B.C.'s Commercial Liens Act: Key Lessons
from the First Year in the Courts
British Columbia's Commercial Liens Act (the "Act") came into force on June 30, 2025, giving businesses that transport, tow, store, salvage, repair, maintain, or improve goods a statutory lien to secure payment for their services. By replacing a patchwork of older lien statutes and common law liens with a single regime, the Act changes how service providers can secure payment, and how they must document and enforce their rights.

The Act is a significant change for carriers in particular. Previously, road carriers generally relied on the common law carrier's lien, which depended on retaining possession of the goods, and was lost on delivery. Under the Act, with the right paperwork, a lien can be registered and enforced after the goods are released. But the Act's formal requirements matter: a lien that does not comply may be unenforceable, and improper enforcement can expose the service provider to liability. Read the full article by Daniel Siracusa and Stephanie Doherty with McCarthy Tetrault.

Opening the Gate: Kingsgate Takes the Standard of Review for
Arbitral Appeals to the Supreme Court of Canada
Nearly seven years after Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (Vavilov), Canadian courts still disagree on one question:

When a party appeals a domestic arbitral award on a question of law, how much deference does the arbitrator get?

In British Columbia, the answer is none. In Vancouver School District No. 39 v. Kingsgate Property Ltd., 2026 BCCA 98 (Kingsgate), three justices of the British Columbia Court of Appeal held that questions of law on arbitral appeals are reviewed for correctness, although they split on the outcome. That was a departure from two decisions of the Supreme Court of Canada (SCC), Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 (Sattva) and Teal Cedar Products Ltd. v. British Columbia, 2017 SCC 32 (Teal Cedar), which made reasonableness the standard of review for appeals of commercial arbitration awards. Other appellate courts are split. Read the full article by Craig Ferris, Scott Lucyk and Jason Liu with Lawson Lundell LLP.

New Requirements Related to an Annuity Purchase
The British Columbia Financial Services Authority (BCFSA) has issued a new regulatory statement providing additional guidance on recent amendments to the Pension Benefits Standards Act (PBSA) and Pension Benefits Standards Regulation (PBSR) relating to annuity purchases from ongoing defined benefit pension plans.

The statement outlines a new expectation that pension plan administrators notify BCFSA within 30 days of an asset transfer for an annuity purchase. Read the full article by Lisa Chamzuk and Jessica Goodridge with Lawson Lundell.

Tax Audits: Best Practices for Recipients of Third-Party RFIs
Requests and requirements for information (RFIs) are among the Canada Revenue Agency's (CRA) most powerful audit tools. Recent legislative proposals would introduce new administrative penalties for non-compliance with RFIs, increasing the consequences for recipients.

A recent decision of the Federal Court of Appeal in Canada (National Revenue) v. Zeifmans LLP [2026 FCA 147] provides helpful guidance for recipients of third-party RFIs in assessing their obligations. Read the full article by Donya Ashnaei, Erich Schultze and Pooja Mihailovich with Blakes.

Federal Government Proposes New Fintech and Non-Financial
Activity Regulations for Financial Institutions
On October 17, 2026, the Department of Finance published four sets of proposed regulations to implement expanded non-financial business and investment powers introduced through the Budget Implementation Act, 2018, No. 1 (the "Fintech Amendments"). The publication of these proposed regulations marks a long-awaited step toward implementing the Fintech Amendments, which were first enacted more than eight years ago, but are not yet in force.

As discussed in our previous blog on Budget Bill 2018: Amendments to Financial Services Statutes, the Fintech Amendments were intended to provide banks, bank holding companies, foreign banks, federally regulated insurance entities, and trust and loan companies (collectively, "FRFIs") with greater flexibility to undertake Fintech and other non-financial activities both directly and by way of investments. Read the full article by Ana Badour, Lori Stein, Sandra Mollet, Vanessa Johnson and Shalini Mudiyanselage with McCarthy Tetrault.

"Reasonable Expectations": Oppression Claims, Business Succession,
and Estate Freezes in Smith v Tassone, 2026 BCCA 387
In Smith v Tassone, the Court of Appeal for British Columbia affirmed a decision in which Justice Francis, then of the British Columbia Supreme Court, declared that the directors of H.N. Co. Enterprises Ltd. ("H.N. Co.") had treated one of its shareholders, Kimberley Tassone, in a manner that was oppressive and unfairly prejudicial to her interests. The case demonstrates the successful application of the oppression remedy available to shareholders under s 227(2) of the Business Corporations Act, SBC 2002, c 57 (BCA), and provides helpful commentary regarding how an estate freeze can affect a shareholder's "reasonable expectations".

In 1997, Henry Smith incorporated H.N. Co. as a holding company for various ventures. Henry held 100 preferred shares in H.N. Co. and was its president and sole director. As an estate planning measure, H.N. Co. also issued one common share to each of Henry's three children: Dana, James, and Kimberley. Read the full article by Polly Storey, Alison Colpitts and Tatum Sabourin with Clark Wilson LLP.

Keep It or Toss It? What Records Must BC Societies
Retain, for How Long, and Who May See Them?
Consider three situations familiar to many BC societies. A director requests copies of board minutes. A member asks for the register of members before an upcoming election. A journalist requests the society's financial statements for the last five years.

Requests for society records are common occurrences and can frequently lead to disputes. Society directors, who are generally volunteers, often struggle with apparently competing or contradictory requirements to provide document access while protecting personal, private, confidential or sensitive information.

The Societies Act, which governs BC societies, addresses these issues. It establishes what records a society must maintain, who may inspect them and when copies must be provided. Importantly, record retention and record access are not separate obligations. A society cannot comply with its disclosure obligations if it has failed to preserve the relevant records. Read the full article by Dierk Ullrich and Stephanie Lee with Fasken.

