Company and Finance News:
BC Finance Minister Optimistic Provinces Will See
Merit in National Securities Regulator
British Columbia Finance Minister Mike de Jong said the prospect
of the federal government attempting to force the creation of a
national financial-market regulator and a prolonged battle with
provinces against it encouraged B.C. and Ontario to sign on to
the framework for a cooperative effort Thursday.
It has been a back-and-forth battle with provinces, including
B.C. initially, which disputed a federal incursion into
provincial jurisdiction over the investment business. The battle
last came to a head in 2011 with a Supreme Court of Canada
decision in a case brought by Alberta that proposed federal
legislation at the time would infringe on provincial rights.
However, with Ottawa continuing to suggest it was willing to
continue pursuing a unilateral option, de Jong said there was
encouragement to seek an alternative. Read the Vancouver Sun
New PST Bulletins
In addition to these bulletins, the following forms have been
The Consumer Taxes website has issued a number of recent
bulletins. These include:
For more information visit the Consumer Taxes
355/PME, Application for Refund of Provincial Sales Tax
(PST) – Production Machinery and Equipment
125, Collector's Return
227, Wholesale Dealer's Inventory Return
Supreme Court Rules in Envision Credit Union Case - Income
The Supreme Court of Canada released it decision in Envision
Credit Union v. Canada, 2013 SCC 48 today concerning
amalgamations and the application of section 87 of the Income
Tax Act (Canada) (the "ITA"). The Court dismissed the taxpayer's
appeal, finding that the requirements of section 87 of the ITA
had been satisfied, the amalgamation was a qualifying
amalgamation for purposes of the ITA and the tax attributes of
the predecessor corporations flowed-through to the amalgamated
In 2001, two credit unions were amalgamated pursuant to the
provisions of the
Credit Union Incorporation Act (British Columbia)
(the "CUIA") to form Envision Credit Union. The amalgamation was
carried out for non-tax reasons, but the parties structured the
amalgamation with the intention to avoid the application of
section 87 of the ITA. Specifically, the intention was to fail
to meet the requirement under paragraph 87(1)(a) of the ITA that
all of the property of the predecessor corporations immediately
before the merger becomes the property of the amalgamated
corporation by virtue of the merger. To this end, the
predecessor corporations transferred, at the moment of
amalgamation, the beneficial interest in certain real properties
to a recently created subsidiary in exchange for shares of the
subsidiary. On this basis, the taxpayer took the position that
the amalgamation was not a qualifying amalgamation and the
provisions in section 87 of the ITA that provide for the
flow-through of the predecessor corporations' tax attributes did
not apply. Rather, the taxpayer took the position that the
amalgamated corporation's preferred rate amount was reset to
zero and its capital cost allowance was reset such that it could
claim depreciation based on the original capital cost of the
assets to the predecessor corporations. View the full article
Potter with Thorsteinssons LLP.
BCSC Policies and Instrument Notices
The following policies and instrument notices were recently
published BY BCSC:
Proper Compliance with Private Placement Exemptions
Two recent British Columbia Securities Commission ("BCSC") cases
demonstrate the standard required of an issuer that wishes to
rely on an exemption from the prospectus requirement when
undertaking a private placement financing.
In Cinnabar Explorations Inc. (2013
BCSECCOM 361) and Photo Violation Technologies Corp. (2012
BCSECCOM 284; 2013
BCSECCOM 276), the BCSC found that the issuers did not
properly rely on exemptions from the prospectus requirements
under National Instrument 45-106. Companion
Policy 45-106CP provides some guidance on proper
A person distributing or trading securities is
responsible for determining when an exemption is available. In
determining whether an exemption is available, a person may rely
on factual representations by a purchaser, provided that the
person has no reasonable grounds to believe that those
representations are false. However, the person distributing or
trading securities is responsible for determining whether, given
the facts available, the exemption is available. Generally, a
person distributing or trading securities under an exemption
should retain all necessary documents that show the person
properly relied upon the exemption.
View the full article
Dhir and Nick
Ayling with Clark Wilson.
|Insurance Regulation (403/2012)
|National Instrument 81-101: Mutual Fund
Prospectus Disclosure (1/2000)
||by 2010 Bill 6, c. 4, sections 55 and 57 only
(in force by
Finance Statutes Amendment Act, 2010
|Tobacco Tax Act
||by 2013 Bill 2, c. 17, section 36 only (in force
by Royal Assent),
Budget Measures Implementation Act, 2013
and Mines News:
BC Oil and Gas Regulator Increases Transparency with
The public can now find out details of the B.C. Oil and Gas
Commission's regulatory enforcement actions.
