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Vol: XVI – Issue: VIII – August 2017 | |
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QUICKSCRIBE NEWS: House Resumes Latest Annotations
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FEDERAL LEGISLATION – For notification of federal amendments, we recommend you use our Section Tracking ![]() |
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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: Requisitioned Meeting Breaks Deadlock The decision provides three helpful reminders for boards, shareholders and their advisors:
The six directors of Photon Control Inc., a TSX Venture Exchange listed technology company (Photon), were deadlocked on a number of matters. A group of shareholders who represented more than five percent of Photon's shares (the requisitionists) exercised their right to requisition (i.e. demand) a shareholders' meeting under the British Columbia Business Corporations Act (the BCBCA). Read the full article by Gary Sollis, Ray Power and Daniel McElroy with Dentons, published on the CBA British Columbia site. Chapter 19 May Be a NAFTA Deal Breaker for Canada, but Softwood lumber is the longest and bitterest of Canada-U.S. trade disputes. Small wonder then that Prime Minister Justin Trudeau has cautioned that removing Chapter 19 from the trade pact would be a deal breaker in the upcoming renewal talks between Canada, the United States and Mexico. Chapter 19 is a mechanism NAFTA members can use to review the fairness of anti-dumping and countervailing duties. The U.S. has a long history of slapping such duties on Canadian softwood lumber shipments, and Canada has taken advantage of Chapter 19 to reverse those actions. A Chapter 19 panel decides each case according to the domestic laws of the country that imposed the duties. So a Chapter 19 panel does not override a country's domestic laws, but serves as a check on how each country is applying its own rules. Read the Financial Post article by Drew Hasselback. Canadian Securities Regulators Take Position on Cryptocurrencies The Notice follows two other pronouncements from securities regulatory bodies earlier this year: a press release dated March 8, 2017 from the Ontario Securities Commission which advised businesses that the use of distributed ledger technologies, such as blockchain, as part of their financial products or service offerings, may make them subject to Ontario securities laws; and an investigative report in the United States by the Securities and Exchange Commission issued on July 25, 2017 which concluded that in one case, tokens offered in an ITO were securities and subject to the applicable federal securities laws of the United States. Read the full article by Max Portner of Clark Wilson LLP. BC Securities – Policies & Instruments
For more information visit the BC Securities website. |
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Act or Regulation Affected | Effective Date | Amendment Information |
National Instrument 41-101 General Prospectus Requirements (59/2008) | Sept. 1/17 | by Reg 85/2017 |
National Instrument 81-101 Mutual Fund Prospectus Disclosure (1/2000) | Sept. 1/17 | by Reg 85/2017 |
National Instrument 81-102 Investment Funds (2/2000) | Sept. 1/17 | by Reg 85/2017 |
ENERGY & MINES | ||
Energy and Mines News: Federal or Provincial Regulation? One of the Many
Read the full article by Miles Pittman and Michael Gaber with Borden Ladner Gervais LLP. Kinder Morgan Reaches Milestone on Westridge In a letter posted on its website Wednesday [August 30], the National Energy Board said 49 conditions needed to begin construction on the Westridge Marine Terminal expansion in Burnaby have been satisfied. However, the company will also need other permits to start construction, even where it has met NEB conditions, including from the Vancouver Fraser Port Authority for the Westridge expansion. A project application submitted by Kinder Morgan to the port authority in June of this year is under review. When a decision will be made and a permit issued is unclear. And there are other hurdles that could create delays for the project, meant to provide a major Canadian access point to new markets for Alberta oil in energy-hungry Asia. In BC, the new NDP government has said it will not issue permits until the company's plans meet a test of First Nations consultation. Read The Vancouver Sun article. Foundational Policies Can Lead to Bright Future for A brief submitted by the Canadian Mineral Industry Federation (CMIF) details six policy areas where provincial collaboration and action by governments can enhance Canada's ability to attract new mineral investment and expand the mineral and mining industry's vast socio-economic contributions to Canadians:
Read the full press release on the Mining Association of Canada website. Making a Constitutional Case Out of Constructing Pipelines The opposite is true of constitutional cases based on arguments that pipeline proponents have applied to or received approvals from the wrong regulator. If a major pipeline is found by a court to have been approved by the wrong regulator before it is constructed, the years of work associated with obtaining approval can potentially be negated and the pipeline proponent may need to start over with the regulator determined to have jurisdiction. Read the full article by Bernie (Bernard) J. Roth and Laura K. Estep of Dentons. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Petroleum and Natural Gas Act | Aug. 1/17 | by 2014 Bill 12, c. 10, section 30 (a) only (in force by Reg 198/2016), Natural Gas Development Statutes Amendment Act, 2014 |