CSA Finalizes Amendments to Non-GAAP and Other Financial
Measures Disclosure Requirements Ahead of IFRS 18
On October 15, 2026, the Canadian Securities Administrators (CSA) published final amendments to National Instrument 52-112 Non-GAAP and Other Financial Measures Disclosure (NI 52-112) and related materials (the Amendments). The Amendments follow the CSA's November 2025 request for comments on proposed changes to NI 52-112, which we discussed in our earlier blog, CSA Requests Comments on Proposed Amendments to Non-GAAP and Other Financial Measures Disclosure Requirements. The Amendments largely align with the proposed changes; however, the CSA revised certain provisions to enhance clarity.

Subject to all necessary Ministerial approvals, the Amendments will come into force on December 29, 2026. Read the full article by William S. Osler, Mia Bacic, Ali J. Naushahi, Jean Tessier, Tinashe Muzah and Sarah Karlson with Bennett Jones LLP.

Updates to BC Sales Taxes
The following updates to sales taxes were recently posted:

Provincial sales tax (includes municipal and regional district tax)

• October 26, 2026
  Bulletin PST 106, Legal Services (PDF, 340KB), has been updated to reflect that effective October 1, 2026, legal services provided in B.C. are exempt from PST if the purchaser or recipient of the legal services resides, ordinarily resides or carries on business in B.C. and the legal services relate to a jurisdiction other than B.C.
• October 30, 2026
  Effective November 1, 2026, the Thompson-Nicola Regional District consisting of the District of Clearwater and Electoral Area A will increase the MRDT rate from 2% to 3%. The MRDT location map has been updated. For more information about MRDT, see our Accommodation page.

Motor fuel tax and carbon tax

• October 19, 2026
  The Motor fuel tax and carbon tax forms page has been updated to include supporting schedules for the Motor Fuel Generic Return (FCO).

For more information, visit the BC government website.

BC Securities – Policies & Instruments
The following notice was recently published on the BCSC website:

• BC Notice 2026/08 – Proposed Significant Changes to Discontinue the Fee Rebate Model and Reduce Certain Core Clearing and Settlement Fees; and Proposed Amendments to Eliminate Network Connectivity Fees and to Eliminate Report File Transmission Fee – CDS Clearing and Depository Services Inc. (CDS)

For more information, visit the BC Securities website.

News Release – BCUC Approves BC Hydro's
West End Substation
Today [October 29, 2026], the British Columbia Utilities Commission (BCUC) approves BC Hydro's application for the West End Substation Project.

This project will replace the 74-year-old Dal Grauer facility that has reached the end of its service life and help meet growing electricity needs in downtown Vancouver. It is estimated to cost $1.457 billion, and the new underground substation is expected to be in service by 2032.

The BCUC conducted a public and transparent review of BC Hydro's application that considered input from interveners and members of the public. Following its review, the BCUC determines that the project is needed for BC Hydro to connect new customers to its system while addressing aging infrastructure and maintaining safe and reliable electricity service.

The project will support BC Hydro's ongoing efforts to increase the voltage of its downtown Vancouver distribution system to better serve customers. It also aligns with BC's energy objectives and BC Hydro's recent Integrated Resource Plan, which outlines how the utility will meet growing electricity needs over the long term. Read the full BCUC announcement.

Disclosure in Mining
In 1997, the Bre-X Minerals Ltd. scandal resulted in billions of dollars in investor losses and shattered confidence in Canadian capital markets. The fraud, which involved salted gold samples at a site in Indonesia, exposed critical gaps in mining disclosure regulation.

Memories fade and Bre-X is no longer a household name, nor is it familiar to Gen Z lawyers. As proposed amendments to National Instrument 43-101 - Standards of Disclosure for Mineral Projects (NI 43-101) loom, this four-part series covers the past and the present in mining disclosure, misrepresentation, fraud and sanctions.

This first article examines how the Bre-X scandal led to the creation of NI 43-101, which now governs disclosure standards for the Canadian mining industry. NI 43-101 aims to protect investors from misinformation regarding mineral projects by imposing rigorous requirements on how scientific and technical information is prepared, verified and disclosed. Read the full article by Kimberly Burns and Greg McNab with Dentons.

Pacific Link Pipeline Faces Federal Court Challenge
by B.C. First Nation Near Lillooet
The St'át'imc Chiefs Council near Lillooet announced Monday [November 2] it is launching a federal court challenge against the federal government's approval of the Pacific Link crude oil pipeline and tanker project under the Building Canada Act, citing a lack of consultation.

The pipeline is intended to supplement the existing Trans Mountain pipeline, shipping oil from Alberta to Asian markets. The federal government says it also intends to expand the Roberts Bank terminal in Delta. The project was designated as being in the "national interest."

But, Kúkwpi7 Justin Kane, council chairperson, said in a statement: "The proposed Pacific Link pipeline and tankers project will cross over 500 rivers and streams, including two new proposed Fraser River crossings, and together with other expansion plans, is expected to double crude oil tanker traffic in the Salish Sea." Read the BIV article.

Can Public Regulatory Reports Be Used in a Later Prosecution?
Lessons from the Mount Polley Case
The Supreme Court of British Columbia rejected [2026 BCSC 1833] a constitutional challenge to investigators' use of publicly available government reports concerning the 2014 Mount Polley tailings-storage failure. Although the regulatory inquiries had compelled information, the Court found that Imperial Metals Corporation and Mount Polley Mining Corporation had no reasonable expectation of privacy in the reports once published online.

For regulated businesses, the manner in which investigators obtain information matters. Documents acquired through compulsory powers are not necessarily treated like public reports that later describe the same events. Read the full article by Mike Stewart with ATAC LAW.

BC Energy Regulator Announcements
The following BC Energy Regulator announcements were posted recently:

• Environmental Protection Notice – Petronas Energy Canada
• Environmental Protection Notice – Woodfibre LNG General Partner Inc.

Visit the BCER website for more information.

BC Court Orders New Trial in Family Case
Where Judge Accepted New Tort
The British Columbia Court of Appeal remitted a family matter after finding that a chambers judge provided no explanation when accepting the existence of a new BC tort arising from a woman's claim that her ex-husband had placed her in a false light.