This summer, the regulatory body began quietly publishing on its
website reports of its enforcement actions, including the names
of companies, a description of the incident and its location.
They will continue to do so on a quarterly basis.
The first report shows the B.C. Oil and Gas Commission (BCOGC)
issued four orders, including to Nova Gas Transmission Ltd. in
the Fort Nelson area in northeastern B.C. to stop withdrawing
water from a pit because of the presence of minnows. Tervita
Corp. was cited for well pressure problems in the Buick Creek
area near Fort St. John.
Until now, the 15-year-old BCOGC had published annual compliance
and enforcement statistics, but not the names of companies or
details of its orders, tickets, administrative penalties or
charges. Read Vancouver Sun article.
Energy Companies Get BC Natural Gas Extraction Royalty
The British Columbia government has announced nearly
$116-million in royalty breaks for energy companies to construct
roads or build pipelines in support of natural gas production in
the province's northeast.
In a move meant to stimulate liquefied natural gas exports to
Asia, oil and gas companies will get a break on the royalties
they would normally pay to the B.C. government for resource
extraction. The benefit under the Infrastructure Royalty Credit
Program can be as high as 50 per cent of the cost of
constructing roads, pipelines and associated facilities. The
majority of the 12 projects that will benefit from the
$116-million break announced Monday will be built at the Montney
play in an area north of Fort St. John, B.C.
The announcement comes the same day a
report warned that B.C's pledge to build the cleanest LNG
industry in the world must be met with strict, and likely
pricey, environmental measures. Without them, the report from
environmental group Tides Canada warned, the province's sector
risks creating a carbon footprint nearly double that of the oil
sands in 2010. Read full article
in the Globe & Mail.
AME BC Comments on Cooperative Capital Markets Regulatory
Securities Regulation Overlap Addressed in Announcement
The Association for Mineral Exploration British Columbia (AME
BC) commented today on the joint government announcement of
September 19 to create a Cooperative Capital Markets Regulatory
System. The Ministers of Finance of British Columbia, Ontario
and Canada have agreed to establish a cooperative securities
regulator and have invited all provinces and territories to
participate in the proposed system. The federal government
stated that a cooperative securities regulator will better
protect investors, enhance Canada's financial services sector,
support efficient capital markets and manage systemic risk. It
will feature a single regulator administering a single set of
regulations and be operationally independent and self-funded
through a single set of fees. The single regulator is expected
to be operational by 2015. View the full
article published on the AME BC website.
Proposed Changes to the National Energy Board Export and
Import Regulatory Framework – Comment Period Extended
The National Energy Board is proposing amendments to the National
Energy Board Part VI (Oil and Gas) Regulations and the National
Energy Board Export and Import Reporting Regulations.
Concurrently, the Board is proposing amendments to the Toll
Information Regulations. The proposed amendments can be
found on the National Energy Board website.
The Board is seeking public comment on the proposed amendments
to these regulations. The comment period has now been extended
until October 18, 2013.
|Consultation and Notification Regulation
|Direction No. 4 to the British Columbia
Utilities Commission (203/2013)
||by 2011 Bill 19, c. 27, sections 11 and 12 only
(in force by
Miscellaneous Statutes Amendment Act (No. 3), 2011
|Permit Regulation (99/2013)
Family and Children
An Overview of the Intersect between the Family Law Act,
and the Ministry of Children and Family Development
Author: Graham A. Kay of Webber Weiser McKinley & Kay,
In this paper written for the recent CLEBC course: Family
Law for Non-Family Lawyers, Graham Kay offers
recommendations for non-family lawyers whose clients may be
involved in a family law dispute and considers the impact of the
Law Act on family violence issues, focusing
specifically on protection orders and enforcement provisions.
can be viewed on the CLEBC website.
Source: Taken directly from the CLEBC website.
Supreme Court Publishes First Decision Dividing Property
under the FLA
JP Boyd, director of the
Canadian Research Institute for Law and the Family recently
published the following summary of a recent BC Supreme Court
case that examines how the new Family
Law Act was used to determine the division of
property and debt between an unmarried couple who were in a
Mr. Justice Harvey of the Supreme Court has just
released his decision in Asselin v. Roy, a case in which
the parties, a couple in a long term unmarried relationship,
agreed to use the new Family Law Act to determine how
their property and debt would be split between them. Frankly,
I'm surprised that we've had a decision on this topic so soon,
but the judgment is welcome nonetheless.
