Criminal Code Victim Surcharge Regulation (394/99) | Sept. 20/16 | by Reg 226/2016 |
Election Act | Sept. 1/16 | by 2016 Bill 5, c. 4, sections 22 to 27 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Fees and Student Tuition Protection Fund Regulation (140/2016) | NEW Sept. 1/16 |
see Reg 140/2016 |
Freedom of Information and Protection of Privacy Act | Sept. 1/16 | by 2015 Bill 7, c. 5, section 85 only (in force by Reg 140/2016), Private Training Act |
Private Career Training Institutions Act | REPEALED Sept. 1/16 |
by 2015 Bill 7, c. 5, section 82 only (in force by Reg 140/2016), Private Training Act |
Private Career Training Institutions Regulation (466/2004) | REPEALED Sept. 1/16 |
by 2015 Bill 7, c. 5, section 82 only (in force by Reg 140/2016), Private Training Act |
Private Training Act | NEW Sept. 1/16 |
c. 5 [SBC 2015], Bill 7, whole Act in force by Reg 140/2016 |
Private Training Regulation (153/2016) | NEW Sept. 1/16 |
see Reg 153/2016 (as amended by Reg 216/2016) |
Private Training Transitional Regulation (141/2016) | NEW Sept. 1/16 |
see Reg 141/2016 |
Recall and Initiative Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 28 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
MOTOR VEHICLE & TRAFFIC | ||
Motor Vehicle and Traffic News: "One of Those Rare Instances in Which the Left-Turning Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, finding a left turning vehicle faultless for such a crash due to excessive Defendant speed. In today's case (Theiss v. Shorter) the Plaintiff was attempting a left hand turn on an amber light when she miscalculated the on-coming Defendant's speed and a collision occurred. The Defendant was travelling at approximately double the posted speed limit and due to this the Court concluded fault should rest entirely with him. In reaching this conclusion Madam Justice Baker provided the following reasons:
Read the full article by Erik Magraken of MacIsaac & Company and published on his blog BC Injury Law. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Off-Road Vehicle Regulation (193/2015) | Sept. 1/15 | by Reg 50/2016 |
Motor Vehicle Act | Sept. 1/16 | by 2015 Bill 14, c. 11, section 17 only (in force by Reg 149/2016), Tobacco Control Amendment Act, 2015 |
Motor Vehicle Act Regulations (26/58) | Sept. 6/16 | by Reg 212/2016 |
Sept. 29/16 | by Reg 234/2016 | |
Violation Ticket Administration and Fines Regulation (89/97) | Sept. 1/16 | by Reg 149/2016 |
PROPERTY & REAL ESTATE | ||
Property and Real Estate News: Tenants Facing "Renoviction" Went Up Against a "The renovated units at the Ambleside property are re-rented once complete and are achieving on average 24 per cent higher re-rental rates," reads the public company's annual report to shareholders for 2016. "At the Seafair property, one of the two buildings has completed upgrades to all 39 units and a major overhaul of the plumbing system; all of these units have now been re-rented at an average increase of $500 per month." But for the tenants of the Alderwood Apartments in Vancouver's Mount Pleasant neighbourhood, the experience of being evicted from their homes of many years was stressful and frustrating. Although many of them attempted to fight to stay in their home and some initially won the right to do so, they say they were ultimately unsuccessful. They feel they were pushed out to make way for tenants who could afford to pay much higher rents. Read the Metronews article. Real Estate Developers Not Responsible for
Read the full article by Roy Millen & Rosalie Clark of Blake Cassels & Graydon LLP. Vancouver Proposes Licensed Short-term Mayor Gregor Robertson said city staff are proposing a new business licence that would permit the operation of short-term rentals in principal residences, whether they are owned or rented. If council adopts the proposed regulations, Vancouver residents will be able to list all or part of their principal residences – residential properties occupied by the owner or their family at some time during the year – on short-term rental websites like Airbnb for stays of less than 30 days. To obtain the new licence, owner-operators would need to prove they control the proposed home through a copy of title or tax assessment while those who rent would need to present a signed tenancy agreement showing short-term sublets are allowed. Read The Province article. Landlords "Gaming the System" with Fixed-term "I don't like this flipping over of leases just for the purpose of raising the rent on people, said Housing Minister Rich Coleman this week. "There appears to be a gaming of the system, and we want to stop this," he said. Fixed-term tenancies allow both tenants and landlords to set a specific length of time for a lease, after which the lease ends, and the tenant must either move out or negotiate a new lease. But rental advocates and the NDP have argued some landlords are using them as a loophole to skirt the law restricting rent increases to limits fixed annually by the province. Read the CBC News article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Form of Evidence Regulation (316/2007) | Sept. 1/16 | by Reg 69/2016 |
Interest Rate Regulation (235/2016) |
NEW
Sept. 30/16
|
see Reg 235/2016 |
Land Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 9 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Land Title Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 10 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Long Lake Exemption (232/2016) | NEW Sept. 21/16 |
see Reg 232/2016 |
Manufactured Home Park Tenancy Regulation (481/2003) | Sept. 1/16 | by Reg 50/2016 |
Real Estate Services Act | Sept. 30/16 | by 2016 Bill 28, c. 27, sections 18 to 42 (in force by Reg 217/2016), Miscellaneous Statutes (Housing Priority Initiatives) Amendment Act, 2016 |
Real Estate Services Regulation (506/2014) | Sept. 30/16 | by Reg 217/2016 |
WILLS & ESTATES | ||
Wills and Estates News: Erlichman v. Erlichman Estate, 2002 BCCA 160 The testator and his wife married in 1945 after both had lost spouse and each had been left with one son. The couple were married for some 54 years and their finances were so entwined that the claimant did not have a bank account until less than a year before her death. During his life, the testator and his son built up a construction company and in 1988 he executed a will under which equal shares of his estate were to pass to his wife and his son. Just before his death, the testator executed a new will with the detail that his son would inherit one half absolutely, and his wife would receive the income of the other half for her life, which was then to be divided among her son's children upon her death. Read the full article by the Wills Variation Group of MacIsaac & Company. Ministry of Justice Seeking Comments on the Presumption of The issues relate to the question of whether the presumption that when a married spouse transfers property to the other spouse the spouse making the transfer intends to make a gift should apply to make property that would otherwise have been excluded from the property that is divided on a marriage breakdown included property. I wrote about the decision in V.J.F. v S.K.W., 2016 BCCA 186 in my post "What Happens to Funds Inherited by a Spouse on the Breakdown of the Marriage." In the V.J.F. case, the husband had inherited $2 million which he used to purchase real estate in his wife's name. The trial judge had found that the husband had failed to rebut the presumption of advancement and that the real property was a gift to the wife. The court divided the land equally between the spouses. Had the husband bought the land using the inherited funds in his own name, the land would have been excluded from the division of property because it was an inheritance. Read the full article by Stan Rule of Sabey Rule LLP and published on his blog Rule of Law. Wealth Matters: Becker v. Becker: The test for testamentary capacity, set out in the leading English case Banks v. Goodfellow (1870), provides that the testator must (i) understand the nature and effect of the Will; (ii) understand the extent of his property; (iii) understand and appreciate the claims of those around him to which he ought to give effect; and (iv) be of sound mind. Suspicious circumstances can rebut the presumption of capacity, as set out in the Supreme Court of Canada case Vout v. Hay. Testamentary capacity must then be proved on a balance of probabilities.
Read the full article by Rahul Sharma and Victoria L. Hockley of Miller Thomson LLP. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Wills, Estates and Succession Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 30 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
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