The court applied this provision in Re Boisvert Estate, 2026 BCSC 195, allowing the surviving spouse to retain the spousal home, subject to a charge in favour of the deceased's children, but limited the period for which the surviving spouse could retain the home to a further 2...

In Singh v Singh, 2020 BCCA 21, the Court of Appeal restricts the nature of the "other factors" that may be argued in favour of reapoprtionment. Justice Garson reviews the specific factors identified in section 95(2) and, applying the principles of statutory interpretation, co...

The implications of this section are canvassed by Jennifer Bednard in "Will or Will Not: Practice Implications of Section 58 of the Wills, Estates and Succession Act Part I: What is a Testamentary Document Anyway?" (2020) 78 Advocate 527.

The Court of Appeal quashed a decision of the Tribunal that denied legal representation on the basis that legal counsel could instead provide assistance anonymously and behind the scenes.

The constitutionality of the Civil Resolution Tribunal's limitation on legal representat...

College of Physicians and Surgeons of British Columbia v. Madryga, 2025 BCCA 250: Section 53(1) imposes a general duty to preserve confidentiality “with respect to all matters or things that come to the person’s knowledge while exercising a power or performing a duty under thi...

The filing of a Notice of Dispute is a "proceeding" for the purpose of this section. After a Notice of Dispute is filed, the court may appoint an administrator pending legal proceedings. In Glendale v. Walker, 2024 BCSC 1947, the disputant successfully brought a petition to ap...

In Cohen 2023 BCSECCOM 317 an application was made to the BC Securities Commission for orders than notice delivered under an advance notice policy requiring notice with respect to the election of directors be included in a circular and that the shareholder vote be restrained u...

This section qualifies the application of s. 364(4) insofar as a limitation defence is invoked. In this case, in November 2020, the plaintiff corporation filed a claim against the defendants. The claim was declared a nullity because, at the time of filing, the plaintiff was di...

Decisions of the court under s. 17 are not limited appeal orders and therefore leave is not required under s. 11 of the Court of Appeal Rules to appeal.

This provision is mandatory and there is no discretion to order payment to be made to someone other than the PGT. See 2019 BCCA 171 at paras 7 - 11.

In Mithaq Canada Inc. 2024 ONCMT 9 the Ontario Capital Markets Tribunal (Tribunal) dismissed the application of Mithaq Capital SPC (Mithaq) to cease trade a private placement that Aimia Inc. (Aimia) completed in October 2023. Mithaq had asserted that the private placement was ...

Section 36 of the Property Law Act does not apply to the Crown land owned or controlled by the Provincial government: Fox v British Columbia (Ministry of Forests, Lands, Natural Resource Operations and Rural Development), 2022 BCSC 541

Moon v. International Alliance of Theatrical Stage Employees (Local 891), 2025 BCSC 2238 concerned whether a union’s disclosure of an internal audit report violated British Columbia’s Personal Information Protection Act (“PIPA”). The audit addressed a senior union steward’s mi...

The term "obsolete" means something that is "no longer practised or used, discarded; [and] out of date". A determination of obsolescence is a consideration of the nature of the charge itself in the circumstances of the use of the relevant property and a determination of whet...

Li v. Vancouver General Hospital, 2025 BCCA 247: There is no duty of care to a family member in the situation where someone has been involuntarily detained under the Mental Health Act. The certification under the Mental Health Act occurs when a person is a danger to themselves...

The BC Supreme Court considered this section in BCEST 2023 79 (Re), 2025 BCSC 2304, at paragraphs 40-41. The judge confirmed that section 58 of the Administrative Tribunals Act, S.B.C. 2004, c. 45 applies to decisions of the Employment Standards Tribunal. The "applicable sta...

In Gitxaala v. British Columbia (Chief Gold Commissioner), 2025 BCCA 430, the B.C. Court of Appeal allowed an appeal from a trial judge's decision not to determine whether the mineral claims regime in the B.C. Mineral Tenure Act, RSBC 1996, c. 292 was inconsistent with the Uni...

Oppression claims are subject to the Limitation Act. There is, however, no time bar to the court’s exercise of its jurisdiction to grant a remedy under this section, save for what might arise out of the equitable defence of laches. A laches defence will lie if the defendant ca...

This section was drawn from section 2.1 of the Arbitration Act, RSBC 1996, c. 55, and is needlessly confusing. On the one hand it seems to say that people can agree to arbitration anything that "may be the subject of a family law dispute in the future," while on the other is s...

In Vabuolas v. British Columbia (Information and Privacy Commissioner), 2025 BCCA 83, the Applicants challenged an order issued by an adjudicator under the Personal Information Protection Act, S.B.C 2003, c. 63 (“PIPA”). The Applicants are members and elders of the Grand Forks...

In BC EST # D063/17 (Red Chris Development Company Ltd.), the Employment Standards Tribunal considered an appeal relating to an overtime claim. The employer argued that the employment agreement contained or constituted an averaging agreement because (among other reasons) it ...

In Kelowna (City) v. Watermark Developments Ltd., 2025 BCCA 382, the B.C. Court of Appeal allowed an appeal from a chambers judge’s decision cancelling two restrictive covenants registered over certain land by the appellant city. The judge was satisfied that they should be can...

The policy considerations underlying section 60 of the Wills, Estates and Succession Act, together with the nature of constructive trusts was the subject of some debate in a series of articles published in The Advocate in 2022.

A healthy and respectful canvassing of positi...