Quickscribe 2.0

A smarter way to research, interpret and track annotated legislation.

Select your tour option...

less more

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!

less more

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.

less more

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.

less more

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!

less more

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.

less more

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.

less more

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.

less more

Save Time

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

less more

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.

less more

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.

less more

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.

Free Trial

Here's your chance to test drive Quickscribe Online. See for yourself why Quickscribe is now the go-to source for legislation in BC.

What Makes Quickscribe 2.0 Unique?

  • Most Current - by far!

    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.

  • Expert Insight (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.

  • Supplemental Notes

    Supplemental notes provide you with yet another layer of helpful information about each section of law. Supplemental notes can provide insight on the “how” and “why” a section came to be. Notes can also be used to link you to relevant government documents, research papers, reports and news articles that provide additional context about the section you are reading. We believe that the more context you have, the better equipped you will be to truly interpret the intent of the law.

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

In Cambie Surgeries Corporation v. British Columbia (Attorney General), 2022 BCCA 245, the appellant plaintiffs appealed the trial judge’s decision to dismiss arguments that sections 14, 17, 18 and 45 of the BC Medicare Protection Act (the “Act”) are unconsti...

Annotator Image

Kimberly Jakeman KC, Harper Grey LLP on MEDICARE PROTECTION 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...

Annotator Image

Michael Hargraves, Stewart McDannold Stuart on COMMUNITY CHARTER

In the Architectural Institute of BC v. Langford (City) 2020 BCSC 801, the Supreme Court recently applied the standard of review test set out in the Supreme Court of Canada decision in Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65 (“Vavilov”).

T...

Annotator Image

Kathryn Stuart, Stewart McDannold Stuart on BUILDING ACT

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.

Annotator Image

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

Annotator Image

Dan Orsetti, Public Guardian And Trustee of British Columbia on WILLS, ESTATES AND SUCCESSION ACT(2020-04-05)

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...

Annotator Image

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

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.

Annotator Image

Anita Mathur, BC Energy Regulator on OIL AND GAS ACTIVITIES 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 ...

Annotator Image

Margaret Mason, Norton Rose Fulbright LLP on SOCIETIES ACT

A Defendant in a personal injury action, even where serious injuries are plead, does not have an automatic right to plaintiff’s pre-accident medical, clinical or pharmacology records.

Annotator Image

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

Annotator Image

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

In Gill v. Fraser Health Authority, 2022 BCSC 638, Mr. Justice Smith refused to admit as evidence a letter relating a hospital’s internal quality review process in a medical malpractice suit arising out of the death of a three-year old. The Court found that the letter fe...

Annotator Image

Kimberly Jakeman KC, Harper Grey LLP on EVIDENCE ACT

The scope of this subsection must be considered in light of the Court of Appeal's 2023 decision in Cowichan Valley (Regional District) v. Wilson. The Regional District had applied a strict "no development" policy in respect of an identified streamside protection and enhancemen...

Annotator Image

Bill Buholzer, Young Anderson on LOCAL GOVERNMENT ACT

The ministerial power to expand a statutory definition does not necessarily mark the outer boundaries of what could be included by the terms of a statute itself. It is neither unusual nor inconsistent for a minister to be granted less power than the Legislature itself chose to...

Annotator Image

Robin Longe, Dentons LLP on MINERAL TENURE ACT

Gisborne v. Qathet (Regional District), 2022 BCSC 155. This decision considers section 101(2)(d) of the Community Charter.  This subsection prohibits a council member who has a conflict of interest with respect to a matter, from attempting in any way, to influen...

Annotator Image

Ryan Bortolin, Stewart McDannold Stuart on COMMUNITY CHARTER

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...

Annotator Image

Michael Pasta, Quickscribe Services Ltd. on MOTOR VEHICLE ACT REGULATIONS 26/58(2022-04-30)

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...

