Quickscribe 2.0

A better way to research, track and collaborate on legislation.

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Amendments

Colour-coded amendment flags make it easy to determine when sections were last amended. Compare the full text of how the section read the day before the change came into law with one click!

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Annotations

Annotation tools allow you to post annotations throughout the legislation. Annotations can be saved as private (encrypted), organizational (only readable to those in your firm) or even shared with the QS community. The choice is up to you. Quickscribe's expert legal annotators will also contribute annotations for the benefit of all users.

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Our Panel of Experts

Quickscribe has hand-selected a number of respected legal professionals who will provide thoughtful commentary and legislative insight with links to relevant case law.

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Print PDFs

Quickscribe's popular PDF tools make it easy to print sections or entire laws on demand! These professional-looking PDFs can be saved to file and because Quickscribe's laws are updated weeks before any other source, you can have a fully consolidated hard copy law in your hands before anyone else!

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Collaborate

Quickscribe 2.0 allows you to collaborate and engage in high-level discussions on legislative topics with your peers. This tool is ideal for contributing to the overall knowledge management of your organization.

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Alerts

Stay informed! QS 2.0 includes a number of timely, detailed and fully customizable notification alerts for both upcoming and recent changes to laws of your choosing. Visit Alerts to learn more.

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Follow Threads on Laws

Stay engaged by receiving email alerts for recently added annotations to laws or sections of your choosing. You can even filter these to only receive alerts for new annotations made by fellow colleagues or our expert annotators.

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Save Time

It's the little things we have done that will save you time and enrich your legislation research experience.

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Historical Research Tools

QS 2.0 offers a number of historical legislation research tools that will save you time when researching how laws read at different points in history.

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Stay Ahead

Laws on QS are often updated weeks before any other source. Quickscribe also publishes early consolidation of certain laws as they will look when they come into force. These special consolidations are rarely found elsewhere.

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Select Hansard (Debates)

Quickscribe's Hansard references make it easy for you to determine the government's intent behind legislation.

Look for the [H] icon adjacent to a section that includes a Hansard (legislative debate) reference.

Tip: Visit the main Hansard page located on the left navigation bar to learn more.

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What Makes Quickscribe 2.0 Unique?

  • Most Current

    With Quickscribe, you'll never have to question whether you are accessing the most current version of a law again. QS 2.0 provides access to laws that are updated weeks before any other source. How do we do it? Our system was built with the flexibility to allow us to post changes the same day they come into law. In fact, as a convenience to our clients, Quickscribe will routinely post early consolidations of key laws prior to coming into force. These early consolidations are rarely, if ever, found elsewhere.

  • Dynamic Annotations

    Whether you want to contribute and engage in the legislative discussions or simply benefit from reading the annotations made by others, Quickscribe's annotations deliver dynamic, value-added content that will enrich your legislative research experience.

    Quickscribe's ever-growing panel of hand-selected expert annotators contributes annotations throughout the legislation for the benefit of all users.

    You may also add your own annotations and save them as private (encrypted), organizational (only readable to those in your firm) or even shared with the QS community (moderated). The choice is up to you.

  • PDF – on Demand!

    Have you ever been frustrated with the process of trying to print off individual sections or entire laws from other sites? Quickscribe's popular PDF tools make it easy to print off professional-quality PDF versions of selected sections or entire laws on demand! These PDFs can also be saved to file. Clients even have the option to print both the annotated and non-annotated versions of the law.

  • Custom Tracking/Alerts

    QS 2.0 includes a number of timely, detailed and fully customizable alerts that will notify you of both upcoming and recent changes to laws of your choosing. These popular alerts will ensure you keep informed of the very latest changes. Each alert will provide detailed information with a link to the new/proposed change. Quickscribe has gained a reputation for sending these notices sooner than any other service on the market. Visit our alerts page to learn how these alerts can work for you.

  • Historical Law Research Tools

    Access to historical legislation is important. Quickscribe excels at offering historical research tools that help you find what you are looking for quickly and efficiently.

  • Select Hansard - at section level!

    Quickscribe's Hansard feature makes it easy for you to determine statutory intent directly from the section being debated. Learn more.

