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Oct 03 2023

New Disaster Management Law Introduced to Address Preparedness, Mitigation [Early Consolidation]

Update: Bill 31, the Emergency and Disaster Management Act, was introduced on October 3, 2023. Quickscribe has published an early consolidation of the new Act (with Hansard) prior to its coming into force. 

British Columbia’s emergency management minister said the province will be ready to introduce “in the coming weeks” new laws to govern responses to increasingly frequent natural disasters such as wildfires and flooding.

Bowinn Ma told a gathering at the Union of B.C. Municipalities’ annual convention in Vancouver Tuesday [September 19] that laws will address the four phases of emergency management, ranging from preparedness and mitigation to response and recovery.

Ma told B.C.’s local politicians that the current Emergency Program Act focusing on disaster response has not been updated since 1993 and hasn’t kept up with the increasing frequency of extreme weather brought on by climate change. Read the full article by the Canadian Press, published by Global News.

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Feb 07 2023

New Act to Recognize National Day for Truth and Reconciliation Introduced

On February 7, the government tabled a bill to recognize National Day for Truth and Reconciliation as a public holiday in BC. If passed, the bill will amend the Employment Standards Act, as well as the Election Act and Interpretation Act, to designate September 30, Orange Shirt Day, as a statutory holiday.

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Oct 27 2022

Changes to Passenger Transportation Accessibility and Safety Introduced

Bill 40, the Passenger Transportation Amendment Act (No. 2), 2022, was introduced on October 27 and amends the Passenger Transportation Act. If passed, the Bill will enable the registrar of passenger transportation to support and operate an accessibility program that increases the availability of accessible commercial passenger vehicles and services for passengers with disabilities. According to the government, the accessibility program will require taxi and ride-hailing industries to increase the number of wheelchair accessible vehicles they provide.

Other proposed changes support increased passenger safety, by granting authority to the registrar of passenger transportation to prevent ineligible people from driving passenger-directed vehicles, as well as clarifying the type of evidence a driver must produce to confirm eligibility to drive the vehicle.

The Bill also clarifies the authority of the Passenger Transportation Board when setting out the terms and conditions for licensing service providers of commercial passenger vehicles.

For more information, read the government news release.

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Recent Contributions From Our Experts

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 p...

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D. Michael Bain, K.C., Hamilton Howell Bain & Gould on WILLS, ESTATES AND SUCCESSION ACT

The class action privacy case, Ari v. Insurance Corporation of British Columbia, 2022 BCSC 1475 involved a claim by individuals (and those who lived with them) whose personal information was improperly accessed without an apparent business purpose, by an ICBC adjuster. The adj...

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Karen Zimmer, Alexander Holburn Beaudin + Lang LLP on PRIVACY ACT

Maddock v. British Columbia, 2022 BCSC 1605: Section 54(h) empowers the Provincial Health Officer ("PHO") to decline the request of a person affected to reconsider (s. 43), review (s. 44), or reassess (s. 45) an order or a variance order during an emergency. This provision exi...

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Joel Morris, Harper Grey LLP on PUBLIC HEALTH ACT

The Director of Adjudication allowed the Ministry of Attorney General, the Ministry of Finance, and the Ministry of Health’s request that the commissioner grant certain remedies on the basis that an individual was abusing FIPPA’s review and inquiry process: the com...

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Karen Zimmer, Alexander Holburn Beaudin + Lang LLP on FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

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.

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D. Michael Bain, K.C., Hamilton Howell Bain & Gould on WILLS, ESTATES AND SUCCESSION ACT(2021-11-30)

In Hawthorn v Hawrish, 2023 BCCA 182, the Court of Appeal upheld the chambers judge’s order dismissing applications made under s. 7 of the Arbitration Act, SBC 2020, c 2 (the "Act") for a partial stay of proceedings in favour of arbitration. The Court of Appeal held that...

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OnPoint Legal Research, Onpoint Legal Research Law Corporation on ARBITRATION ACT

In R. v. Christensen, 2020 BCPC 208 the Court accepted expert medical evidence that it would be unethical to use the authority of the Mental Health Act to enforce compliance with anti-androgen medication for someone convicted of repeated sexual offences. The expert physicians ...

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Laura Johnston, Health Justice on MENTAL HEALTH ACT(2023-03-29)

Section 23 of the Builders Lien Act provides for the ‘removal of claims of lien by payment of total amount recoverable’. In Metro-Can Construction (PE) Ltd. v. Escobar, 2022 BCSC 287, Master Bilawich held that the order sought by the petitioner under...

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Christopher Hirst, Alexander Holburn Beaudin + Lang LLP on BUILDERS LIEN ACT

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.