In Degen v Bowers, 2026 BCCA 417, the parties married in 2011, bought a family home soon afterward, and separated in 2018. The respondent ex-wife's counsel held the proceeds of the 2021 sale of the family home. Read the full article by Bernise Carolino in the Canadian Lawyer.

Can I be Held Liable for My Ex's Debt? Family
Debt and Creditor Rights Explained
In the recent decision of Lan v. Buchanan, 2026 BCCA 370, the Court of Appeal clarified how family debt works under the Family Law Act, specifically, the intersection of family debt and creditor rights.

The ruling affirms a core principle of family debt division. When a court divides a debt between former spouses, the order affects only the spouses. It does not give the creditor a right to collect from either of them. A creditor who wants to enforce repayment of a loan must still prove a legal basis for that enforcement, such as a legal contract. Read the full article by Ty Bradford and Caterina Fusco with Clark Wilson LLP.

Madsen v. MacNutt: When Can a Court Intervene
in a Family Business After Separation?
A recent Supreme Court of British Columbia decision provides important guidance on when courts may intervene in a privately held business pending the resolution of a family law dispute, regardless of whether the shares are excluded property.

In Madsen v. MacNutt, 2026 BCSC 1800, the Court declined to give the non-owning spouse operational control of the company she had managed for 15 years. However, it did order the Company to pay her $1.25 million after finding that the owning spouse's use of corporate funds for personal expenses could adversely affect her potential interest in the Company. Read the full article by Chantal Cattermole and Sarah Tradewell with Cozen O'Connor.

Who Gets Exclusive Occupancy of the
Family Home After Separation?
After couples separate, they occasionally argue about who should continue to live in the family home prior to the home being sold or an eventual settlement.

There is a two-part test for exclusive occupancy: 1) the shared use of the home is a practical impossibility, and 2) on a balance of convenience, the applicant is the preferred occupant. The preferred occupant test is objective, as the Court must weigh the disadvantages to the applicant if the order is refused against the disadvantages to the respondent if the order is granted. Numerous factors are considered in this second part of the test, including, but not limited to, acquiescence or delay, the conduct of the parties, the economic positions of the parties, the ability of the parties to earn income, alternate living accommodations available to either of the parties, and the mental and physical health of the parties.

In K.M. v F.A.C., 2025 BCSC 1572 the Court granted the claimant's application for exclusive possession of the family residence. The parties agreed that shared use of the family residence was a practical impossibility. The Court held that the balance of convenience favoured the claimant. Read the full article by Jimmy Peterson with Harper Grey.

Can Litigation Affect a Spousal Support Recipient's
Ability to Become Self-Sufficient?
In A.R. v. M.E.R., 2026 BCSC 1359, Justice Laurie considered whether a spousal support recipient had become self-sufficient enough to justify terminating support. The respondent sought to end his spousal support obligation on review, arguing that the claimant had achieved self-sufficiency since the original support order was made in December 2022.

Justice Laurie disagreed. She found that the claimant had not become self-sufficient and that the respondent's conduct had significantly affected her ability to do so. In particular, Justice Laurie found that the respondent's "relentless litigation" since December 2022 had interfered with the claimant's employment, income, and well-being. Read the full article by Rosemary Gallo and Monica Wong with Alexander Holburn Beaudin + Lang LLP.

No Independent Legal Advice or Signed Waiver: B.C. Court
Sets Aside Property Terms in Cohabitation Agreement
The Supreme Court of British Columbia set aside [2026 BCSC 1858] the property provisions of a cohabitation agreement concerning a home appraised at $1.745 million. Although one spouse had reviewed and signed the agreement, the Court found that he had not understood the property rights he was surrendering. It declared the home family property, preserved both spouses' excluded contributions and ordered equal division of the remaining equity.

The case shows why a signature, even after reviewing a draft, does not necessarily establish an informed agreement about existing property rights. Read the full article by Mike Stewart with ATAC LAW.

A Reverse Vesting Order Cannot Erase Every Unwanted
Obligation: B.C. Court Protects Fibre-Supply Rights
The Supreme Court of British Columbia refused to approve [2026 BCSC 1771] a reverse vesting transaction that would have eliminated TimberWest's and Domtar's long-standing fibre-supply rights. The Court found that the agreements created proprietary interests in a forestry tenure and that the proposed purchaser had not shown why those rights should be extinguished. The transaction was later approved after the purchaser agreed to retain the agreements.

For businesses affected by insolvency sales, the distinction between a commercial obligation and an interest in property can determine whether an agreement survives a restructuring. Read the full article by Mike Stewart with ATAC LAW.

'Limitation Situation': Yet Another BF?
Autumn is always a good time to take stock and set priorities, but it's a particularly good time to consider whether any limitation dates might be approaching in those environmental matters on your desk. And if there are, it is important to consider limitation dates in the context of both the statutory cause of action contained in the BC Environmental Management Act (EMA) and any potential common law claims.

For EMA claims, if your client has incurred costs of remediation, you may have a couple of years to file a lawsuit after incurring those costs, rather than two years after initially discovering the problem. This may in some cases provide more time to file an EMA cost recovery claim. However, consider that remediation costs are often incurred over many years, and not often completed quickly nor in one flurry of activity. While it may be tempting to wait until the remediation work is 'complete' and all costs are accounted for to file a claim, the entire process may simply take too long. Additionally, the concept of when the remediation is 'complete' may be open to interpretation. Therefore, even when utilizing the EMA, filing a claim earlier rather than later may be prudent and certainly warrants careful consideration. Read the full article by Richard E. Bereti with Harper Grey.

Supreme Court of Canada to Hear Challenge to Federal
'Toxic' Listing of Plastic Manufactured Items
The Supreme Court of Canada (Supreme Court) will hear the challenge to the federal government's 2021 decisions to list "plastic manufactured items" (PMI) – a broad category of plastic products – as toxic under the Canadian Environmental Protection Act, 1999 (the Act).