  • Organizational KM Tools

    QS 2.0 allows you to share and contribute annotations and content for the benefit of others in your organization. Link building and document upload tools help to ensure annotations are dynamic and flexible enough to incorporate related documentation. Over time, these Organizational Annotations will add significant historical research value – a powerful contribution to the knowledge management of your organization.

Private Annotations

You can easily and securely create and save your own private annotations (PAs) throughout the legislation.

PAs are fully encrypted and can only be viewed by you. You can search, edit, manage and delete these as needed.

QS will even transfer your PAs over to a new account should you move to another organization. By default, all annotations are set to private.

Organizational Annotations

Organizational annotations (OAs) will help to facilitate collaborative discussion and awareness about legislative issues and cases that may be of interest to others in your organization.

OAs are fully encrypted and can only be read or shared by others in your organization. For larger organizations, OAs can be filtered and saved to subgroups. You can follow OAs posted by colleagues and reply to or share OAs within your organization at any time. Document upload and link-building tools make it easy to contribute to the Knowledge Management for your organization.

To save an annotation as an Organizational annotation, select "My Organization" when you go to save the annotation. The default is set to save annotations as Private.

Community Annotations

Quickscribe Community Annotations are posted for the benefit of all Quickscribe users. Saving your annotation as a QS Community (public) Annotation (QSCA) is a great way to share and contribute to the ever-growing, collaborative knowledge base that comprises all users.

For example, your research may have uncovered a valuable tip or reference to a case that might be of interest to others using Quickscribe. Other users may want to initiate a discussion relating to the interpretation of a vague reference in a proposed law. The Community annotations are intended to facilitate this type of content/discussion for the benefit of all users.

All QSCAs are moderated and reviewed prior to publishing. Portions of QS Community annotations may also be published to various public sites.

To save an annotation as an Organizational annotation, select "QS Community" when you go to save the annotation. The default is set to save annotations as Private.

What is an annotation?

Traditionally, an annotated law will include information about the application and intent behind the sections in a law. While many of the QS Community and Expert annotations will include these types of annotations, we have broadened the definition to also include references to:

By broadening the definition of an annotation, we can deliver a more dynamic, flexible and relevant research tool that will evolve over time and as laws change.

Types of Annotations

Quickscribe 2.0 offers you the ability to make and save annotations as Private (only readable by you) or Organizational (accessible to only those in your organization); both are encrypted. Annotations can also be posted to the Quickscribe Community. These are moderated and some restrictions apply. Quickscribe's Expert Annotators will contribute annotations for the benefit of all users.

In summary, an annotation is any note that offers additional substantive value for our users.

Annotations from our Quickscribe Experts

The amendment to this Rule made effective July 1, 2019 changes the manner in which most applications are brought when no probate file has been opened from requisitions to petitions.

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Stanley Rule, Sabey Rule LLP on SUPREME COURT CIVIL RULES (B.C. Reg. 168/2009)

In Nova Scotia (Minister of Health) v. J.J., 2005 SCC 12, the Court rejected the Minister’s argument that judges may only approve a care plan as proposed by the Minister or veto it. Courts have the jurisdiction in reviewing a proposed care plan to reject certain components o...

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Laura Johnston, Community Legal Assistance Society on ADULT GUARDIANSHIP ACT

Section 79 of the Freedom of Information and Protection of Privacy Act (”FIPPA”) provides that, if a FIPPA provision is inconsistent or in conflict with a provision in another statute, the FIPPA provision prevails unless the other statute expressly provides that if applies...

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Eileen Vanderburgh, AHBL Management Limited Partnership on FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

Wong v. Lok’s Martial Arts Centre Inc. [2009 BCSC 1385]: A child’s parent cannot effectively execute a pre-tort release on behalf of a minor.

Per Willcock, J.:

[60] I am of the opinion, however, reading the Infants Act [RSBC 1996] C. 223 as a whole that the legislature i...

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Jeff Young, Altman & Company on INFANTS ACT

This section, introduced in 1992, sets out a comprehensive regime for environmental liabilities in insolvency, dealing with priority, liability of the trustee, and related issues.

In the recent decision of Orphan Well Association v. Grant Thornton Ltd. (“Redwater”), the ...

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

As Rob Miller has correctly pointed out, there appears to be an issue with the wording in this section. The sentence likely should include "of the" between "portion" and "highway".