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Dan Orsetti, Public Guardian And Trustee of British Columbia on WILLS, ESTATES AND SUCCESSION ACT

The litigation conduct of a corporation that is a co-defendant to an oppression action, in particular a corporation’s vigorous conduct of its defence and the filing of a counterclaim, cannot be actionable as oppression. In this case, the parties were shareholders of the ...

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Debby Cumberford, Deborah M. Cumberford on BUSINESS CORPORATIONS ACT

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...

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Melanie Harmer, McMillan LLP on CIVIL RESOLUTION TRIBUNAL ACT

 

In B.C., leave is not required in order to start or continue a common law derivative action ;  whether leave should be required is  a matter for the legislature to decide.

 

1115830 B.C. Ltd. v. Treasure Bay HK Limited, 2022 BCCA 380 

 

&n...

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Debby Cumberford, Deborah M. Cumberford on BUSINESS CORPORATIONS ACT

In Bison Acquisition Corp 2021 ABASC 188 after unsuccessful discussions, Bison (which was formed by funds managed by Brookfield) made an unsolicited offer for IPL.  Subsequently IPL executed an arrangement agreement with Pembina which contained a $350M termination fee.

&...

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Teresa Tomchak, Osler, Hoskin & Harcourt LLP on NATIONAL INSTRUMENT 62-104 TAKE-OVER BIDS AND ISSUER BIDS (B.C. Reg. 21/2008)

In Bison Acquisition Corp. 2021 ABASC 188 after unsuccessful discussions, Bison (which was formed by funds managed by Brookfield) made an unsolicited offer for IPL.  Subsequently IPL executed an arrangement agreement with Pembina which contained a $350M termination fee.

...

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Teresa Tomchak, Osler, Hoskin & Harcourt LLP on SECURITIES ACT(2023-03-08)

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

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Peter Roberts, Lawson Lundell LLP on PROPERTY LAW ACT

Crisci v. Vancouver Island Health Authority, 2023 BCSC 1883: Section 51 encompasses not only the initial investigatory stage, but also the implementation stage of the complaint process. 

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Joel Morris, Harper Grey LLP on EVIDENCE ACT

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...

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John-Paul Boyd QC, John-Paul E. Boyd Arbitration Chambers on FAMILY LAW ACT(2022-03-30)

In R. v. Christensen, 2020 BCPC 208 the Court accepted expert medical evidence that it would be unethical to use the authority of the Mental Health Act to enforce compliance with anti-androgen medication for someone convicted of repeated sexual offences. The expert physicians ...

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Laura Johnston, Health Justice on MENTAL HEALTH ACT

In British Columbia (Attorney General) v. Le, 2023 BCCA 200, the appellants challenged an order that s. 5 of the Disbursement and Expert Evidence Regulation, BC Reg 210/2020 (the "Regulation") was both invalid and unconstitutional. The Court of Appeal held that a reg...

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OnPoint Legal Research, Onpoint Legal Research Law Corporation on DISBURSEMENTS AND EXPERT EVIDENCE REGULATION 210/2020(2023-11-26)

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.

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Dan Orsetti, Public Guardian And Trustee of British Columbia on WILLS, ESTATES AND SUCCESSION ACT(2020-08-13)

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Greg GEHLEN, GEHLEN DABBS CASH LLP on BANKRUPTCY AND INSOLVENCY ACT [FEDERAL](2022-06-08)

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...

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John-Paul Boyd QC, John-Paul E. Boyd Arbitration Chambers on FAMILY LAW ACT

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.

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Melanie Harmer, McMillan LLP on JUDICIAL REVIEW PROCEDURE ACT

The Court in Triad Mechanical Inc. v. Maple Leaf Green World Inc., 2021 BCSC 1865 considered the dictionary definition of "conclusively", and determined that "conclusively deemed" within s. 33(4) of the Builders Lien Act, does not leave open the question of whether there is a ...

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Christopher Hirst, Alexander Holburn Beaudin + Lang LLP on BUILDERS LIEN ACT

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Greg GEHLEN, GEHLEN DABBS CASH LLP on BANKRUPTCY AND INSOLVENCY ACT [FEDERAL]

It is not always necessary to show that the proposed action is in the best interest of the estate. It may be sufficient if it is necessary or expedient to protect the interest of a specified person. 

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Stanley Rule, Sabey Rule LLP on WILLS, ESTATES AND SUCCESSION ACT(2023-03-29)

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

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Peter Roberts, Lawson Lundell LLP on PROPERTY LAW ACT(2023-03-29)

It is not always necessary to show that the proposed action is in the best interest of the estate. It may be sufficient if it is necessary or expedient to protect the interest of a specified person. 

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Stanley Rule, Sabey Rule LLP on WILLS, ESTATES AND SUCCESSION ACT

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