On October 15, 2026, the Supreme Court granted a group of industry participants (the Applicants) leave to appeal the January 30, 2026 decision of the Federal Court of Appeal (FCA). The FCA upheld the 2021 order adding PMI to the list of toxic substances in Schedule 1 of the Act (the Order), reversing the 2023 Federal Court decision that had quashed it. Read the full article by Jennifer Fairfax, Tommy Gelbman and Homa Aminnejad with Osler.

Amending and Establishing Land Use Objectives
Notice of Orders: Nass South Sustainable Resource Management Plan Area.

Notice is hereby given, in accordance with Section 7 of the Land Use Objectives Regulation, that orders have been made under section 93.4(1) of the Land Act, and Section 32 of the Environmental Protection and Management Regulation (B.C. Reg. 200/2010) under the Oil and Gas Activities Act.

The orders amend Old Growth Management Area SKE_NASS_114 and map for the Nass South Sustainable Resource Management plan area located adjacent to the Bowser River. The orders take effect on the date this notice is published in The British Columbia Gazette.

The orders were advertised for public review and comment for a period of 30 days ending on August 30th, 2026. No comments were received in this period.

The orders and map have been filed at the Coast Mountains Natural Resource District Office of the Ministry of Forests at 200 - 5220 Keith Avenue, Terrace, BC V8G 1L1.

The orders are also available at: Nass South Sustainable Resource Management Plan - Province of British Columbia. [oc29]

Source: British Columbia Gazette, Volume CLXVI, No. 43

Alberta Court of Appeal Finds Impact Assessment Act
Is Unconstitutional… Again
In its October 9, 2026 opinion in Reference re Impact Assessment Act, as amended (2026 Reference Decision), a majority of the Court of Appeal of Alberta (ABCA) concluded that the 2024 amendments to the Impact Assessment Act (IAA) did not cure the constitutional defects previously identified by the Supreme Court of Canada (SCC). The majority found that the new definition of "adverse effects within federal jurisdiction" continues to reach beyond matters of federal authority and risks capturing projects that are primarily provincial in nature.

The 2026 Reference Decision is the latest chapter in a constitutional saga spanning seven years and two provincial references. It arrives at a time of significant federal reform involving major projects, including with respect to the IAA. Read the full article by Katie Slipp, Nicole Bakker and Sophia Larsen-Rosner with Blakes.

First Federal Youth-Led Climate Trial Begins
History was made in a Vancouver courtroom this week as Canada's first federal youth-led climate trial got underway.

The 15 young Canadians are taking the federal government to court over its fossil fuel policies and its failure to curb greenhouse gas emissions that contribute to climate change. They argue they have a right to live in a world with a safe and stable climate, so this failure to protect them from climate-related harm violates their rights to life, liberty and security of the person under section 7 of the Charter of Rights and Freedoms.

La Rose v. His Majesty the King reaches this stage as courts around the world examine the relationship between climate change and human rights and find that government failures to act on the climate crisis can violate legally protected human rights. Read the full article by Holly Lake in the CBA National.

Environmental Appeal Board Decisions
The following Environmental Appeal Board decisions were made recently:

Environmental Management Act

• Barrick Gold Inc. v. Director, Environmental Management Act [Consent Order]
• 0739024 BC Ltd. Regional Recycling Burnaby, 534337 South Van Bottle Depot (Zim's) Ltd., 524216 BC Ltd. Walnut Grove Bottle Depot, 0871499 BC Ltd. Regional Recycling Whistler v. Assistant Deputy Minister, Ministry of Environment and Climate Change Strategy [Preliminary Decision on Document Production – Documents Ordered]

Water Sustainability Act

• 7 Hills Realty Inc. v. Assistant Water Manager [Dismissal Order – Appeal Dismissed]

Wildlife Act

• Fraser MacDonald v. Director, Resource Management – Omineca Region [Preliminary Decision – Document Disclosure Ordered]

Visit the Environmental Appeal Board website for more information.

Forest Appeals Commission Decisions
The following Forest Appeals Commission decision was made recently:

Forest and Range Practices Act

• Sumer Dhillon v. Government of British Columbia [Settlement Order – Appeal Dismissed Without Costs]

Visit the Forest Appeals Commission website for more information.

Bill C-41: Proposed Changes to Medical
Assistance in Dying Laws
The federal government recently introduced Bill C-41, the Medical Assistance in Dying Safeguards Act. Through Bill C-41, the government proposes to permanently prohibit MAiD for those whose sole underlying medical condition is a mental illness, allow practitioners, in certain circumstances, to provide MAiD to those who have made advance requests for MAiD and update reporting requirements for practitioners.

MAiD has been legal since 2016, and access was expanded in March 2021 through Bill C-7. Bill C-7 established different procedural requirements for persons whose natural death is reasonably foreseeable and for those whose natural death is not reasonably foreseeable. Read the full article by John Hunter, Heather Webster, Isaac Wright and Melissa De Angelis with Borden Ladner Gervais LLP.

BC Supreme Court Orders Hybrid Hearing to
Resolve Disputed Incapacity Petition
The Supreme Court of British Columbia has ordered a hybrid hearing to determine whether a man who sustained a traumatic brain injury in a motor vehicle accident is incapable of managing himself or his affairs, after finding that two medical opinions left significant questions unanswered.

In Stenner (Re), 2026 BCSC 1978, the court found that medical affidavits supporting a declaration of incapacity for Justyn Stenner satisfied the threshold requirements under the Patients Property Act. However, the court was not satisfied that the evidence established his incapacity. Read the full article by Angelica Dino in the Canadian Lawyer.

BC Court of Appeal Upholds Order Striking Fraud and
Forgery Claims Against Health Authority
The British Columbia Court of Appeal has upheld a decision striking fraud and forgery claims against the Fraser Health Authority and one of its employees.

