Energy and Mines News:

BC Hydro Submits Mass of Information on Environmental Impact of Site C Dam
BC Hydro says its proposed $7.9-billion Site C hydroelectric dam in northeastern British Columbia will flood agricultural land and force some landowners off their property, but overall, the project should proceed because it's in the best interests of the province. The Crown-owned public utility submitted its environmental impact statement Monday to federal and provincial review bodies that must now conduct a joint environmental review process that includes public hearings and will be followed by a decision on the future of the project, likely sometime next year. The massive, 5-volume, 40-section submission to the federal Canadian Environmental Assessment Agency and the provincial British Columbia Environmental Assessment Office is the result of 5 years of studying the potential effects of the dam and proposed measures to avoid or mitigate the impacts. View CTV article.

Province and Ktunaxa Reach Agreement to Share Mine Revenue
A new revenue-sharing agreement ensures 4 Ktunaxa Nation communities benefit from resource development within their traditional territory. The agreement is the fourth Economic and Community Development Agreement (ECDA) in the province and fulfils the BC government’s commitment to reach 10 new non-treaty agreements under the BC Jobs Plan by 2015. The Economic and Community Development Agreement (ECDA) will enable the Ktunaxa Nation, comprised of the 4 communities of St. Mary’s, Tobacco Plains, Lower Kootenay and Akisq’nuk First Nation, to share revenues from new coal mine projects in the Elk Valley. The agreement also links to the Strategic Engagement Agreement between BC and Ktunaxa Nation, which provides for a decision-making and project-review process to ensure the Ktunaxa Nation continues to be involved in decision-making about new mine projects. As well, the agreement replaces the Ktunaxa Nation Council’s existing Forest Revenue Sharing Agreement. View government news release.

Family, Wills & Estates News:

Court Finds ICBC Settlement “Not a Family Asset” in Divorce Proceedings
While there is no "one size fits all" answer to the question of whether a personal injury settlement is a family asset in divorce proceedings, reasons for judgment were released this week by the BC Supreme Court, Vancouver Registry, highlighting circumstances where it is not. In this week’s case (Shen v. Tong) the parties "lived in a marriage-like relationship" since 2004 and were married in 2008. In 2004, the Respondent was injured in a collision and she subsequently settled her ICBC claim in 2006. The funds were invested and still available at the time of the divorce and the claimant sought an order declaring this money as a family asset. View the full article published by Erik Magraken on the BC Injury Law Blog.

Seeking Legal Declaration of Death for a Missing Person
The disappearance of a loved one or endearing friend is undoubtedly one of the most tragic and painful events that one can experience. When it appears very unlikely that a missing person will be found, it may become necessary to obtain a legal declaration of death for the person in order to distribute the estate of the person. The Survivorship and Presumption of Death Act (the “Act”) is a British Columbia statute that governs the application for a legal declaration of death of a missing person. Under the Act, an “interested person” may make an application pursuant to the Act. An interested person can be any person who is or would be affected by an order declaring that an individual is dead. For example, an interested person can be the missing person’s next of kin, a beneficiary of the person’s life insurance, or even a creditor of the missing person. View the full article published by Lauren Liang with Clark Wilson LLP.

Forestry Service Providers Protection Act, SBC 2010, c. 16
Sections of the Forestry Service Providers Protection Act were recently brought into force by BC Regulation 3/2013. These changes deal with the types of payments made to and from the Forestry Service Providers Compensation Fund, as well as the process involved in application for compensation from the fund.

The Bigger Picture [Re: Woodlot Licences]
The following article was published by Brian McNaughton in the Woodlot Almanac – a Federation of British Columbia Woodlot Associations.
It’s not hard to get overly focused on day-to-day issues. Topics such as private land withdrawal, 1 CP, RESULTS submissions, questions about how higher level plans relate to Woodlot Licence Plans, waste assessments, the Natural Resource Road Act, use of qualified persons, mid-term timber supply, Open Burning Smoke Control Regulation, safety, etc. take priority; and rightfully so. But every once in a while it doesn’t hurt to be reminded about what’s going on in the bigger picture. Such was the case at the November 2012 Forest and Range Practices Advisory Committee (PAC) meeting when the agenda included such topics as the FRPA Oversight Project, Compliance & Enforcement Act, the Integrated Decision Making Act and Environmental Mitigation. View full article.