Because this wording is also reflected in the official source, the change may need to be made l...

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Michael Pasta, Quickscribe Services Ltd. on MOTOR VEHICLE ACT REGULATIONS 26/58

the "other prescribed substances" are cited in Section 3 of the Oil and Gas Activities Act General Regulation (see link attached). These are water or steam used for geothermal activities or oil and gas activities, carbon dioxide, and liquid hydrocarbons.

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Anita Mathur, BC Oil & Gas Commission on OIL AND GAS ACTIVITIES ACT

In a judicial review of a decision of the Environmental Appeal Board, the BC Court of Appeal interpreted the provisions of the Partnership Act pertaining to limited partnerships.

The Court of Appeal concluded that:

1. a limited partnership is not a legal entity;

2. a limi...

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Melanie Harmer, McMillan LLP on PARTNERSHIP ACT

Assam Co. India Ltd. v. Canoro Resources Ltd., 2014 BCSC 370 at para. 42

Principles under this provision include that:

1. Broad deference and respect is to be accorded to international arbitration tribunals;

2. This Court is generally not empowered to scrutinize the arb...

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Joe McArthur, BLAKE, CASSELS & GRAYDON LLP on INTERNATIONAL COMMERCIAL ARBITRATION ACT

“Occupational association” is defined in s. 1 of the Code to mean “an organization, other than a trade union or employers’ organization, in which membership is a prerequisite to carrying on a trade, occupation or profession”.

The Human Rights Tribunal has found the...

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Devyn Cousineau, Human Rights Tribunal on HUMAN RIGHTS CODE

The opening language of s. 43.3(1)(g) expressly confines any right to public consultation to the terms of the particular community forest agreement at issue. It does not confer any independent right to public consultation. Section 43.3(1)(g) simply confirms that the tenure hol...

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Mark Oulton, Hunter Litigation Chambers on FOREST ACT

The question of when an unmarried spousal relationship ends is discussed by the Court of Appeal in Robledano v Queano, 2019 BCCA 150 in the context of the Wills, Estates and Succession Act.

The provisions of WESA on the matter are found at s. 2(2)(b) and state that two perso...

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

The recent decision of the Nisga'a Lisims Government v. Nisga'a Valley Health Authority 2017 BCSC 2363 involved a validation of a vote taken at a members' meeting of the Health Authority. The defect was that the Health Authority's Bylaws required a vote to be taken by a show ...

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Margaret Mason, Norton Rose Fulbright LLP on SOCIETIES ACT

Effective 1st January 2020, sections 13, 16, and 18 of the Oil and Gas Activities Amendment Act, 2018 (see link below) will be brought into force through the attached regulation. This regulation includes the Investigations Regulation under which citizens may request investigat...

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Anita Mathur, BC Oil & Gas Commission on OIL AND GAS ACTIVITIES ACT

In some circumstances it is prudent for the committee to seek the court's direction in making major decisions about the assets of an incapable adult's estate. Where the adult's interests may be compromised by a proposed scheme, the committee should consider the leading cases ...

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Philippa Estall, Public Guardian And Trustee of British Columbia on PATIENTS PROPERTY ACT

A transfer for the purposes of security, such as a pledge of a motor vehicle, is NOT an "eligible financial contract," and the exception available under this subsection does not apply to such a transfer. This was the conclusion of the Alberta Court of Queen's Bench in Pereira...

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

In Forest Practices Board v. Government of British Columbia (M.G. Logging and Sons Ltd., Third Party) (unreported, February 10, 2017, Forest Appeals Commission (Andison, Chair), Appeal No. 2016-FRP-0001(a)), the Forest Appeals Commission concluded that consideration of previou...

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Jeff Waatainen, DLA Piper LLP on FOREST AND RANGE PRACTICES ACT

As Rob Miller has correctly pointed out, there appears to be an issue with the wording in this section. The sentence likely should include "of the" between "portion" and "highway".

Because this wording is also reflected in the official source, the change may need to be made l...

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Michael Pasta, Quickscribe Services Ltd. on MOTOR VEHICLE ACT REGULATIONS 26/58

This is a very useful provision for treaty First Nations, because it confirms that these types of dedications do not operate to convey title to the Crown - title to the dedicated land remains vested in the First Nation.