In Phongpradith v Bieberstein, 2026 BCCA 388, the court found the pleaded facts rested on incorrect interpretations of documents and "were manifestly incapable of being proven." It upheld the chambers judge's decision to strike the amended claim without leave to amend under Rule 9-5(1)(a) of the Supreme Court Civil Rules. Read the full article by Angelica Dino in the Canadian Lawyer.

Split SCC: Anesthesiologist Must Pay $12M for
Brain Damage After C-Section
In a split decision on Friday, the Supreme Court of Canada dismissed two appeals: one filed by an anesthesiologist whom the Ontario Court of Appeal had found owed a woman $12 million for causing her severe and permanent brain damage during an emergency cesarean section, and another filed by the woman and her family.

The plaintiffs had originally sued the anesthesiologist, two obstetricians, and the hospital where the woman, Sophia Hemmings, was treated, for negligence. By the time the case reached the SCC, every defendant besides the anesthesiologist had been let off the hook, prompting the plaintiffs to appeal to the high court.

In Hemmings v. Padmore, the SCC determined that the anesthesiologist, Dr. Neil Jamensky, was liable by applying and clarifying a two-part test to establish liability for injuries caused by negligence. The second part of the test requires courts to ask whether the injury was a reasonably foreseeable result of the negligent conduct. Read the full article by Jessica Mach in the Canadian Lawyer.

Equal Treatment Wage Provisions in the
Canada Labour Code to Come into Force
Beginning October 20, 2026, new "Equal Treatment" wage provisions in the Canada Labour Code (the "Code") will require federally regulated employers to review how they set employee wage rates. The changes are intended to prevent employees from receiving lower rates of pay simply because of their employment status as full-time, part-time, temporary, or permanent.

The rules prohibit employers from paying one employee a rate of wage that is less than the rate paid to another due to a difference in employment status if:

• they work in the same industrial establishment;
• they perform substantially the same kind of work;
• the performance of that work requires substantially the same skill, effort and responsibility; and,
• their work is performed under similar working conditions.

Read the full article by Catherine Repel and Tyler Williamson with Clark Wilson LLP.

B.C.'s Pay Transparency Act: New Reporting Requirements
for Employers with 50 or More Employees
By November 1, 2026, British Columbia employers with 50 or more employees in the province must prepare and publish an annual pay transparency report under B.C.'s Pay Transparency Act (the "Act"). This expansion brings many smaller employers within the reporting requirements for the first time.

The Act came into effect on May 11, 2023, with the goal of addressing systemic discrimination and reducing the gender pay gap by increasing transparency around compensation. Its requirements include salary or wage disclosure in publicly advertised job postings, restrictions on asking applicants about their pay history, and protections against retaliation for employees who discuss pay or raise concerns about compliance. Read the full article by Tyler Williamson and Catherine Repel with Clark Wilson LLP.

Fresh Consideration Must Be at Same
Time as the New Contract
In Chowanetz v. Ivor Forest Products Ltd., 2026 BCSC 1760 Justice Wilson had a situation where the employee signed a new employment contract containing an ESA only termination clause after a few years of employment (The 2024 Contract). Prior to the 2024 Contract there was no termination clause.

The employer claimed that there was fresh consideration in that a) his hourly wage went from the original $35 to $38.50 per hour, b) they introduced a RRSP matching program and c) they introduced a discretionary bonus plan. Read the full article from Barry Fisher's Employment Law Blog.

Short Service, Significant Notice: Employer Takeaways
from Ho v. Monk Office Supply Ltd
In Ho v. Monk Office Supply Ltd., 2026 BCSC 1324, the BC Supreme Court awarded four months' reasonable notice to a corporate controller who had been employed for only two-and-a-half months before being terminated without cause. Beyond the notable award, the decision highlights the growing importance of re-employability, rather than seniority alone, in assessing reasonable notice.

Mr. Ho was hired as a corporate controller in April 2024 and dismissed without cause in June 2024. Following his dismissal, it took Mr. Ho approximately five months to secure another corporate controller position, and he did so at a reduced salary. Because his employment agreement did not contain an enforceable termination clause, the Court was required to determine reasonable notice at common law. Read the full article by Lauren Dresselhuis and Tristan Kimball with Lawson Lundell.

B.C. Supreme Court Awards $200,000 in Punitive Damages After
Government Made Public Servant its Political "Scapegoat"
In the recent Taylor v. British Columbia, 2026 BCSC 1047, the Supreme Court of British Columbia awarded the plaintiff, a former public servant, $50,000 in aggravated damages and $200,000 in punitive damages after finding that the Province of British Columbia (the "Province") acted in bad faith during the plaintiff's termination and improperly used her as a political "scapegoat" in response to the fallout from the Ministry of Health "Misfire" controversy.

The decision is noteworthy for two reasons. First, the Court confirmed that an employer cannot withhold severance payments in exchange for a release when the employee is otherwise entitled to severance. Second, the Court held that a public employer terminating an employee due to politically sensitive public controversy and using the employee to absorb public blame for governmental failures amounts to bad faith and attracts aggravated and punitive damages. Read the full article by Reihan Ahmed, Jahaan Premji and Alessia D'Aversa with DWF.

An Attack on the Right to Strike
In recent years, there's been concern about the unprecedented use of section 107 of the Canada Labour Code to end labour disputes and plenty of questions about the unfettered power it gives the federal labour minister.

Now that the federal government has moved to codify the use of section 107 in its latest omnibus bill, the Building Canada Strong Act, which gives the minister the power to use their discretion to end a strike rather than needing to use back-to-work legislation, critics are calling it an attack on the right to strike.

"It goes against what the right to strike means in Canada. We have huge concerns about that," says Siobhán Vipond, executive vice-president of the Canadian Labour Congress. Read the full article by Dale Smith with the CBA National.