Much toner will be spilt chewing over the nuances of this
decision, and, on the assumption that sharper minds than mine
will have a better analysis than I, I will provide a summary
View the full
article posted on the Blog.
Best Practices for Relocating Guardians under the Family
Law Act says that a joint guardian of a child must
give all other guardians at least 60 days' notice in writing
before moving with their children. The only real exceptions to
this rule are if:
The Family Law Act sets out some indication of what to
include in this notice – that is, when the moving
guardian will be relocating, and where the guardian is
going with the child.
As the Act goes, if the other guardian(s) object to the proposed
move, they have 30 days from the day they receive notice
to file an application to stop the move. Theoretically (more on
this later in this post) if they don't object in this timeframe,
the moving guardian is free to start packing.
However, the Family Law Act is silent on how this notice
is to be given. View the full article
posted by Tom
Wallwork on the BC Courthouse Libraries publication The
- The other guardian(s) are likely to become abusive or
violent as a result of giving notice; or
- The other guardian(s) don't really have a relationship with
Common Law Relationships: Bressete v. Henderson
The Honourable Madam Justice S. Griffin recently gave reasons
for judgment in the case of Bressette
v. Henderson addressing the important question:
Does the Family
Law Act (the "FLA") apply to common-law spouses
whose relationship started and/or ended in the two years
immediately prior to the FLA coming into force?
The reason that this question matters, in short, is that the
application of the FLA to certain common-law relationships could
result in a totally different division of property for spouses
than would otherwise occur if the FLA did not apply (for
example, one spouse might get half of all family assets if the
FLA applied to their relationship but very little if the FLA did
Prior to the FLA coming into force, common-law couples in
British Columbia were unable to apply for property division
relief under the Family
Relations Act (the "FRA"), the statute that provided
for property division upon the breakdown of a marriage.
Instead, common-law couples were limited in the remedies they
could seek for property division. View the full article
published by Christine Murray with Cassels Murray.
New White Paper It's Time For Justice – Divorce
It's Time For Justice is a six-edition series of White
Papers on the need for immediate change in Canadian family law,
so couples who need to end their relationships can do so faster,
more efficiently, at less cost and less strain to separating
spouses and partners, and their children. Separation and divorce
directly affect 38 per cent of Canadians. The link to the White
Paper (published by Andrew Feldstein, with Feldstein Family Law
Group) can be found here.
|Representative for Children and Youth Regulation
|Social Workers Regulation (323/2008)
and Environment News:
New Law from BC's Environmental Appeal Board –
Lots for Landowners, Lawyers and Consultants
BC Environmental Appeal Board Orders Ministry of Environment
to Issue Previously Rejected Certificates of Compliance.
On July 17, 2013, the BC Environmental Appeal Board ("Board")
rendered an important ruling in an appeal by a commercial
landowner seeking to overturn a decision of a director of the
Ministry of Environment ("MOE"). The director had rejected an
application for two certificates of compliance (for the source
site and a portion of impacted neighbouring property) and
required, even after many years of investigation and
remediation, resubmission of the entire application to current
standards. The Board allowed the appeal and ordered the director
to issue the certificates of compliance. Richard Bereti and Una
Radoja of Harper Grey LLP acted for the successful party,
Morguard Investments Limited, in this appeal. Read full
article posted by Richard
Radoja with Harper Grey LLP.
Non-Compliance Issues Found During Audit of the
McBride Community Forest in British Columbia
An audit of the McBride Community Forest in the Robson Valley
has found several instances of non-compliance with provincial
forestry legislation, according to a report released today.
These findings include failing to show road locations on site
plan maps, in one instance leading to a poorly constructed road
that caused environmental harm. Five access roads also were
upgraded and used without authorization. The status of cutblocks
was not reported to government when required and accurate
silviculture information was not maintained by the community
forest. "Each of these findings has potential implications for
the overall sound management of forest resources, and
collectively they raise serious questions about the community
forest corporation's diligence and attention to detail," said
board chair Al Gorley.
WA and related regulations, as of September 2012. View the full
release published by the Forest Practices Board.
Provincial Logging Residue & Waste Measurement
Procedures Manual Amendment
A recent amendment to the Provincial Logging Residue and
Waste Measurement Procedures Manual is intended to extend
the expiry date of the waste benchmarks until September 30,
2014, unless terminated earlier. The amendment comes into force
as of October 1, 2013. For more information on this amendment or
to view the manual click here.