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John Doolan, Miller Thomson LLP on LAND TITLE ACT

See the annotation to s. 473(1)(a) regarding the relationship between a housing needs report and the relevant official community plan.

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Bill Buholzer, Young Anderson on LOCAL GOVERNMENT ACT

This section should be taken at face value, which means that the 30-day period is unique to each member receiving a LITB. For example, if an administrator gets a "bounce back" and have to send out the statement again, the 30-day period does not start till the member actually g...

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Murray Campbell, Lawson Lundell LLP on PENSION BENEFITS STANDARDS REGULATION 71/2015

The recent decision of the Nisga'a Lisims Government v. Nisga'a Valley Health Authority 2017 BCSC 2363 involved a validation of a vote taken at a members' meeting of the Health Authority. The defect was that the Health Authority's Bylaws required a vote to be taken by a show ...

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Margaret Mason, Norton Rose Fulbright LLP on SOCIETIES ACT

When an 'expert' is issued a subpoena to testify to facts as opposed to opinion evidence they are entitled to no more conduct money than any other witness of fact.

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Erik Magraken, MacIsaac & Company on SUPREME COURT CIVIL RULES (B.C. Reg. 168/2009)

Temporary layoffs are considered in the May 2018 issue of The Advocate. See Bhalloo, S. and Holbrook, H., "Temporary Layoff: A Comparitive Review of the Law in British Columbia and Alberta" (2018) 76 Advocate 361-377.

See also s. 72(1)(a) of the Employment Standards Act in...

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Michael Bain, Hamilton Howell Bain & Gould on EMPLOYMENT STANDARDS ACT

An “after work” fire watch required under Schedule 3 of the Wildfire Regulation, B.C. Reg. 38/2005, O.C. 94/2005, at a worksite where high-risk activity occurs must begin after all work has ended, and not just the high-risk activity: British Columbia v. Canadian Forest Pro...

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OnPoint Legal Research, Onpoint Legal Research Law Corporation on WILDFIRE REGULATION 38/2005

An “after work” fire watch required under Schedule 3 of the Wildfire Regulation, B.C. Reg. 38/2005, O.C. 94/2005, at a worksite where high-risk activity occurs must begin after all work has ended, and not just the high-risk activity: British Columbia v. Canadian Forest Pro...

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OnPoint Legal Research, Onpoint Legal Research Law Corporation on WILDFIRE REGULATION 38/2005

After resigning as director and despite aggressive attempts bordering on extortion, the petitioner was unsuccessful in getting the company's principal and majority shareholder to purchaser the petitioner's minority share interest. The court dismissed the petitioner's oppressio...

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Debby Cumberford, Deborah M. Cumberford on BUSINESS CORPORATIONS ACT

The Developer of a large, multi-purpose, complex consisting of 7 Air Space Parcel plans and a number of separate strata corporations, prior to the existence of the strata corporation, registered an Air Space Parcel Agreement ("ASP Agreement") of which part consisted of an ease...

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Mary Brunton, Reed Pope Law Corporation on STRATA PROPERTY ACT

Scott v. College of Massage Therapists of British Columbia, 2016 BCCA 180: Section 35 of the Health Professions Act permits an inquiry committee to impose limits or conditions on the practice of the designated health profession by the registrant or suspend the registration of ...

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Guy Brown, Harper Grey LLP on HEALTH PROFESSIONS ACT

Family status discrimination in relation to parental or family obligations: In Health Sciences Assoc. of B.C. v. Campbell River and North Island Transition Society, the BC Court of Appeal said that, in the usual case, "a prima facie case of discrimination is made out when a ch...

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Katherine Hardie, Human Rights Tribunal on HUMAN RIGHTS CODE

The Court of Appeal decision in Robledano v Queano, 2019 BCCA 150 (see the annotation at s. 3(4) for further discussion) considered the indicia of a "marriage-like" relationship in circumstances in which long-term unmarried spouses separated and reconciled shortly thereafter w...

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

In McCulloch v. British Columbia (Human Rights Tribunal), 2019 BCSC 624, the court held that the application of s. 10(b)requires a contextual analysis to determine if the alleged discriminatory conduct has a sufficient nexus with the tenancy context. Relevant factors may inclu...