Annotator Image

Debby Cumberford, Deborah M. Cumberford on BUSINESS CORPORATIONS ACT

Sexual harassment: In Ms. K v. Deep Creek Store and another, 2021 BCHRT 158, the Tribunal considered a complaint of sexual harassment in light of the usual test for discrimination, as set out in Moore v. British Columbia, 2012 SCC 61, informed by the Supreme Court of Cana...

Annotator Image

Katherine Hardie, Human Rights Tribunal on HUMAN RIGHTS CODE

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 ...

Annotator Image

Guy Brown, Harper Grey LLP on HEALTH PROFESSIONS ACT(2016-11-27)

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. 

Annotator Image

Stanley Rule, Sabey Rule 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...

Annotator Image

Jeff Young, Altman & Company on INFANTS ACT

In King Day Holdings ltd. v. The Owners, Strata Plan LMS3851, 2020 BCCA 342, the strata corporation complied in all respects with the provisions of the Strata Property Act in the allocation of certain common expenses. Even so, the plaintiff claimed under section 164 of the Str...

Annotator Image

Mary Brunton, Reed Pope Law Corporation on STRATA PROPERTY ACT

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. 

Annotator Image

Stanley Rule, Sabey Rule LLP on WILLS, ESTATES AND SUCCESSION ACT(2022-11-02)

Section 6.31(3)(a) grants the chief gold commissioner the power to register notice of his or her order. It does not impose any requirement on him to do so, and deals with notice of an order, not the order itself.

Annotator Image

Robin Longe, Dentons LLP on MINERAL TENURE ACT

Stratton v. Richter, 2022 BCCA 337 concerned a dispute between the owners of neighbouring strata units. Ms. Richter, the owner of one unit had, for some time, been able to cross a deck that was the limited common property of another unit to access an exterior stairwell and exi...

Annotator Image

OnPoint Legal Research, Onpoint Legal Research Law Corporation on STRATA PROPERTY ACT

Sections 12 and 14 of the previous Consultation and Notification Regulation outlined the times within which any responses to notification and consultation must be received, noted in this section as the time after which obligations terminate.

Annotator Image

Anita Mathur, Anita Mathur on REQUIREMENTS FOR CONSULTATION AND NOTIFICATION REGULATION 50/2021

In JVD Installations Inc. v. Skookum Creek Power Partnership, 2022 BCCA 81, the BC Court of Appeal considered a secondary issue of whether a builders lien is limited by the value of the equity in the liened property. In this case, the appellant owners had given security under ...

Annotator Image

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

Annotator Image

Peter Roberts, Lawson Lundell LLP on PROPERTY LAW ACT

Debris pile burning is part of "timber harvesting" and "silviculture treatments" within the meaning of this section. Accordingly, where a wildfire results from debris pile burning (e.g. from a holdover fire following a burn program or where the fire escapes) and the other requ...

Annotator Image

Mark Oulton, NATHANSON, SCHACHTER & THOMPSON LLP on WILDFIRE REGULATION 38/2005

Section 657(1) creates a redemption period and obliges a local government to give written notice of the sale and the expiry date of the redemption period to the registered owner of a property sold at a tax sale. The written notice must be sent no later than three months after ...

Annotator Image

Pam Jefcoat, Civic Legal LLP on LOCAL GOVERNMENT ACT

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.

Annotator Image

Emma McArthur, Farris, Vaughan, Wills & Murphy LLP on WILLS, ESTATES AND SUCCESSION ACT(2016-05-03)

“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...

Annotator Image

Devyn Cousineau, Human Rights Tribunal on HUMAN RIGHTS CODE

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.

...

Annotator Image

Teresa Tomchak, Farris, Vaughan, Wills & Murphy LLP on SECURITIES 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...

Annotator Image

Eileen Vanderburgh, Alexander Holburn Beaudin + Lang LLP on FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT(2019-05-31)

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...

Annotator Image

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

Annotator Image

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.