BC Forest Safety Council Launches Walking Challenge
to Help Improve Health of Log Haulers
The BC Forest Safety Council (BCFSC) is rolling out a new health
and wellness program focused on increasing the physical activity
levels and overall health of log truck drivers in BC. The
Healthy Hauler Step Challenge aims to provide BC's log truck
drivers with an opportunity to become more active in an easy,
fun, and inexpensive way. Using pedometers provided free by the
BCFSC, truckers can track the number of steps they take each
day, log them over a month's time, compete for prizes, and earn
recognition in their industry. They can challenge themselves,
co-workers, and teams from other companies. View the full news
release on the BC Forest Safety Council Website.
|Environmental Data Quality Assurance Regulation
|Flathead Watershed Area Conservation Act
||by 2011 Bill 19, c. 27, section 13 only (in
Miscellaneous Statutes Amendment Act (No. 3), 2011
Ministry of Health Clarifies Residential Care
The Ministry of Health is clarifying information that has been
reported about the Province's Home and Community Care policy for
publicly subsidized residential care. The policy explains which
items in residential care a resident can be charged for and
which items must be included as part of a resident's basic care.
Operators of residential care facilities have always been
allowed to charge clients for the cost and maintenance of
personal services and equipment, such as telephone, wheelchairs,
walkers, hearing aids and cable (the full list of chargeable
items is included in the backgrounder). The 1991 home and
community care manual, for example, states, "the client is
responsible for the cost and maintenance of equipment that is
for their exclusive use (e.g., walker, crutch, wheelchair)."
In 2010 and 2012, the ministry clarified the manual as some
operators were charging for items, such as incontinence
supplies, that should be included as part of a person's basic
care. In addition, the updated policy also requires operators to
clearly explain each fee and make sure that clients are aware
and agree in advance before they are charged.
Recently, there has been considerable media on wheelchair
maintenance fees. This fee has been inconsistently applied
throughout the province. For example, most
health-authority-contracted and privately-owned facilities have
required clients to cover the cost of their own wheelchairs,
while most health-authority-owned and operated facilities have
providing wheelchairs free of charge. Read full government
Health Canada Decision to Allow Prescription
Will Save Lives, Pivot Lawyer Says
But health minister says decision was "wrong" and won't
Health Canada's decision to provide prescription heroin to
certain addicts will save lives in Vancouver, according to a
lawyer representing them. "This is a big step forward," Pivot
lawyer Scott Bernstein said Friday, referring to a decision to
approve access to heroin for at least 15 participants exiting a
Pivot, which represents 22 study participants and the B.C.
Association of People on Methadone, said the landmark decision
will allow some of the most marginalized and addicted patients
– who have not responded to other treatments such as
methadone – to continue to receive proven treatment in a
medical environment. "The evidence out there demonstrates this
is the appropriate treatment for people in this condition,"
added Bernstein. "For our clients this is access to a
life-saving treatment that helps them stabilize their lives,
become healthy, and not have to engage in criminal activity to
get the drug they're dependent upon. It's definitely a good
Bernstein said the decision was based on evidence rather than
ideology and was made after doctors convinced Health Canada that
heroin was the appropriate treatment. View Vancouver Sun
|There were no
amendments this month.
Labour and Employment News:
You Have to do it … "or else": New
WorkSafeBC Bullying & Harassment Policies
As of November 1, BC will have mandatory requirements for
employers, workers and supervisors to address workplace bullying
and harassment. The new WorkSafe BC Occupational Health &
Safety bullying and harassment policies will be effective
November 1, 2013 (the "OHS Policies"). All employers should be
preparing and reviewing their policies.
This represents the second stage of significant developments
addressing workplace bullying & harassment under
WorkSafeBC's jurisdiction. The first stage, effective July 1,
2012, were amendments to the Workers Compensation Act that
significantly expanded the scope of compensable mental disorder
claims including those arising from bullying & harassment.
Now, the OHS Policies approach bullying & harassment from
the prevention side by treating bullying & harassment as a
hazard just like any other workplace hazard. Under the OHS
Policies, employers in British Columbia will have a clear duty
to "take all reasonable steps to prevent where possible, or
otherwise minimize, workplace bullying and harassment". The
Employer Duties Policy includes a number of requirements
including that employers must develop a policy with respect to
workplace bullying and harassment, implement procedures for the
reporting and investigation of incidents, and provide training
to employees and supervisors to recognize and respond to
bullying & harassment. View full
article by Bull Housser LLP.
|There were no
amendments this month.