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Katherine Hardie, Human Rights Tribunal on HUMAN RIGHTS CODE

It is not clear if the limitation period on distributing the estate applies when no application has been made, or will ever be made, for a representation grant.

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Emma McArthur, Farris, Vaughan, Wills & Murphy LLP on WILLS, ESTATES AND SUCCESSION ACT

After resigning as director and despite aggressive attempts bordering on extortion, the petitioner was unsuccessful in getting the company's principal and majority shareholder to purchaser the petitioner's minority share interest. The court dismissed the petitioner's oppressio...

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Debby Cumberford, Deborah M. Cumberford on BUSINESS CORPORATIONS ACT

In Gehring v. Chevron, 2006 BCSC 1639, the BC Supreme Court found that the definition of person causes directors and officers (and employees and agents) of a person to automatically constitute responsible persons where the corporate person is a 'responsible person'. For the pu...

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Richard Bereti, Harper Grey LLP on ENVIRONMENTAL MANAGEMENT ACT

A pecuniary interest, whether direct or indirect, cannot be inferred from the mere existence of a family relationship. In Fairbrass v. Hansma, 2010 BCCA 319, the court refused to find an indirect pecuniary interest on the part of the mayor in a vote on a rezoning bylaw. The ma...

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Michael Hargraves, Stewart McDannold Stuart on COMMUNITY CHARTER

The opening language of s. 43.3(1)(g) expressly confines any right to public consultation to the terms of the particular community forest agreement at issue. It does not confer any independent right to public consultation. Section 43.3(1)(g) simply confirms that the tenure hol...

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Mark Oulton, Hunter Litigation Chambers on FOREST ACT

Effective August 1, 2017, the prescribed special projects will be specified in Section 9 of the Petroleum and Natural Gas General Regulation.

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Paul Wilson, Fasken Martineau on PETROLEUM AND NATURAL GAS ACT

A pecuniary interest, whether direct or indirect, cannot be inferred from the mere existence of a family relationship. In Fairbrass v. Hansma, 2010 BCCA 319, the court refused to find an indirect pecuniary interest on the part of the mayor in a vote on a rezoning bylaw. The ma...

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Michael Hargraves, Stewart McDannold Stuart on COMMUNITY CHARTER

In a judicial review of a decision of the Environmental Appeal Board, the BC Court of Appeal interpreted the provisions of the Partnership Act pertaining to limited partnerships.

The Court of Appeal concluded that:

1. a limited partnership is not a legal entity;

2. a limi...

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Melanie Harmer, McMillan LLP on PARTNERSHIP ACT

Section 79 of the Freedom of Information and Protection of Privacy Act (”FIPPA”) provides that, if a FIPPA provision is inconsistent or in conflict with a provision in another statute, the FIPPA provision prevails unless the other statute expressly provides that if applies...

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Eileen Vanderburgh, AHBL Management Limited Partnership on FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

In March 2019 the Ombudsperson's Office released “Special Report No. 42, Committed to Change: Protecting the Rights of Involuntary Patients under the Mental Health Act”, which details the results of an evaluation of designated facilities’ compliance with completing 6 Men...

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Laura Johnston, Community Legal Assistance Society on MENTAL HEALTH REGULATION 233/99

Effective August 1, 2017, the prescribed special projects will be specified in Section 9 of the Petroleum and Natural Gas General Regulation.

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Paul Wilson, Fasken Martineau on PETROLEUM AND NATURAL GAS ACT

Before this section was amended effective July 1, 2019, only those persons to whom documents have been or are to be delivered under Rule 25-2(2) could file a notice of dispute, which meant that in some cases a person with a legitimate interest in disputing a will did not have ...

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Stanley Rule, Sabey Rule LLP on SUPREME COURT CIVIL RULES (B.C. Reg. 168/2009)

The College of Physicians and Surgeons of British Columbia v. The Health Professions Review Board, 2018 BCSC 2021: The BCSC granted the College of Physicians and Surgeons leave for judicial review of a decision of the Health Professions Review Board. The Review Board’s decis...