Eyes Wide Open: Cost Recovery Action when Plaintiff Purchases
a Contaminated Site with Knowledge of Contamination
First Capital Realty Inc. v. Imperial Oil Limited - Case Comment
The issue of fair allocation between a plaintiff and a defendant of the costs incurred by the plaintiff in remediating a contaminated site was recently considered by our Supreme Court in First Capital Realty Inc. v. Imperial Oil Limited. The June 2012 decision (as yet unreported) is of importance to those contemplating or already involved in a cost recovery action and to those in the business of purchasing and selling contaminated sites in British Columbia. The facts of the case were as follows: The defendant, Imperial Oil Limited, and its predecessor companies owned a commercial property in Nanaimo, BC from about 1958 until about 1993. The defendant sold the property in 1993 to a third party, a numbered company. In August 2007, the plaintiff, First Capital Realty Inc., purchased the property from the numbered company. View the full article published by Una Radoja with Harper Grey LLP.

Premier Announces Measures to Support and Protect Logging Contractors
Premier Christy Clark [recently] set in motion a $5-million fund to provide financial protection for forestry contractors, as well as announcing tax relief on previous compensation payments. “Our promise to logging contractors was to guarantee they receive payment for work performed, and to ensure fair tax treatment on earlier compensation,” said Premier Clark. “Today we’re honouring those commitments.” The compensation fund will strengthen payment protection for those who contract their services to forest sector companies. Logging contractors who provide services to licensees, but are not paid because of licensee insolvency, can now access this compensation fund to better protect their financial interests. The Forestry Service Providers Compensation Fund was initially established in the spring of 2012, under the Forestry Service Providers Protection Act (FSPPA). Since the fund’s inception, the Province and industry have now reached an agreement around the fund’s parameters, permitting logging contractors to be compensated if they incur a financial loss resulting from the insolvency of a licensee. The fund is administered arm’s length from government. “We’re grateful that BC loggers now have some level of protection similar to contractors in the building industry,” said Dwight Yochim, TLA executive director. “We look forward to working with the provincial government to finalize the financing of the fund so our members can be protected into the future.” Click here to read the government news release.

BC Safety Authority Releases Recommendations Following
Investigation into Babine Forest Products Explosion and Fire
BC Safety Authority (BCSA) [recently] released a recommendations report on its investigation into the explosion and fire at Babine Forest Products near Burns Lake BC. This tragic incident occurred January 20, 2012, killing 2 workers in the mill and injuring 20 more. The sawmill facility itself was destroyed by the explosion and fire. The recommendations report intends to improve safety in the wood processing industry. The full investigation report is not being released at this time to avoid compromising Crown Counsel’s review of a referral from WorkSafeBC. According to BC Safety Authority President and CEO, Catherine Roome, “we have chosen this approach because it balances our respect for that process with our responsibility for promoting safety.” View full article published by the BCSA.

Further Details Released in Data Access Investigation
Health Minister Margaret MacDiarmid provided an update [January 14th] on the ministry's data investigation that has confirmed a number of instances where personal health data was accessed for research purposes without authorization. The minister announced 3 specific instances where personal health data was inappropriately accessed, saved on portable storage devices (USB sticks) and shared with researchers and/or contractors without required permissions and protocols being followed. The ministry has taken measures to mitigate risks associated with the incidents, as well as steps to review and enhance its data security procedures. None of the information accessed included personal names, social insurance numbers (SIN), or any financial information about individuals. View government news release.