Petroleum and Natural Gas General Regulation (357/98) | Aug. 1/17 | by Reg 198/2016 |
FAMILY & CHILDREN | ||
Family and Children News: Appeal Court Dismisses BC Mom's Lawsuit Alleging The panel of judges ruled the father was initially given an unfair family court trial and has ordered a new trial. The civil claim, filed by the child's mother in 2012, argued the ministry had been negligent and acted in bad faith when it allowed unsupervised visits with the father. Thursday's [August 31] appeal court decision stems from two parallel cases involving the woman, who can only be named as JP: one was a family court case, while the other was heard in B.C. Supreme Court. In 2012, the mother was awarded sole custody of her four children after a family court judge ruled they were physically and sexually abused by their father. The father, who also cannot be identified, has never been criminally charged. In 2015, Supreme Court Justice Paul Walker issued a scathing 341-page ruling that found the ministry breached its fiduciary duty to the family. Read the CBC article. The Joint Expert Regime in Family Law & Related Issues Q&A: Conroy in Hot Seat Taking on After two terms in opposition, the Koontenay West NDP MLA is now in charge of the much-maligned Ministry of Children and Family Development (MCFD). Critics argue the ministry, under the former Liberal government, was starved for cash, leading to an over-presentation of Indigenous children in the system, a shortage of social workers and a dearth of services for marginalized youth. In recent years the ministry was rocked by the high-profile deaths of several youth, right before or after they aged out of care at 19. The ministry also had a fractious relationship with the representative for children and youth, an independent advocate who makes recommendations for improvements to the child-welfare system. Read the Vancouver Sun article. Rules in the Works for Surrogacy and Donor Expenses This is big news. Since the Assisted Human Reproduction Act came on the scene over 10 years ago Canadians using surrogacy to build their families have struggled to figure out what were legally acceptable expenses. At first blush, it sounds simple – identifying expenses seems a relatively straight-forward and practical issue compared to the many life-altering questions intended parents and surrogates have to think through. But due to a major gap in our federal law, no one has been entirely sure what properly qualifies as an acceptable expense. And getting it wrong is potentially a criminal offense. Under the Act, it is illegal to pay for surrogacy services or for someone to arrange surrogacy services. If convicted, an offender can face up to 10 years in prison. Reimbursing a surrogate for appropriate expenses, however, appears to be legally acceptable. Read the full article by Linda Cassels on the Fertility Law BC website. |
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Act or Regulation Affected | Effective Date | Amendment Information |
There were no amendments this month. |
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FOREST & ENVIRONMENT | ||
Forest and Environment News: Navigating the Political and Regulatory Constraints The U.S. Argument in Lumber Talks Is, Yet Again, This now marks the third time in a row since 1996 that the United States has attempted to use erroneously calculated duties to pressure Canada into accepting a punitive long-term trade agreement. However, caving in early to another blackmail lumber agreement in 2017 would be like snatching defeat from the jaws of victory. Here is why. On April 25, Commerce opened its fifth countervailing duty case against Canadian softwood lumber imports in 35 years. The department assessed three representative BC Interior companies with an average 9.4-per-cent penalty for allegedly "subsidized stumpage." When alleged BC log export restrictions and government grants were factored in, the total subsidy penalty for the rest of the Canadian industry rose to an average of 20 per cent. Stumpage is the value of a tree while it is still standing on the stump, excluding harvesting and hauling costs to the sawmill. For more than three decades, the U.S. Coalition for Fair Lumber Imports has alleged that the Canadian lumber industry enjoys an unfair cost advantage, mainly because provincial governments are said to provide subsidized timber from public lands. Read The Globe and Mail article by Doug Smyth. NDP Orders Review of Government Environment Minister George Heyman said in an interview that the province previously relied on its own professionals to protect the public interest. But the Liberal government shifted much of that responsibility to professionals hired by project proponents – a change that critics say creates