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Kimberly Jakeman, Harper Grey LLP on HEALTH PROFESSIONS ACT

In Forest Practices Board v. Government of British Columbia (M.G. Logging and Sons Ltd., Third Party) (unreported, February 10, 2017, Forest Appeals Commission (Andison, Chair), Appeal No. 2016-FRP-0001(a)), the Forest Appeals Commission concluded that consideration of previou...

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Jeff Waatainen, DLA Piper LLP on WILDFIRE ACT

The term “production capacity” for a mine refers to the proponent’s intended production capacity rather than a theoretical maximum production for the purposes of a “reviewable project” classification.

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Robin Longe, Norton Rose Fulbright LLP on REVIEWABLE PROJECTS REGULATION 370/2002

The words of ss. 228, 229 and 239 of the Act, read in their grammatical and ordinary sense and harmoniously with the statutory scheme, the object of the Act, and the intention of the legislature, indicate that a “sponsor” required to register is an individual or organizati...

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Rachel Roy, ALLEVATO QUAIL & Roy LLP on ELECTION ACT

Assam Co. India Ltd. v. Canoro Resources Ltd., 2014 BCSC 370 at para. 42

Principles under this provision include that:

1. Broad deference and respect is to be accorded to international arbitration tribunals;

2. This Court is generally not empowered to scrutinize the arb...

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Joe McArthur, BLAKE, CASSELS & GRAYDON LLP on INTERNATIONAL COMMERCIAL ARBITRATION ACT

Decisions of the Chief Inspector are to be reviewed on a standard of reasonableness.

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Robin Longe, Norton Rose Fulbright LLP on MINES ACT

As with the definition of Employee, the definition of Employer will be accorded a liberal interpretation. The use of the word “includes” rather than “means” in its definition in the Employment Standards Act demonstrates that the Legislature has intentionally left this ...

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Daniel Sorensen, Sorensen Smith LLP on EMPLOYMENT STANDARDS ACT

An entitlement to make oral representations to the municipal council on one's development variance permit application cannot be inferred from the notice requirement in s. 499(1), though one may infer an entitlement for owners and occupiers of adjoining lands to make representa...

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Bill Buholzer, Young Anderson on LOCAL GOVERNMENT ACT

The words of ss. 228, 229 and 239 of the Act, read in their grammatical and ordinary sense and harmoniously with the statutory scheme, the object of the Act, and the intention of the legislature, indicate that a “sponsor” required to register is an individual or organizati...

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Rachel Roy, ALLEVATO QUAIL & Roy LLP on ELECTION ACT

This section should be taken at face value, which means that the 30-day period is unique to each member receiving a LITB. For example, if an administrator gets a "bounce back" and have to send out the statement again, the 30-day period does not start till the member actually g...

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Murray Campbell, Lawson Lundell LLP on PENSION BENEFITS STANDARDS REGULATION 71/2015

In Gehring v. Chevron, 2006 BCSC 1639, the BC Supreme Court found that the definition of person causes directors and officers (and employees and agents) of a person to automatically constitute responsible persons where the corporate person is a 'responsible person'. For the pu...

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Richard Bereti, Harper Grey LLP on ENVIRONMENTAL MANAGEMENT ACT

Ms. Podwinski challenged the validity of a bylaw claiming it was a breach of section 116 of the Act. Under section 116 only certain arrears, particularly in this case, arrears of "strata fees", entitle the strata corporation to register a lien under the Act.

Section 116 ex...

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Mary Brunton, Reed Pope Law Corporation on STRATA PROPERTY ACT

As with the definition of Employee, the definition of Employer will be accorded a liberal interpretation. The use of the word “includes” rather than “means” in its definition in the Employment Standards Act demonstrates that the Legislature has intentionally left this ...

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Daniel Sorensen, Sorensen Smith LLP on EMPLOYMENT STANDARDS ACT

“Occupational association” is defined in s. 1 of the Code to mean “an organization, other than a trade union or employers’ organization, in which membership is a prerequisite to carrying on a trade, occupation or profession”.

The Human Rights Tribunal has found the...

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Devyn Cousineau, Human Rights Tribunal on HUMAN RIGHTS CODE

The appointment of a committee will terminate an existing power of attorney or representation agreement, but the court can provide that a representation agreement can continue to be effective. For an example where a court allowed a representation agreement to continue, see Li...