Private Medical Records Faxed Repeatedly to
Houston, BC Autobody Shop, Owner Says
John VanVeldhuizen says his fax number is similar to
local clinic’s, where the faxes are supposed to go
The owner of a Houston, BC autobody shop says his business has received about 8 medical faxes over the last 3 years containing detailed patient information intended for the local health clinic. John VanVeldhuizen, owner of ARP Collision, said he received the latest fax Tuesday morning on a Workers’ Compensation claimant, and that he keeps getting them because his fax number is very similar to that of the Houston Health Centre. VanVeldhuizen said he always destroys the faxes, which are sent by various practitioners, clinics and hospitals and contain explicit, detailed documents with patients’ names, conditions and medical status. He said he has contacted both the clinic and the Northern Health Authority in Prince George and that they apologized and promised it wouldn’t happen again, but that he’s still receiving the faxes. View Vancouver Sun article.

Miscellaneous News:

BC Privacy Watchdog Launches Charter Challenge
of Election Advertising Law
A privacy watchdog group in BC says it has accepted the challenge after provincial officials dared it to fight a section of the BC Election Act in court. Vincent Gogolek, Executive Director of the BC Freedom of Information and Privacy Association, says a notice of civil claim has been filed as the group launches a charter challenge. Gogolek says section 228 of the Election Act is too broad and could apply equally to a deep-pocketed campaign donor or someone who posts a handwritten sign in the window of their home. The section requires individuals and groups to register with Elections BC before doing any advertising on behalf of a candidate or party – even if that advertising doesn't cost a cent. Read full Vancouver Sun article. 

BC Fine-tuning Drunk-driving Laws
BC Justice Minister Shirley Bond says the government is refining its drunk driving laws amid court challenges from 17 motorists who were forced into costly driver education programs. Ms. Bond says the government is reviewing penalties for 1,200 motorists who were handed immediate roadside prohibitions during a 3-week period in November, 2011, just before the BC Supreme Court struck down part of the law. The Office of the Superintendent of Motor Vehicles is examining the 5-year driving records of each of the 1,200 motorists to determine if their driver education penalties should be waived. View Globe and Mail article.

Field Used as Parking Lot Deemed “Highway” in
ICBC Hit and Run Claim – Motor Vehicle Act
One of the restrictions in bringing a lawsuit against ICBC for damages caused by an unidentified motorist is the incident needs to occur on a “highway“. Reasons for judgement were released this week by the BC Supreme Court, Vernon Registry, addressing the definition of highway in the context of a hit and run claim. In this week’s case (Nadeau v. Okanagan Urban Youth and Cultural Association) the Plaintiff was struck by an unidentified motorist while standing in a field that was used as a parking area for an outdoor concert. The Plaintiff sued ICBC for damages. The Court ultimately decided that given the use of the private property at the time it was a highway and the unidentified motorist claim could proceed. View the full article published by Erik Magraken on the BC Injury Law Blog.

Real Estate and Builders Lien News:

Muddled Legislation Causing Confusion
Leaky new law means anyone could do
a strata depreciation report – Strata Property Act
Iris McEwen and her strata council considered 3 potential bidders before agreeing to pay a qualified engineer $8,000 to devise a future repair and renewal plan for their Sechelt condo development. But 3-year-old provincial legislation mandating that strata owners prepare depreciation reports on their units does not stipulate who must do the work, leaving open the option to choose much cheaper or even unqualified contractors for the task. This in turn raises concerns that both owners and buyers could be put at risk of shoddy workmanship, high maintenance costs, inconsistent reporting, and even lawsuits down the road. Jeremy Bramwell, who holds Real Estate Institute of Canada qualifications to prepare depreciation reports, said the situation has "become kind of like the Wild West." "The law is written that anyone can do it, whoever the council thinks is qualified," he said. "In my mind, it's a danger." He cited one case in which an engineering firm sent a junior employee to prepare such a report. The engineer failed to recognize a failing brick wall, which ended up costing a significant amount to fix, unbeknownst to the new owner. "The buyer thought they were buying something safe," Bramwell said. "This is a very typical case of what can happen when you have someone inexperienced do these sorts of things." Provincial legislation enacted in October 2009 requires all strata of more than four units – townhouse developments and even bare-land developments, as well as condos – to either prepare depreciation reports every 3 years or annually obtain a three-quarters vote of owners to exempt themselves. View full article by Kelly Sinoski with the Vancouver Sun.