Local Government News:
UBCM Addresses Election Reform: Conveys Support
for Four-year Term
Support for a phased approach to elections reform, a call for
four-year terms, and a request to allow Vancouver to make rules
related to greater limits on spending and contributions and
provide for greater disclosure, were key topics discussed at a
meeting between UBCM and Parliamentary Secretary, Linda Reimer,
On September 25, 2013, UBCM President Rhona Martin and First
Vice-President Sav Dhaliwal met with MLA Linda Reimer to convey
UBCM's feedback on the Province's recently released White
Paper on Local Government Elections Reform. UBCM
reiterated its support for the phased approach that would
implement changes in 2014 to improve accountability,
transparency, and compliance and enforcement, but defer
implementation of expense limits until further consultations
take place. President Martin expressed support for the phased
approach recognizing that more work needed to be done on how
best to set expense limits that would work for all of the
election players. One of the key messages to MLA Reimer was the
need for information, education and advice about the changes to
ensure that all players are aware of the new rules and processes
that will be in place for 2014. View the full article
published on the UBCM website.
New BC Recycling Program Frustrates
Some municipal politicians in B.C. are demanding more time to
review a new recycling program designed to shift the costs from
municipalities to a new industry organization.
At the moment, municipalities pay for recycling pick-up and
disposal through property taxes.
But a new industry group called Multi-Materials B.C. (MMBC)
representing major producers such as grocery stores and
manufacturers is set to take over responsibility all printed
paper products and packaging.
The intention is to shift the cost burden from taxpayers and
municipalities onto the producers of goods that need to be
Municipalities have the option to sign contracts with MMBC to
continue to pick up curbside recycling, but the deadline for
them to sign up for the program is September 16, 2013. But
critics say MMBC isn't offering them enough money to continuing
collecting the recyclable goods at the curbside, and they need
more time to consider the deal. Read the full CBC
Feedback Requested: Derelict and Abandoned Vessels Draft
The Ministry of Forests, Lands and Natural Resources has
completed a draft of their "Practical
Manual for Addressing Problem Vessels and Floating Structures",
and is now requesting that UBCM Members review and provide input
on the draft manual. For any local government dealing with
problem vessels, the issue of who is responsible for what is a
key concern. The draft manual seeks to address this issue by:
UBCM members are asked to review the draft
manual and provide input by November 15, 2013. Source:
- explaining which level of government can do what in
- identifying key points of contact for resolving problems;
- outlining options for a collaborative approach for dealing
with the most serious issues.
|Bylaw Notice Enforcement
|Fare Infraction Review Referral
Fair Notice and Women's Reproductive Rights:
SCC Dismisses Appeal
in R v Levkovic on Constitutionality of Criminal
Code Section 243
On May 3, 2013, the Supreme Court of Canada unanimously
dismissed the appeal of Ivana Levkovic, who challenged the
constitutionality of section 243 of the Criminal
Code (RSC c C-46). Section 243 makes it a criminal
offense to dispose of a child's dead body with the intent to
conceal the fact that it was delivered, "whether the child died
before, during or after birth." Reuben Zaramian has provided a
factual background for the case in a previous TheCourt.ca piece,
found here. Soon after the arguments were heard at the SCC on
October 2012, Stephanie Voudouris commented on the implications
of this decision for women's reproductive rights, and invited a
more contextual vagueness analysis that considers the effect
section 243 has on women's right to autonomy and privacy with
respect to making decisions about reproduction. Her thoughts on
the matter can be found here. View the full
article by Anna Kwadrans and published on The Court.
|Justice Reform and Transparency
||by 2013 Bill 15, c. 7, sections
3 (b) and 6 only (in force by
Justice Reform and Transparency Act
VEHICLE & TRAFFIC
Vehicle and Traffic News:
Vehicle Lessor Liability Limit Over and
Above that of Motorist
Important reasons for judgment were released [in September] by
the BC Supreme Court, Vancouver Registry, addressing the limit
of exposure for vehicle lessors when their vehicles are
involved in an at-fault collision.
Provisions of the BC
Motor Vehicle Act and
Insurance (Vehicle) Act expose lessor's to
$1,000,000 of liability when their vehicles are involved in a
collision. The BC Supreme Court was asked to interpret these
provisions in the case of a $1.6 million dollar claim.