conflicts of interest and undermines public trust. Heyman said that reviewing the system is a top priority for the NDP government, but he gave no indication of how long it will take or when it will be completed. Read The Vancouver Sun article. BC MP Says Feds Need to Move During the 2015 federal election, the Liberal Party campaigned on a promise to "review these changes, restore lost protections and incorporate more modern safeguards." "Those promises have not been kept. We're two years into a federal Liberal mandate and still, we're under the Harper Fisheries Act," Port Moody-Coquitlam MP Fin Donnelly told On The Coast guest host Michelle Eliot. "All processes need time but certainly when there's a promise made by a party that knew full well what changes needed to be made … it should not take you two years." Read the CBC article. BC Ministry of the Environment: Errata Version 3 There was one Environmental Appeal Board decisions released in the month of August:
Visit the Environmental Appeal Board website for more information. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Grain Industry Development Fund Regulation (236/90) | Aug. 1/17 | by Regs 154/2017 and 155/2017 |
Hunting Licensing Regulation (8/99) | Sept. 1/17 | by Reg 127/2017 |
Wildlife Act Commercial Activities Regulation (338/82) | Sept. 1/17 | by Reg 127/2017 |
Wildlife Act General Regulation (340/82) | Sept. 1/17 | by Reg 127/2017 |
HEALTH | ||
Health News: Concerns about Integrity of Public Health-care Federal Health Minister Jane Philpott said her department reached an agreement with BC to audit the three clinics in hopes of rooting out the practice of extra-billing for medically necessary care, a violation of the Canada Health Act. "The audit will determine the extent to which extra-billing and user fees have been a barrier to accessible care for people in British Columbia," Philpott said in a statement Thursday [August 10]. Philpott's newly appointed BC counterpart, former NDP leader Adrian Dix, said he strongly supports the audit agreement, which was negotiated under the province's previous Liberal government. "We have to act to ensure that access to medical care in BC is based on need and not on an individual's ability to pay," Dix said in an interview with The Canadian Press. "That is the reason the law exists and that is something that has been fundamental to Canada's health-care system for a long time and is something we strongly support." Read the CBC News article. Purdue Pharma Agrees to OxyContin Settlement, But Is It Fair? OxyContin, along with other high-powered painkillers, is seen as a contributing factor in the rise of opioid addiction in Canada, and the subsequent surge of overdose deaths. The Public Health Agency of Canada released data in June suggesting nearly 2,500 Canadians died from opioid-related overdoses in 2016. Addiction and addition-related deaths take an enormous emotional, physical, and financial toll on victims and their family members. The class-action lawsuit was launched in Atlantic Canada in 2007 and eventually grew to include plaintiffs in every province, aims to secure compensation for these damages. Read the blog post by Will Davidson LLP. |
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Act or Regulation Affected | Effective Date | Amendment Information |
There were no amendments this month. | ||
LABOUR & EMPLOYMENT | ||
Labour and Employment News: Missing Pension Plan Beneficiaries and the Federal Consultation Pension plan administrators have a fiduciary duty to ensure that each member and beneficiary is paid the benefits to which they are entitled. In addition, the Income Tax Act (Canada) requirement that retirement income from a registered pension plan commence no later than the end of the calendar year in which the recipient reaches age 71 must be honoured. Further, increasing numbers of missing beneficiaries impose a significant administrative burden on plan administrators (particularly in light of new legislative requirements to provide biennial statements to retired and former members), imposes delays on plan wind-ups and exacerbates the risk of pensions being improperly paid (i.e., unwittingly after death of the beneficiary). Read the full article published by Blake, Cassels & Graydon LLP. Question and Answer with BC Minister of Labour Harry Bains
Read The Vancouver Sun article. BC to Fight Inequality and Discrimination with "Every person deserves to be treated with dignity and respect. By re-establishing a human rights commission, we will create a more-inclusive and just society, where we work together to eliminate inequality and prevent discrimination on the basis of race, religion, sexual orientation, gender identity and gender expression," said Premier Horgan. British Columbia is the only province in Canada without a human rights commission. The previous commission was dismantled in 2002 in favour of a complaint-driven tribunal. Read government news release. BC Laws Lag Behind Fast-rising Gig Economy Part of the challenge is defining that new economy's scope, its reach and its implications for economies around the world. Research by software company Intuit Inc. estimates that by 2020 7.6 million Americans