Annotator Image

Anita Mathur, BC Energy Regulator on OIL AND GAS ACTIVITIES ACT(2019-12-31)

Stratton v. Richter, 2022 BCCA 337 concerned a dispute between the owners of neighbouring strata units. Ms. Richter, the owner of one unit had, for some time, been able to cross a deck that was the limited common property of another unit to access an exterior stairwell and exi...

Annotator Image

OnPoint Legal Research, Onpoint Legal Research Law Corporation on STRATA PROPERTY ACT

In Conklin v. University of British Columbia, 2022 BCCA 333, the BC Court of Appeal said that,

to survive scrutiny under s. 27(1)(c), a complaint need not include direct evidence of discrimination. Inferences that could reasonably arise from the record may be sufficient. Thos...

Annotator Image

Katherine Hardie, Human Rights Tribunal on HUMAN RIGHTS CODE

The Act only contemplates the singular arbitration of disputes arising under an individual contract, with the exception of disputes falling within the ambit of s. 21. Section 21 indicates the legislature was alive to the specific issue of multi-party, multi-contract arbitrati...

Annotator Image

Laura Cundari, BLAKE, CASSELS & GRAYDON LLP on

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...

Annotator Image

Murray Campbell, Lawson Lundell LLP on PENSION BENEFITS STANDARDS REGULATION 71/2015(2022-12-30)

Gill v. Fraser Health Authority, 2022 BCSC 1553

 

Plaintiff brought civil action against hospital for Charter damages in relation to death of infant patient. The court held a civil action against hospital for Charter damages requires more than proof of a breach of ...

Annotator Image

Joel Morris, Harper Grey LLP on HOSPITAL ACT(2023-03-08)

 

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...

Annotator Image

Debby Cumberford, Deborah M. Cumberford on BUSINESS CORPORATIONS 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 ...

Annotator Image

Guy Brown, Harper Grey LLP on HEALTH PROFESSIONS ACT

Bill 5 – 2022: Workers Compensation Amendment Act, 2022, proposes new protections to help keep workers safe from the danger of asbestos.

 

The proposed amendments include the establishment of requirements that asbestos abatement contractors must be licensed to ope...

Annotator Image

Nancy Harwood, The Harwood Safety Group on [2022 Chapter 03 (Bill 05)] Workers Compensation Amendment Act, 2022

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 ...

Annotator Image

Laura Johnston, Health Justice on MENTAL HEALTH ACT(2023-01-31)

See the annotation for s. 491(1)(a) which confers essentially the same type of authority. In the context of hazard lands it would seem particularly important to be able to specify areas of land that must remain entirely free of development, provided that the development permit...

Annotator Image

Bill Buholzer, Young Anderson on LOCAL GOVERNMENT 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.

&...

Annotator Image

Teresa Tomchak, Farris, Vaughan, Wills & Murphy LLP on NATIONAL INSTRUMENT 62-104 TAKE-OVER BIDS AND ISSUER BIDS (B.C. Reg. 21/2008)

A Defendant in a personal injury action, even where serious injuries are plead, does not have an automatic right to plaintiff’s pre-accident medical, clinical or pharmacology records.

Annotator Image

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

Section 463 empowers a municipality to direct that a building permit be withheld for a 30-day period where it identifies a conflict between a proposed development and an OCP or a zoning bylaw under preparation, where preparation of the bylaw begins at least 7 days before the...

Annotator Image

Don Lidstone, Lidstone & Company Law Corporation LLP on LOCAL GOVERNMENT ACT(2021-01-31)

The Act only contemplates the singular arbitration of disputes arising under an individual contract, with the exception of disputes falling within the ambit of s. 21. Section 21 indicates the legislature was alive to the specific issue of multi-party, multi-contract arbitrati...

Annotator Image

Laura Cundari, BLAKE, CASSELS & GRAYDON LLP on

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...