Can Local Governments Use Regulatory Powers to Advance
Private Interests? Westcan Recyclers v Calgary
Is Heading to the SCC
In February 2026, the Supreme Court of Canada (SCC) granted leave to appeal from the decision of the Alberta Court of Appeal (ABCA) in Westcan Recyclers Ltd v Calgary (City), 2025 ABCA 67. The SCC will likely hear argument on the appeal in 2027. The case involves important questions about whether a municipality may exercise its regulatory powers to advance its own private commercial interests. Specifically, can the City of Calgary close another private business's main accesses to a road to accommodate the City's own development needs in servicing a nearby City-owned industrial park? The dispute arose from Calgary's plan to expand 68th Street SE in southeast Calgary from a two-lane road into a four-lane divided arterial. The City's Real Estate and Development Services business unit ("REDS") became the developer of the Point Trotter Industrial Park after the original private developer entered proceedings under the Companies' Creditors Arrangement Act. As a condition of subdivision approval, the developer was required to construct the expanded 68th Street. Read the full article by Josh Krusell, Hamish Flanagan, and Robin Gordon with SMS Law.

Municipalities Await Future of Housing Law after
Change in BC Government
Local councils returning to work in the wake of the municipal election are waiting to see what a new BC Conservative government does with provincial housing legislation that forced them to redo their bylaws and official community plans. During the campaign, the party promised to return authority to local governments to determine where housing density will go. The promise was a step back from its threat a couple of years ago to repeal Bill 44, which was enacted by the NDP government in 2023 to stimulate housing starts. The legislation required municipalities to amend their bylaws by mid 2024 to allow four to six units on single-family and duplex lots, effectively up-zoning most of the province. It also outlawed public hearings for development projects that conform to official community plans. The latter raised the ire of many residents, who felt they no longer had any say on what was being built around them. Read the Times Colonist article (paywall).

Recent Changes in Freedom of Information and Privacy Law
A number of interesting developments to freedom of information and privacy law in British Columbia have occurred in the last few months, many of which impact local governments. Some of these developments come from recent amendments to the Freedom of Information and Protection of Privacy Act ("FIPPA"). Others come from policy and procedural updates from the Office of the Information and Privacy Commissioner for BC (the "OIPC"). Together, these changes provide subtle but potentially significant tools for local governments dealing with an influx of increasingly complex and voluminous FOI requests. On May 28, 2026, the Legislative Assembly of British Columbia passed Bill 9 – 2026 Freedom of Information and Protection of Privacy Amendment Act, 2026 (the "Amendment Act"). The Amendment Act provides the most significant changes to FIPPA since the major amendment of the Act in 2021. While a number of these amendments relate to the Province, or to the OIPC's powers and procedures, there are three which are of particular note for local governments. Read the full article by James Barth, published in the Young Anderson Newsletter, Volume 37, Number 3 – UBCM Conference Issue.

Input on Flood Management Guidelines
The Province is currently updating the BC Flood Hazard Area Land Use Management Guidelines, which were last amended in 2018. These guidelines provide suggestions for local governments on floodplain mapping, flood risk assessments, resiliency planning, and development approvals. Local governments are encouraged to provide input during the public review period, which runs until January 31, 2027. Read the UBCM article.

Disturbance Damages: O'Brien v. Grand Forks
A common issue in expropriation matters is that of compensation: the types of losses or expenses that a property owner is entitled to when a local government uses the Expropriation Act (the "Act") to compel a transfer of ownership. The Act sets out the compensation that an owner must receive in this scenario, but questions can still arise, particularly with respect to so-called "disturbance damages". The recent decision of O'Brien v. Grand Forks (City), 2026 BCSC 900 provides helpful guidance in that regard. In this case, a one-in-200-year flood in 2018 significantly damaged the neighbourhood in which the plaintiff property owner lived. As a result of the extensive damage, the City of Grand Forks decided to rezone the area to nonresidential and restore it as a flood plain rather than rebuild the neighbourhood to its previous state. Read the full article by Piers Fibiger, published in the Young Anderson Newsletter, Volume 37, Number 3 – UBCM Conference Issue.

Criminal Code Early Consolidation – Amendments to
Strengthen Victim Notification Requirements
A new federal Order in Council (SI/2026-58) will bring section 35 of An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act (S.C. 2023, c. 28) into force in January 2027, on the 90th day after the Order was made. The amendment updates section 743.2 of the Criminal Code to require courts sentencing or committing an offender to penitentiary to forward to the Correctional Service of Canada the name and contact information of any victim who wishes to receive information under the Corrections and Conditional Release Act. This complements section 726.3 of the Criminal Code, already in force, which requires sentencing courts to inquire whether reasonable steps have been taken to determine if victims wish to receive information about an offender's sentence and its administration. The remaining principal provisions of the 2023 Act, including reforms to the National Sex Offender Registry and publication bans, are already in force. Quickscribe has prepared an early consolidation of the Criminal Code reflecting the upcoming amendment, allowing subscribers to review the revised wording in advance of its commencement.

Carney says Ottawa's Indian Act Review Might
Not End Up Abolishing the Law
A new process to review the Indian Act won't necessarily lead to the controversial law's termination, Prime Minister Mark Carney said Tuesday [October 27] as an activist with the Idle No More movement warned his government to tread carefully. On Monday [October 26], during a historic gathering of federal, provincial and First Nations leaders in Ottawa, the prime minister said he was "very open to" the idea of abolishing the Indian Act. The law, which dates from 1876, gives Ottawa sweeping powers over First Nations communities and people, including the authority to decide who qualifies for status and what reserves can and can't do. The Indian Act also dismantled traditional forms of governance and, at one point, outlawed ceremonial practices. It even affects First Nations people after they die. The Indigenous Services minister is required to approve wills for people living on reserve and has the power to void them altogether. Manitoba Premier Wab Kinew, who is Anishinaabe, called for the repeal of the Indian Act during a break in the meeting in Ottawa on Monday. Kinew, a member of Ojibways of Onigaming First Nation, held up his own First Nations status card and said abolishing the Indian Act should be high on the national political agenda. He said his proposal received an "open-minded reception" from other leaders in the closed-door meeting. Read the full article published by The Canadian Press.