will work in the U.S. gig economy. In three years, around 2.3% of the U.S. population will be seeking out temporary, flexible gigs as on-demand workers, independent contractors and consultants. As Canadians follow suit, the Uberization of even a fraction of the BC workforce raises complicated legal questions. "The bottom line is that the way the employment standards protections are structured currently, they did not have this economic concept in mind," said Geoff Mason, a lawyer at Kent Employment Law. When the BC Employment Standards Act was enacted in 1980, companies like Lyft and TaskRabbit weren't even dreamed of. Read the full article published in Business in Vancouver. BC Workers Vulnerable to Wage Theft, The BC Employment Standards Coalition released a report today documenting 145 stories of alleged abuse or exploitation in the workplace, with a series of recommendations to improve workers rights and modernize employment standards in the province. "There's a tremendous barrier to proper enforcement of the act and people getting their rights," said David Fairey, co-chair of the coalition. The Employment Standards Act sets minimum standards for most workplaces, but a number of sectors have been granted exclusion from overtime regulations, including high tech, the service industry and construction. Fairey said that practice essentially amounts to wage theft, and should end. "We don't see the need to give exclusions to certain sectors. Everyone should be treated the same in our view," Fairey told Stephen Quinn, guest host of The Early Edition. Read the full CBC News article. Increases to BC Minimum Wage |
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Act or Regulation Affected | Effective Date | Amendment Information |
Employment and Assistance Regulation (263/2002) |
Sept. 1/17 |
by Reg 161/2017 |
Employment and Assistance for Persons with Disabilities Regulation (265/2002) | Sept. 1/17 | by Reg 161/2017 |
Occupational Health and Safety Regulation (296/97) | Aug. 1/17 | by Reg 142/2017 |
Salary Range Regulation (152/2017) | Aug. 11/17 | by Reg 157/2017 |
LOCAL GOVERNMENT | ||
Local Government News: Province Seeks Input on Proposed Liquor Policy Under the previous regulatory framework, if the holder of a SEP charged over the liquor cost recovery price list, all profits made from the event were required to be transferred to a charitable purpose. As of April 6, 2017 the amended Liquor Control and Licensing Regulation authorizes the General Manager to exempt permit holders from this requirement if they charge over the liquor cost recovery price list. Due to the election period, an exemption policy and criteria have yet to be determined. The General Manager currently considers each exemption request as a unique submission, basing decisions on policy guidelines used in Ontario. Read the UBCM article. Cannabis Legalization Update The legalization and regulation of cannabis has emerged as a major policy issue for UBCM and its membership, as local governments stand to face widespread impacts. The legislation tabled by Canada has provided greater clarity regarding federal and provincial frameworks that will be developed, and potential areas of responsibility for all orders of government. With the expectation that a 'made in BC' framework will be developed by July 2018, UBCM continues to take action on this file. Read more on the UBCM website. |
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Act or Regulation Affected | Effective Date | Amendment Information |
There were no amendments this month. |
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MISCELLANEOUS | ||
Miscellaneous News: Can What's Reasonable Today be Unreasonable Tomorrow? The facts are straightforward. British Columbia reduced Teal's cutting rights pursuant to the Forestry Revitalization Act (FRA). As a result, Teal was entitled to compensation. Teal and BC invoked the FRA arbitration process to resolve one outstanding issue, the amount of compensation payable to Teal for improvements (i.e., roads and bridges) it had built on Crown land. The arbitration was heard by a single arbitrator who was presented with different theories on how to determine the value of the improvements. BC argued that the arbitrator should use an income-based approach, which calculates the value based on discounted future cash flow. Teal presented evidence that supported a valuation based on depreciated replacement cost (i.e., the cost of rebuilding what currently exists, less allowances for wear and tear and obsolescence). The arbitrator agreed with Teal, resulting in an award that was significantly more than BC's valuation; $9,150,000 vs. $4,000,000. Read the full article by John Stefaniuk and Melanie Labossiere with Thompson Dorfman Sweatman LLP. BC Using $500,000 from Civil Forfeiture Grants to The money will help eliminate the 35-person wait list for Surrey's Wraparound (Wrap) program, which targets youth aged 11 to 17 who are at risk of joining gangs and helps them build positive lifestyles and self-worth by establishing stronger connections with their school, community and home. There are currently 97 students taking part in the program, which the province says has demonstrated a 67 per cent decline in negative contact with police. "As part of our commitment to tackle gangs and gun violence and create safer communities for people, we are delivering on our promise to increase support for Surrey Wrap by $500,000," said Mike Farnworth, minister of public safety and solicitor general. "People want to feel safe where they live and know their child won't be lost to the dead-end path of gang life," Farnworth said. "It's time to target gang violence in our neighbourhoods head-on." Read the full CBC News article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Committees of the Executive Council Regulation (156/2017) |