Annotator Image

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

The purpose of the limitation period in s. 75 is to ensure the timely determination of contraventions.  This means that the words "first came to the knowledge" in s. 75(1) should start at the earliest point in the process when the facts leading to the determination are kn...

Annotator Image

Mark Oulton, NATHANSON, SCHACHTER & THOMPSON LLP on FOREST AND RANGE PRACTICES 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...

Annotator Image

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

Annotator Image

Daniel Sorensen, Sorensen Smith LLP on EMPLOYMENT STANDARDS ACT(2023-03-08)

The common law defences of impossibility and due diligence apply in the penal context, but not under the Environmental Management Act.

In Mount Polley Mining Corporation v Environmental Appeal Board, 2022 BCSC 1483, the British Columbia Supreme Court upheld a decision of the ...

Annotator Image

Richard Bereti, Harper Grey LLP on ENVIRONMENTAL MANAGEMENT ACT(2022-11-02)

“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...

Annotator Image

Devyn Cousineau, Human Rights Tribunal on HUMAN RIGHTS CODE

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.

Annotator Image

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

Annotator Image

Melanie Harmer, McMillan LLP on CIVIL RESOLUTION TRIBUNAL 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.

Annotator Image

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

Annotator Image

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

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...

Annotator Image

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

Gill v. Fraser Health Authority, 2022 BCSC 1553

 

Plaintiff brought civil action against hospital for Charter damages in relation to death of infant patient. The court held a civil action against hospital for Charter damages requires more than proof of a breach of ...

Annotator Image

Joel Morris, Harper Grey LLP on HOSPITAL ACT(2023-03-08)

Section 657(1) creates a redemption period and obliges a local government to give written notice of the sale and the expiry date of the redemption period to the registered owner of a property sold at a tax sale. The written notice must be sent no later than three months after ...

Annotator Image

Pam Jefcoat, Civic Legal LLP on LOCAL GOVERNMENT ACT(2021-03-24)

There is no express authority under s.85(3) for an approving officer to require a restrictive covenant to demonstrate that a certain public interest will be met after the subdivision is approved. However, the practice of approving officers to require such covenants has been en...

Annotator Image

Don Lidstone, Lidstone & Company Law Corporation LLP on LAND TITLE ACT

section 15 under the previous Consultation and Notification Regulation

Annotator Image

Anita Mathur, Anita Mathur on REQUIREMENTS FOR CONSULTATION AND NOTIFICATION REGULATION 50/2021

The common law defences of impossibility and due diligence apply in the penal context, but not under the Environmental Management Act.

In Mount Polley Mining Corporation v Environmental Appeal Board, 2022 BCSC 1483, the British Columbia Supreme Court upheld a decision of the ...

Annotator Image

Richard Bereti, Harper Grey LLP on ENVIRONMENTAL MANAGEMENT ACT

In the Architectural Institute of BC v. Langford (City) 2020 BCSC 801, the Supreme Court recently applied the standard of review test set out in the Supreme Court of Canada decision in Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65 (“Vavilov”).

T...

Annotator Image

Kathryn Stuart, Stewart McDannold Stuart on

In Michetti v. Veach, 2023 BCSC 43, a village's mayoral incumbent lost the election by 5 votes. The second-place incumbent petitioned the court for a declaration that the election was invalid due to vote-buying and intimidation by the winning mayoral candidate.

The BC Su...

Annotator Image

Rachel Roy, ALLEVATO QUAIL & ROY on LOCAL GOVERNMENT 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 ...

Annotator Image

Daniel Sorensen, Sorensen Smith LLP on EMPLOYMENT STANDARDS ACT(2023-03-08)

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...

Annotator Image

Murray Campbell, Lawson Lundell LLP on PENSION BENEFITS STANDARDS REGULATION 71/2015(2022-12-30)

On March 18, 2020, the Commercial Vehicle Safety Enforcement (CVSE) Branch of the Ministry of Transportation and Infrastructure (MOTI) issued NSC Bulletin #01-2020 to provide clarity regarding B.C.'s Hours of Service Regulations while providing relief during the COVID-19 pande...

