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Feb 22 2024

BC Budget 2024

On February 22, the province announced the 2024 budget, and introduced the Budget Measures Implementation Act, 2024. Some of the highlights of the budget include:

  • an increase to the BC Family Benefit,
  • a one-time electricity affordability credit,
  • an increase to the climate action tax credit,
  • a new home flipping tax that will be effective January 1, 2025,
  • a property transfer tax exemption for first-time homebuyers,
  • a higher Employer Health Tax exemption threshold, and
  • funding focusing on housing, health care, and climate emergency response.

There is a projected deficit of $7.9 billion for the upcoming year. For more information, see the BC Budget 2024 site or the news release.

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Feb 02 2024

Paul McLean to Annotate OHS Legislation on Quickscribe

Quickscribe is thrilled to announce that Paul McLean, partner with Mathews Dinsdale & Clark LLP, will soon begin contributing annotations for Occupational Health and Safety legislation on Quickscribe.

Recognized as a leading practitioner by Best Lawyers and Lexpert, Paul provides strategic counsel to clients concerning occupational health and safety matters, workplace litigation, inquests, workers' compensation and human rights issues. Paul has over twenty-five years of experience in this area of practice and has worked in the mining, transportation, hospitality, construction and financial sectors.

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Jan 30 2024

We Need Your Input! (Short Survey)

We want to make sure that our service, which is proudly developed in BC, continues to meet your expectations and adapts to your needs. That's why we kindly ask you to complete this brief survey. Your input will help us prioritize and plan future enhancements. Thank you for your time and support!

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Recent Contributions From Our Experts

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

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 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

By Order in Council No. 628, on November 27, 2023, the Lieutenant Governor in Council amended s. 5 of the Disbursements and Expert Evidence Regulation, BC Reg, 210/2020 ("Regulation"). Section 5 of the Regulation limits recovery of disbursements in motor vehicle litigation to ...

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OnPoint Legal Research, Onpoint Legal Research Law Corporation on B.C. Reg. 241/2023

In applying this section, the Court may consider the following: "First, what were the testator's intentions with regard to the issue for which rectification is sought? Second, does the Will as written fail to carry out those intentions? Third, is that failure a consequence of ...

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

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

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

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

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...

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

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

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 threat of an oppressive act, even if the threat has passed before the matter proceeds to court, will not necessarily oust the court's jurisdiction to find oppression. If the aggrieved shareholder continues to suffer from the effect of the past oppression, the application m...

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Debby Cumberford, Deborah M. Cumberford on BUSINESS CORPORATIONS ACT

Section 35 is a "comprehensive code for the modification or cancellation of the interests in land identified in subsection (1)"(para. 40). It ousts the common law.

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Peter Roberts, Lawson Lundell LLP on PROPERTY LAW ACT

In July 2022 the Ombudsperson’s Office released “Systemic Investigation Update: Report on the Implementation of Recommendations from Committed to Change: Protecting the Rights of Involuntary Patients under the Mental Health Act”, which considers whether ...

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Laura Johnston, Health Justice on MENTAL HEALTH REGULATION 233/99

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

In Helgason v. Rondeau, 2023 BCCA 339, the Court of Appeal overturned the trial judge’s decision that the respondent was not negligent when his vehicle collided with the appellant’s vehicle. The judge erred in failing to recognize that the standard of care expected...

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OnPoint Legal Research, Onpoint Legal Research Law Corporation on MOTOR VEHICLE ACT

In Tom v. Tang, 2023 BCCA 221, the Court of Appeal clarified that the objective standard of a reasonable will-maker applies to the will-maker's reasons for the provisions made for adult children. Previous decisions should not be interpreted as applying a subjective standard wh...

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

 

In Northwest Copper Corp. 2023 BCSECCOM, the British Columbia Securities Commission (BCSC) confirmed that 62-104 applies to proxy fights and is not restricted to take-over bids. The BCSC considered the decision in Genesis Land Development Corp. v. Smoothwater Capital C...

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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)

This amendment removes "an architect, as defined in the Architects Act" in 31(a) but adds "an architect under the Professional Governance Act" in 31(f.1).  This is a consequential amendment after the Architects Act was repealed on February 10, 2023 and architects are now ...

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Scott Marcinkow, Harper Grey LLP on EMPLOYMENT STANDARDS REGULATION 396/95

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

The Mental Health Act has no purpose or principles guiding statutory interpretation and application. In A.T. v. British Columbia (Mental Health Review Board), 2023 BCCA 283 at paras. 68-73 the Court summarized different purposes that can be found through jurisprudenc...

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Laura Johnston, Health Justice on MENTAL HEALTH ACT

 

The Province's guidance [linked here: Guidance on wage or salary information on job postings - Province of British Columbia (gov.bc.ca)] confirms that employers do not need to include commissions or bonus pay, overtime pay, tips, or benefits on job postings. ...

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Scott Marcinkow, Harper Grey LLP on PAY TRANSPARENCY ACT

I

In Northwest Copper Corp. 2023 BCSECCOM, the British Columbia Securities Commission (BCSC) confirmed that 62-104 applies to proxy fights and is not restricted to take-over bids. The BCSC considered the decision in Genesis Land Development Corp. v. Smoothwater Capital Corpor...

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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)

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 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

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

Provisions in the Act which prohibit specific types of ipso facto clauses, such as this one, which invalidates clauses that grant an accelerated payment or forfeiture of term because of someone’s filing of a Notice of Intention, do not oust the general common law “anti-dep...

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

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

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