Courts 'Cannot Provide an Unlimited Audience' to
AI Filings, BCCA Justice Warns Litigants
As individuals representing themselves in court increasingly rely on artificial intelligence tools to prepare their court submissions, courts will likely have to invest more resources into wading through both hallucinated materials and long lists of irrelevant citations, a justice for the British Columbia Court of Appeal warned litigants on Wednesday [October 7]. It's a development that's raising access to justice concerns, BCCA Justice Susan Griffin wrote in her decision in 1182573 B.C. Ltd. v Gerber, a civil case involving a self-represented party who told the justice he had relied on AI to prepare his submissions. Read the full article by Jessica Mach with Canadian Lawyer.

'Impossible to Uphold Indigenous Rights'
A bill promising a sweeping overhaul of Canada's project approval process could also have serious implications for the Crown's duty to consult with Indigenous people, legal experts say. Bill C-39, the Building Canada Strong Act, was introduced by the federal government on September 21 and has now passed second reading. Federal Liberals have called the 243-page bill one of the most important economic pieces of legislation in a generation, as Canada shores itself up against the threat posed by the Trump administration south of the border. The bill aims to improve the efficiency of approvals for major projects, including by targeting a one-year timeline for decisions. Read the full article by Moira Donovan with CBA National.

The Process of Patching up Privacy Problems: Examining How the
Digital Safety and Data Protection Commission of Canada under
Bill C-34 and Bill C-36 Makes Decisions
Bill C-34 and Bill C-36 propose significant changes to Canada's private sector privacy and digital safety legislation that will impact both the general public and organizations that use personal data. Our articles on Bill C-34 and Bill C-36 discuss the additional changes brought about by the proposed legislation, focusing on digital safety matters and private sector privacy law. Among the changes advanced by both bills, the most sizeable shift in privacy enforcement is the creation of the Digital Safety and Data Protection Commission of Canada (the "Commission"). Under Bill C-34 and Bill C-36, the Commission's mandate is clear: to investigate privacy complaints and digital safety issues, establish rules that govern the collection, use, and disclosure of personal information by organizations during commercial activities, and enforce compliance with privacy and digital safety legislation. While both bills comprehensively set out the subject matter the Commission will address, the process of handling its mandate is much less clear and is subject to further regulation. For this reason, it is crucial to understand how the Commission approaches privacy and digital safety issues under the proposed legislation. Read the full article by Scott Lamb and Jeff Holowaychuk with Clark Wilson LLP.

BCCA Upholds Certification of Class Action Challenging
COVID-19 Lockdowns in Correctional Facility
A lawsuit that accuses a Mission, British Columbia correctional facility of breaching inmates' Charter rights when it confined them to their cells for long periods during the COVID-19 pandemic can move forward as a class action, the BC Court of Appeal has ruled. Released Oct. 2, the appellate court's decision in Canada (Attorney General) v. Roberts affirms a previous ruling by the BC Supreme Court, which found last year that the lawsuit satisfied every criterion for class certification under the province's Class Proceedings Act. Under the act, a lawsuit must meet five criteria – including proving that its claims raise issues common to all class members and that a class action is the preferable method for resolving the conflict – to be certified as a class action. Read the full article by Jessica Mach with Canadian Lawyer.

BC Conservatives' Promise to Repeal Legal Professions
Act May Render Litigation with LSBC Moot
In the wake of the Conservative Party of British Columbia winning a majority government in the province this weekend, the Law Society of BC is betting on the party's promise to repeal the Legal Professions Act, the controversial legislation that the legal regulator has been fighting for years. Passed in 2024 by the BC NDP, the Legal Professions Act seeks to bring lawyers, paralegals, and notaries – who have long been overseen by separate regulatory bodies – under a single regulator. While the LSBC has said it is in favour of a single regulator for all three professions, it took issue with the legislation introducing a new governing board for the regulator, which would give lawyer-elected lawyers less power than they currently hold at the LSBC. Read the full article by Jessica Mach with Canadian Lawyer.

Setting Long Chambers Applications for Hearing
Chief Justice Skolrood has issued Administrative Notice 21 – Setting Long Chambers Applications for Hearing, which clarifies that reserved hearing dates for long chambers will be lost if the application is not set for hearing in accordance with the timelines in the Supreme Court Rules. AN - 21 will come into effect on December 1, 2026. Source: BC Supreme Court

Inquiries Concerning Reasons for Judgment
The Court has issued new guidance regarding the circumstances in which a party or counsel may submit an inquiry to the Court regarding the status of a reserved judgment. The new guidance, available here, replaces directions about inquiries concerning reasons for judgment previously provided in Practice Direction 27, which has been amended. Source: BC Supreme Court

How Long Can Shelter Animals Be Left Alone Overnight?
BC Advocates Want a Limit Written in Law
A North Vancouver man's report of a dog crying through the night at a local animal shelter has ignited a push from pet advocates to write into law how long shelter animals can be left alone. Those concerns came into focus in late September, when Daniel Weidner posted online about hearing a dog, named Luna, crying overnight at a local animal shelter for more than a week. "It was midnight all the way through until 6 or 7 a.m.," Weidner told CBC News, after posting about Luna on Facebook. While BC's Prevention of Cruelty to Animals Act (PCA) requires people responsible for animals to protect them from distress, it doesn't set a maximum length of time that shelter animals can be left without staff on site. That leaves staffing decisions to local shelters. But some advocates want clearer rules and more oversight from the province. Read the CBC article.

Split SCC Orders New Trial for Driver Acquitted after
Causing Fatal Car Accident
The Supreme Court of Canada has ordered a new trial for a driver whose car killed a child and injured the child's father when he ran a red light in downtown Vancouver, finding that a trial judge conducted a flawed analysis when acquitting the driver. Writing for a majority of the high court's justices, SCC Justice Michelle O'Bonsawin said Friday's ruling in R. v. Moshfeghi Zadeh clarifies when a driver's lack of attention to the road markedly departs from the standard of care a reasonable person would have exercised in the same circumstances. Read the full article by Jessica Mach with Canadian Lawyer.

