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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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.

  • 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.

  • 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 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 ...

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

Manns v. Vancouver Island Health Authority, 2021 BCSC 2418

 

In Manns v. Vancouver Island Health Authority, 2021 BCSC 2418, Mr. Justice Brongers allowed an action for an order striking out the claim and for summary judgment dismissing the claim against the three defenda...

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Kimberly Jakeman, Harper Grey LLP on HEALTH AUTHORITIES 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.

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

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

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

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 ...

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Pam Jefcoat, Civic Legal LLP on LOCAL GOVERNMENT ACT

In Goldsmith v. National Bank of Canada 2016 ONCA 22 the court reviewed the requirements for leave which under section 140.8 require that the court is satisfied that the action is brought in good faith and there is a reasonable possibility that the action will be resolved at t...

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

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

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

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 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...

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Robin Longe, Dentons LLP on MINERAL TENURE ACT

A decision of the board of variance is subject to judicial review on grounds of reasonableness or breach of the duty of procedural fairness. Standing is a threshold issue in such applications. A society incorporated for the sole purpose of opposing a variance application is a ...

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Bill Buholzer, Young Anderson on LOCAL GOVERNMENT 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(2021-11-24)

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...

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Nancy Harwood, The Harwood Safety Group on WORKERS COMPENSATION 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(2022-04-30)

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(2019-12-31)

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(2018-12-02)

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

Beaudoin v British Columbia, 2021 BCSC 248: the petitioners sought to have a Ministerial Order and certain other orders made by the respondent Dr. Henry declared of no force and effect as unjustifiable infringements of their Charter rights. The orders restricted gatherings and...

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Kimberly Jakeman, Harper Grey LLP on PUBLIC HEALTH ACT

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...

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Laura Cundari, BLAKE, CASSELS & GRAYDON LLP on

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...

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

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.

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Robin Longe, Dentons LLP on MINERAL TENURE ACT

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...

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Laura Cundari, BLAKE, CASSELS & GRAYDON LLP on

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

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Jeff Waatainen, DLA Piper LLP on FOREST AND RANGE PRACTICES 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

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(2022-03-30)

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

The Supreme Court of BC maintains equitable jurisdiction to order the rectification of documents including the rectification of errors on a registered strata plan. In Entwistle v. The Owners, Strata Plan EPS3242, 2019 BCSC 1311, a court order directed the Registrar of Land T...

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Mary Brunton, Reed Pope Law Corporation on STRATA PROPERTY 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

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...

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

Section 20 of the Forest Act establishes the authority of the Timber Sale Manager to invite applications for a Timber Sale Licence ("TSL"). The Act does not fetter the Timber Sale Manager's discretion in that regard. There are no prescribed statutory pre-condition to invitin...

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Mark Oulton, Hunter Litigation Chambers on FOREST ACT(2021-11-24)

The purpose of compensation under s. 37(2)(d)(ii) is to restore a complainant, to the extent possible, to the position they would have been in had the discrimination not occurred. The burden of establishing an entitlement to compensation is on the complainant. The complainant ...

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Katherine Hardie, Human Rights Tribunal on HUMAN RIGHTS CODE

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...

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Kathryn Stuart, Stewart McDannold Stuart on ARCHITECTS 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

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

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

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(2021-12-12)

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.

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

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(2021-12-12)

Johnson v. British Columbia (Attorney General), 2022 BCCA 82

In Johnson v. British Columbia (Attorney General), 2022 BCCA 82, the appellants claimed damages for sexual assault and sexual abuse allegedly committed by a corrections officer employed by the Province for 21 years....

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OnPoint Legal Research, Onpoint Legal Research Law Corporation on SUPREME COURT CIVIL RULES (B.C. Reg. 168/2009)

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

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

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...

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

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

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

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 ...

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Pam Jefcoat, Civic Legal LLP on LOCAL GOVERNMENT ACT(2022-06-12)

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

Due to the COVID-19 pandemic, the CEO has amended this provision using his Section 17 emergency powers. The traditional mobile polls used in previous elections will be limited in scope fore the foreseeable future until federal, provincial/territorial and local public health au...

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Rachel Roy, ALLEVATO QUAIL & ROY on CANADA ELECTIONS ACT [FEDERAL]

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(2021-10-27)

Section 35 does not provide the court with jurisdiction to order specific performance of existing easement rights. The remedy of specific performance "must be pursued by a traditional civil action" (para. 42).