NEW Aug. 1/17 |
see Reg 156/2017 |
Committees of the Executive Council Regulation (229/2005) | REPEALED Aug. 1/17 |
by Reg 156/2017 |
Minister of State for Child Care Expected Results for the 2017/2018 Fiscal Year Regulation (159/2017) | NEW Aug. 23/17 |
see Reg 159/2017 |
Minister of State for Trade Expected Results for the 2017/2018 Fiscal Year Regulation (160/2017) | NEW Aug. 23/17 |
see Reg 160/2017 |
MOTOR VEHICLE & TRAFFIC | ||
Motor Vehicle and Traffic News: BC Court of Appeal Denies Severe Injury Claim Because Teenaged The Court found, however, that the driver of the vehicle was not operating it with either the express or implied consent of the owner. Accordingly the lawsuit against the vehicle owner was dismissed. The driver was 15 years of age at the time and did not have a license. The Court concluded that "at the time of the accident (the Plaintiff) knew that (the driver) was age 15 and did not have a driver's license." ICBC denied coverage to the Plaintiff and the current lawsuit was commenced. Read the full article by Erik Magraken on the BC Injury Law and ICBC Claims Blog. More Vehicle Crashes, Increased Injury Payouts and Higher Vehicle Responding to a Canadian Press story on Sunday [August 13], Insurance Corporation of British Columbia (ICBC) spokesperson Joanna Linsangan confirmed to Canadian Underwriter that there are about 875 vehicles crashes on an average day in BC, with the number of crashes increasing by 23% between 2013 and 2016. "Based on the 2016 calendar, we spent over $5 billion on claims and related costs," Linsangan said on Monday. "Over 365 days, that's about $13 million a day." Injury costs have also soared about 80% over the last seven years, the Canadian Press reported. Linsangan told Canadian Underwriter that injury costs in 2009 were $1.5 billion compared to $2.7 billion in 2016. Vehicle repair costs have increased 30% from $1.16 billion in 2014 to $1.5 billion last year. Read the Canadian Underwriter article. BC Supreme Court Quashes Driving Prohibition when Officer's Issuance of the Prohibition The Officer's notes and report indicated the petitioner was travelling 130 km/hr in a 80 km/hr zone. The petitioner stated he had been travelling on a highway with a speed limit of 110 km/hr, before exiting the highway to an 80 km/hr zone along with other vehicles travelling at the same speed. The Officer issued the petitioner a 24-hour driving prohibition pursuant to s. 215(3) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, on the basis the Officer had reasonable and probable grounds to believe the petitioner's ability to drive a motor vehicle was affected by a drug, other than alcohol. According to the Officer's notes and report, he based the driving prohibition on the petitioner's speed, dilated pupils, and poor performance on a standard field sobriety test. The Officer's notes and report indicated the traffic stop occurred at 8:32pm and the notice was issued within three minutes, at 8:35pm. The petitioner applied for judicial review of the driving prohibition. The scheme for review of a driving prohibition under s. 215(3) of the Motor Vehicle Act is unusual in that there is no intermediate review to an administrative decision-maker (for example, the Superintendent of Motor Vehicles) and record of proceedings available to the reviewing court. Read the full article by Joel A. Morris with Harper Grey LLP. Federal Justice Minister Seeks to Beef Up Green Leader Andrew Weaver Pushes to Legalize Uber in BC "The government cannot stick its head in the sand when it comes to new technology," Weaver said in a release. "All parties want to see BC be a leader in the emerging economy. To do so, government must take a proactive, responsive approach that considers the wide-ranging impacts of technological innovation. Vancouver is the largest city in North America without ridesharing – it is time we finally made this service accessible to British Columbians." Read The Vancouver Sun article by Scott Brown. CVSE Bulletins & Notices
For more information on these and other items, visit the CVSE website. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Special Direction IC2 to the British Columbia Utilities Commission (307/2004) |
Aug. 31/17 | by Reg 165/2017 |
PROPERTY & REAL ESTATE | ||
Property and Real Estate News: Breaking into British Columbia's Real Estate Market with the Here we discuss an increasingly popular option that many are relying on to getting around these barriers, which involves making the investment with another person, or as we call it: co-ownership.