Annotator Image

Karen Coverett, CVSE - Victoria (HQ) on MOTOR VEHICLE ACT REGULATIONS 26/58(2020-04-30)

Whether a defense of due diligence is available depends on the reasonableness of the systems relied upon to prevent contraventions, as well as whether reasonable steps were taken to ensure the ‎‎effective operation of the system. The assessment is based upon the informati...

Annotator Image

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

WCAT Decision A2000613

Cancellation of $76,900 penalty and substitution with Warning Letter on fall protection violation.

Factors weighed included financial impact of losing COR rebate, employer’s extensive safety program and misconduct of trained workers.

The case concer...

Annotator Image

Nancy Harwood, The Harwood Safety Group on WORKERS COMPENSATION ACT(2022-02-13)

In The Owners, Strata Plan BCS 435 v. Wong, 2020 BCSC 1972, the B.C. Supreme Court upheld a decision of the Civil Resolution Tribunal (“CRT”) which found that a reasonable person would not consider the Strata’s collection of personal information of overnight visitors app...

Annotator Image

Eileen Vanderburgh, Alexander Holburn Beaudin + Lang LLP on PERSONAL INFORMATION PROTECTION 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...

Annotator Image

Melanie Harmer, McMillan LLP on CIVIL RESOLUTION TRIBUNAL ACT(2021-10-27)

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.

Annotator Image

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

Annotator Image

Peter Roberts, Lawson Lundell LLP on PROPERTY LAW 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...

Annotator Image

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

Annotator Image

Michael Hargraves, Stewart McDannold Stuart on COMMUNITY CHARTER

In Michetti v. Veach, 2023 BCSC 43, a village's mayoral incumbent lost the election by 5 votes. The second-place incumbent petitioned the court for a declaration that the election was invalid due to vote-buying and intimidation by the winning mayoral candidate.

The BC Su...

Annotator Image

Rachel Roy, ALLEVATO QUAIL & ROY on LOCAL GOVERNMENT 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 ...

Annotator Image

Laura Johnston, Health Justice on MENTAL HEALTH ACT

On March 18, 2020, the Commercial Vehicle Safety Enforcement (CVSE) Branch of the Ministry of Transportation and Infrastructure (MOTI) issued NSC Bulletin #01-2020 to provide clarity regarding B.C.'s Hours of Service Regulations while providing relief during the COVID-19 pande...

Annotator Image

Karen Coverett, CVSE - Victoria (HQ) on MOTOR VEHICLE ACT REGULATIONS 26/58

Mere assumptions are insufficient to establish a defense of mistake of fact - the defense requires reasons for a mistaken belief in facts. ‎

Annotator Image

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

In King Day Holdings ltd. v. The Owners, Strata Plan LMS3851, 2020 BCCA 342, the strata corporation complied in all respects with the provisions of the Strata Property Act in the allocation of certain common expenses. Even so, the plaintiff claimed under section 164 of the Str...

Annotator Image

Mary Brunton, Reed Pope Law Corporation on STRATA PROPERTY 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 ...

Annotator Image

Margaret Mason, Norton Rose Fulbright LLP on SOCIETIES 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...

Annotator Image

John-Paul Boyd QC, John-Paul E. Boyd Arbitration Chambers on FAMILY LAW ACT(2021-11-24)

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...

Annotator Image

Jeff Young, Altman & Company on INFANTS ACT(2018-12-02)

North Vancouver (District) v. Wilson,  2022  BCSC 2014.  This decision concerns a resolution requiring an owner to take remedial action to remedy an unsafe condition on their property, pursuant to section 73 of the Community Charter.  The uns...

Annotator Image

Ryan Bortolin, Stewart McDannold Stuart on COMMUNITY CHARTER