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Peter Roberts, Lawson Lundell LLP on PROPERTY LAW 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

Drennan v. Smith, 2022 BCCA 86

This case involved an incident during which the respondent, Darcy Smith, allegedly entered onto the property of the appellant, Tyler Drennan, without permission and cut down 23 trees. The respondent’s position was that the parties had reac...

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OnPoint Legal Research, Onpoint Legal Research Law Corporation on SUPREME COURT CIVIL RULES (B.C. Reg. 168/2009)

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

A decision of the board of variance is subject to judicial review on grounds of reasonableness or breach of the duty of procedural fairness. Standing is a threshold issue in such applications. A society incorporated for the sole purpose of opposing a variance application is a ...

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Bill Buholzer, Young Anderson on LOCAL GOVERNMENT ACT

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...

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

Due to the significant lack of experienced election officials willing to work during a pandemic election, the Chief Electoral Officer used his Section 17 to add subsection 289(1.1). This order permits election officials other than those who administered advance voting (and who...

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Rachel Roy, ALLEVATO QUAIL & ROY on CANADA ELECTIONS ACT [FEDERAL]

A company’s articles constitute a contract between the company and its shareholders and the principles of contractual interpretation apply. In this case, the articles of RCI, a telecommunications company founded in 1987 by TR, stipulated that words in the articles were t...

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Debby Cumberford, Deborah M. Cumberford on BUSINESS CORPORATIONS 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

The Tribunal’s discretion under s. 37(2)(d)(ii) permits it to consider the issue of mitigation; the exercise of discretion is reviewable on the patent unreasonableness standard: J.J. v. School District 43 (Coquitlam), 2013 BCCA 67 at paras. 34-44.

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Katherine Hardie, Human Rights Tribunal on HUMAN RIGHTS CODE

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

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(2016-11-27)

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...

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

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

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.

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

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

Section 20 of the Forest Act establishes the authority of the Timber Sale Manager to invite applications for a Timber Sale Licence ("TSL"). The Act does not fetter the Timber Sale Manager's discretion in that regard. There are no prescribed statutory pre-condition to invitin...

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Mark Oulton, Hunter Litigation Chambers on FOREST ACT(2021-11-24)

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

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.

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

Section 47(8) empowers a court to determine whether a site is or was a contaminated site in the absence of an administrative determination or consideration under s. 44 of the EMA. However, it is a precondition of the court’s exercise of jurisdiction that an “independent re...

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Richard Bereti, Harper Grey LLP on ENVIRONMENTAL MANAGEMENT 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(2020-04-05)

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

section 15 under the previous Consultation and Notification Regulation

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

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...

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

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Kathryn Stuart, Stewart McDannold Stuart on BUILDING 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

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...

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Mary Brunton, Reed Pope Law Corporation on STRATA PROPERTY ACT

A director’s fiduciary duty is owed to the corporation alone, not its shareholders, creditors, or any other stakeholders. The duty does not change when a corporation is in the nebulous "vicinity of insolvency" or under any other circumstances.  A shareholder may cla...

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Debby Cumberford, Deborah M. Cumberford on BUSINESS CORPORATIONS 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

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 role of the review panel is to look afresh at all the criteria for involuntary admission and detention established in s. 22(3) and analyze whether or not they continue at the time of hearing. In Tizvar v. British Columbia (Mental Health Review Board), 2021 BCSC 1680, the C...

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Laura Johnston, Health Justice on MENTAL HEALTH 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(2016-08-31)

In Goldsmith v. National Bank of Canada 2016 ONCA 22 the court reviewed the requirements for leave which under section 140.8 require that the court is satisfied that the action is brought in good faith and there is a reasonable possibility that the action will be resolved at t...

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Teresa Tomchak, Farris, Vaughan, Wills & Murphy LLP on SECURITIES 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(2022-03-30)

Although section 47(8) empowers a court to determine whether a site is or was a contaminated site in the absence of an administrative determination or consideration under s. 44 of the EMA, it is a precondition of the court’s exercise of jurisdiction that an “independent re...

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Richard Bereti, Harper Grey LLP on ENVIRONMENTAL MANAGEMENT ACT