Read the full article by Sid Koshulof with Segev LLP. "Painful No Matter what Happens": Economists Worried by The 2016/17 public accounts released earlier this week recorded a $2.7 billion surplus. Real estate revenue accounted for a big part of that high number, largely due to a 32 per cent growth in the Property Transfer Tax revenue, which brought in roughly $2 billion in total revenue last fiscal year. While speaking on The Early Edition Tsur Somerville, a professor of economics at the University of British Columbia, said beyond the Property Transfer Tax the income from the hot real estate market feeds several other government revenue streams. He used examples like the personal income tax on a home builder, the income tax of a real estate agent and the tax on furniture or home appliances, all of which are tied to the strength of the market. Somerville noted that in BC real estate accounts for a larger share of government revenues than it does in any other province. Read the full CBC News article by Matt Humphrey. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Property Transfer Tax Regulation (74/88) |
Aug. 2/17 | by Reg 108/2017 |
WILLS & ESTATES | ||
Wills and Estates News: Converting a Petition to an Action
Read the full article by Trevor Todd on disinherited.com. Digital Wills: How the Law of Wills In their recent consultation paper entitled Making a Will, the Law Commission of England and Wales examines the issue of digital wills and other aspects of the impact of technology on the law of wills. In this post, the provisional proposals made by the Law Commission in their consultation paper are compared to the BCLI's recommendations on recognition of digital wills in our report, Wills, Estates and Succession: A Modern Legal Framework ("2006 Succession Law report").
Read the full article by Allison Curley and published on the BCLI website. Sato v. Sato Hiroyuki Rex Sato, often referred to as Rex, immigrated with his family to British Columbia in 1969. He became a Canadian citizen in 1975. Following his graduation from university, Mr. Sato lived and worked in several different cities, first in Toronto, then back in Vancouver, followed by the Cayman Islands, Tokyo, Guernsey, and then Luxembourg. He died on March 7, 2015 in Japan where he was being treated for cancer. For Canadian income tax purposes, the Canada Revenue Agency agreed that he became a non-resident of Canada in 1999. Mr. Sato made a will in Vancouver on May 19, 2011, while visiting. In his will, Mr. Sato appointed his sister Helen Sato as his executor, and divided most of his estate equally between his two sisters. This will was his last. Makiko Sato and Rex Sato were married in April 2013. At that time, he was living in Luxembourg. He had moved there in 2009, and remained a resident of Luxembourg until his death. The issue Mr. Justice Funt was asked to decide in Sato v. Sato, 2017 BCSC 1394, was whether Mr. Sato was domiciled in Luxembourg at the time of his marriage or still in British Columbia. Why is that important? Read the full article by Stan Rule of Sabey Rule. Tax Proposals Affecting Private Companies and On July 17, 2017 Finance Minister Bill Morneau tabled a consultation paper, "Tax Planning Using Private Corporations" (the "Paper"). Draft legislation was also tabled to enact certain of the proposals. If enacted as proposed, there will be sweeping changes to income splitting strategies, the availability of the capital gains exemption, and the use of trusts. It is clear that the taxation of investment holding companies will also be significantly affected. While the process is styled as a consultation, the content, the length of the paper (63 pages) and the existence of draft legislation makes it is clear that the Government is far along in its thinking and has both well-developed and strongly held views. Read the full article by Cathie Brayley, Areet Kaila and Richard Weiland of Clark Wilson LLP. BC Court of Appeal Finds Failure to Properly Apply the The appellant (Andrew) and his brother (Carl) were in dispute over the division of the estate of their mother (Jessie). Andrew was the sole residual beneficiary of Jessie's estate. Jessie's home and bank account were held in joint tenancy with Carl, meaning both of those assets passed to him upon her death. Jessie's Will included an acknowledgement that she held assets jointly with Carl and those would not form part of her estate. This ownership structure was not challenged by Andrew. Read the full article by Eileen Vanderburgh with Alexander Holburn + Lang LLP. Planning for Children: The Public Guardian and Trustee of BC's Role in |
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Act or Regulation Affected | Effective Date | Amendment Information |
There were no amendments this month. |
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