In this week's case (Stroszyn
v. Mitsui Sumitomo Insurance Company Limited) the
Plaintiff sued an at fault motorist and the vehicle lessor for
damages following a collision. The quantum was agreed to at
$1.6 million dollars. The ICBC insured defendant paid out the
policy limits of $1 million. The vehicle lessor argued that
they did not need to pay the balance as they were shielded by
section 82.1 of the Insurance (Vehicle) Act from any
payment after a Plaintiff collects $1 million. Mr. Justice
Bowden disagreed finding a lessor's exposure, while capped at
$1 million, is over and above damages collected from other
liable parties. In reaching this conclusion the Court provided
the following reasons: Read full
article by Eric Magraken on the BC Injury Law
CVSE 1052 Form – Very Large Loads
form has been updated. This form is used for District
Notifications and Authorizations for Very Large Loads (over
6.0 m wide or over 4.88 m high), as part of the Extraordinary
Load Approval process. You may access the revised form on the
Ministry of Transportation and Infrastructure website.
|There were no
amendments this month.
& REAL ESTATE
Property and Real
BC Condo Owners Want Better Municipal
Oversight of Temporary Occupancy Permits
Issue Could Affect Resale of Thousands of Lower Mainland Units
A B.C. condo owners association will petition municipalities to
adopt a new measure to ensure owners don't get caught with
incomplete occupancy permits that can undermine their ability to
sell. The change is a simple one: it would require
municipalities to notify strata corporations within the first
year of occupancy whether the permit is complete, says Tony
Gioventu, executive director of the Condo Home Owners
Association of B.C. If the requirements under the permit have
not been met, a strata corporation will have an opportunity to
file legal action while developer bonding is still in place.
That will ensure there is money that can be used to complete
work needed to get the occupancy permit, said Gioventu. The
issue was raised this month when residents at a Surrey
condominium complex discovered they couldn't sell their units
because the site didn't have a final occupancy permit. View Vancouver
BC's Strata Depreciation Report Deadline
Issue could affect resale of thousands of Lower Mainland
Time is running short for British Columbia strata corporations
aiming to hit the December 13 target to have government-mandated
depreciation reports in place.
Depending on who the stratas pick to prepare the report, they
may be facing a wait of up to several months, which could take
them into next year, and past the deadline.
B.C. regulations were changed in 2011 to require depreciation
reports every three years to help stratas plan long-term for
repairs and maintenance of common properties and assets.
It isn't known how many strata corporations have decided to go
ahead with the reports, which can cost anywhere from a few
thousand dollars to $10,000-plus, depending on the property.
Another factor in cost is who is hired to prepare the report.
Legislation does not cite specific credentials.
Sandy Wagner, president of the Vancouver Island Strata Owners
Association with 8,600 members, estimates the bulk of Island
stratas are getting the reports done.
The reports will help maintain property values, she said. Also,
financing agencies are increasingly asking for them.
Wagner recommends strata corporations budget anywhere from
$5,000 to $12,000. View the Times Colonist article.
|There were no
amendments this month.
Wills and Estates News:
Report on Common-Law Tests of Capacity
The British Columbia Law Institute (BCLI), formerly known as the
Law Reform Commission of British Columbia, is a not-for-profit
law reform agency that works to improve and modernize the law.
BCLI has had significant influence on important changes in the
law in many different areas. Most recently, many of its
recommendations in areas of family and estates law have been
accepted by the Provincial government and have resulted in
BCLI has recently released its Report
on Common-Law Tests of Capacity. This report follows
BCLI's release of its Consultation Paper on Common-Law Tests of
Capacity earlier in the year.
The report was the final stage of the Rationalizing and
Harmonization of BC Common-Law Tests of Capacity Project. The
project's purpose was to make recommendations related to mental
capacity required to enter into certain transactions or
relationships. The report contains the project's final
recommendations for reform.
The report focuses on the elements of tests of capacity that
have been developed by the courts over the years. These tests
are known as "common-law tests of capacity". View the full article
Weintraub with Clark Wilson LLP.
Son Cut from Mother's Will Still Deserves Inheritance: Judge
A retired logger who was written out of his mother's will is
still morally entitled to half her estate, a B.C. Supreme Court
judge has ruled.
When 98-year-old Smithers resident Dee Drummond died in January
2011, she left her entire inheritance – including a
$110,700 home and $55,000 bank account – to her two
That came as a shock to her 77-year-old son Bruce Drummond, who
had formerly been named sole beneficiary on the estate.
In her will, Ms. Drummond said she'd grown very close to
neighbours Casey and Clara Moore, and the couple had provided a
lot of help to her over the years.
She had fewer kind words for her son.
Read the full story
reported by CTV.
|There were no
amendments this month.
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