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Philippa Estall, Public Guardian And Trustee of British Columbia on PATIENTS PROPERTY ACT

A right of first refusal can create an interest in land. See: Alim Holdings Ltd. v. Tom Howe Holdings Ltd., 2016 BCCA 84, para. 38.

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Peter Roberts, Lawson Lundell LLP on PROPERTY LAW ACT

In obiter, the Court of Appeal explained the point of s. 21 as: "there will be situations in which a mortgage remains on title after a transfer. The section implies terms into transfer agreements in an attempt to impose commercially sensible results where the parties have not ...

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Peter Roberts, Lawson Lundell LLP on PROPERTY LAW ACT

This is a very useful provision for treaty First Nations, because it confirms that these types of dedications do not operate to convey title to the Crown - title to the dedicated land remains vested in the First Nation.

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John Doolan, Miller Thomson LLP on LAND TITLE ACT

Scott v. College of Massage Therapists of British Columbia, 2016 BCCA 180: Section 35 of the Health Professions Act permits an inquiry committee to impose limits or conditions on the practice of the designated health profession by the registrant or suspend the registration of ...

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Guy Brown, Harper Grey LLP on HEALTH PROFESSIONS ACT

Temporary layoffs are considered in the May 2018 issue of The Advocate. See Bhalloo, S. and Holbrook, H., "Temporary Layoff: A Comparitive Review of the Law in British Columbia and Alberta" (2018) 76 Advocate 361-377.

See also s. 72(1)(a) of the Employment Standards Act in...

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Michael Bain, Hamilton Howell Bain & Gould on EMPLOYMENT STANDARDS ACT

McMillan v. McMillan, 2015 BCSC 2177

Appeals from an arbitration in respect of a family law dispute on questions of mixed fact and law are to be reviewed on a reasonableness standard. As the Family Law Act requires family law arbitrators to meet specific requirements and have ...

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Laura Cundari, BLAKE, CASSELS & GRAYDON LLP on ARBITRATION ACT

This section was applied by the court in the case of Al-Sabah Estate, 2015 BCSC 1781. In that case a grant of administration had issued to an administrator who was found to have failed to give proper notice to the beneficiaries and to have failed to advise the court of the he...

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Genevieve Taylor, Legacy Tax & Trust Lawyers LLP on WILLS, ESTATES AND SUCCESSION ACT

This section was applied by the court in the case of Al-Sabah Estate, 2015 BCSC 1781. In that case a grant of administration had issued to an administrator who was found to have failed to give proper notice to the beneficiaries and to have failed to advise the court of the he...

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Genevieve Taylor, Legacy Tax & Trust Lawyers LLP on WILLS, ESTATES AND SUCCESSION ACT

Conmac Enterprises Ltd. v. 0928818 B.C. Ltd., 2018 BCSC 360, paras. 74-78

A party’s reasonable expectation that an arbitrator will issue a reasoned award is not sufficient to satisfy the notice requirement in s. 33(3).

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Laura Cundari, BLAKE, CASSELS & GRAYDON LLP on ARBITRATION ACT

When an 'expert' is issued a subpoena to testify to facts as opposed to opinion evidence they are entitled to no more conduct money than any other witness of fact.

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Erik Magraken, MacIsaac & Company on SUPREME COURT CIVIL RULES (B.C. Reg. 168/2009)

It is not clear if the limitation period on distributing the estate applies when no application has been made, or will ever be made, for a representation grant.

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Emma McArthur, Farris, Vaughan, Wills & Murphy LLP on WILLS, ESTATES AND SUCCESSION ACT

Wong v. Lok’s Martial Arts Centre Inc. [2009 BCSC 1385]: A child’s parent cannot effectively execute a pre-tort release on behalf of a minor.

Per Willcock, J.:

[60] I am of the opinion, however, reading the Infants Act [RSBC 1996] C. 223 as a whole that the legislature i...

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Jeff Young, Altman & Company on INFANTS ACT

College of Physicians and Surgeons of British Columbia v British Columbia (Information and Privacy Commissioner), 2019 BCSC 354: The College of Physicians and Surgeons of British Columbia (the “College”) had established a Quality Assurance Program (“QAP”) pursuant to s...

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Kimberly Jakeman, Harper Grey LLP on HEALTH PROFESSIONS ACT