Province to Replace Intersection Safety Cameras
Last month, the Province announced that it will replace all existing intersection safety cameras in British Columbia through a phased implementation process, to be completed in spring 2027. There are currently 140 intersection safety cameras (ICS) that enforce red light violations, including 35 that also conduct speed enforcement. The primary reason for replacing these cameras is that they are nearing the end of their working life, and their technology has become outdated. New cameras will be higher in resolution, while also providing the same level of enforcement and data as the previous technology. Existing cameras will remain operational during the period when new cameras are being installed. Read the UBCM article.

Transportation of Firmware-limited
Lithium-ion Cells and Batteries
Nothing in this guidance document supersedes any requirement or obligation outlined in the legislation. It does not amend, replace or override the Transportation of Dangerous Goods Act, 1992 (TDG Act) or the Transportation of Dangerous Goods Regulations (TDG Regulations). Anyone who handles, offers for transport, transports or imports dangerous goods is responsible for determining whether the Act and Regulations apply to their activities and for complying with all applicable requirements. This document is meant to provide guidance on how to understand and carry out the requirements related to the transportation of firmware-limited capacity lithium-ion cells or batteries. Read the full document published by Transport Canada.

CVSE Bulletins & Notices
The following document was posted recently by CVSE:

• NSC Bulletin 02-2023 – Publication of Carriers Cancelled for Cause

For more information on these and other items, visit the CVSE website.

Passenger Transportation Board Bulletins
The following updates were recently published by the BC Passenger Transportation Board:

Applications Received

• 25933-26 – Surfside Adventure Tours
• 26023-26 – Connect Airport Transfers
• 25863-26 – Ad Limo Services
• 25918-26 – EV Taxi Ltd.
• 26024-26 – Van Limos Service Ltd.
• 26158-26 – Mountain Car Service Ltd.

Application Decisions

• 25363-26 – Atlas Private Car Service [Approved]
• 24604-25 – Northern Rainforest Safaris, NRS [Approved]
• 26714-26 PS TOP – Sapphire Limousine Ltd. [Approved]
• 24495-25 – Hallcon Crew Transport Canada [Approved in Part]
• 24703-25 – Sidney Taxi [Approved in Part]
• 24702-25 – Victoria Taxi Transportation Ltd. [Refused]
• 24701-25 – Westwind Cabs Ltd. [Approved in Part]
• 26740-26 FS TOP – 437222 BC Ltd. [Approved]
• 25602-26 – Transfer from Cando Venture Corp. to Kooterra Venture Corp. [Approved]
• 25250-26 – Bluebird Cabs [Approved]

Visit the Passenger Transportation Board website for more information.

BC MPs Renew Push for Federal
Recognition of Wildland Firefighters
BC MPs Gord Johns (NDP) and Bob Zimmer (Conservative) joined union representatives in Ottawa on October 26 to renew calls for the federal government to formally recognize wildland and forest firefighters under Canada's National Occupational Classification (NOC) system. Currently, forest firefighters are classified as silviculture and forestry workers (NOC 84111) rather than firefighters (NOC 42101). Advocates argue that this distinction fails to reflect the hazardous nature of their work and may contribute to disparities in occupational recognition, benefits and workplace protections. The issue was previously raised through private member's Motion M-33, Wildland and forest firefighters, introduced by Johns on May 7, 2026. The motion calls for changes to the classification and greater recognition of wildland firefighters as public safety personnel but has not advanced beyond the notice stage. The federal government has indicated that revisions to the NOC are expected in December 2026. However, it has also clarified that occupational classifications do not independently determine eligibility for health benefits or public safety pension provisions.

Safety Violation Does Not Defeat Due Diligence: BC's Workers'
Compensation Appeal Tribunal Cancels $57,000 Penalty
A recent Workers' Compensation Appeal Tribunal (WCAT) decision provides useful guidance on the due diligence defence available to employers facing occupational health and safety administrative penalties. In A2300616 (Re), 2026 CanLII 54697 (BC WCAT), WCAT cancelled a $57,282.25 administrative penalty arising from an excavator rupturing a natural gas line. Although the employer contravened the Occupational Health and Safety Regulation, WCAT found that it had taken all reasonable steps to prevent the violation and had therefore established due diligence. Read the full article by Sam Tecle with Gowling WLG.

A Workplace Accident Happened. Do You Need to Call WorkSafeBC?
WorkSafeBC issues Occupational Health and Safety Guidelines to assist in applying, interpreting and complying with sections of the Workers Compensation Act (the "Act") and the Occupational Health and Safety Regulation. This past month, WorkSafeBC issued a revised version of Guideline G-P2-68-1 "Accidents and incidents requiring immediate notification to WorkSafeBC", which applies to section 68(1) of the Act (the "Guideline"). Section 68(1) requires employers to immediately notify WorkSafeBC of the occurrence of injuries falling within certain categories. Read the full article by Michelle Jones and Nicole Welsh with Lawson Lundell.

CSA Group, WorkSafeBC Launch National
Rigging and Hoisting Standard
CSA Group and WorkSafeBC have signed an agreement to fast-track a national standard defining the competencies needed to safely perform rigging and hoisting work, the two organizations announced on October 28. No such Canadian standard currently exists. The proposed standard would set a common, nationally recognized benchmark for the knowledge, skills and abilities required for rigging and hoisting across construction, manufacturing, transportation, energy and marine operations. CSA Group, an accredited standards development organization, will lead the drafting process, with work beginning this fall. Read the full article by Shane Mercer with Canadian Occupational Safety magazine.

Delayed Punishment Might Mean Less Punishment in OHS Cases
Our readers will be aware that, in 2016, the Supreme Court of Canada (the "SCC") set time limits for how long prosecutions in Canada should take. That was in R. v. Jordan. Generally speaking, in occupational health and safety prosecutions, a trial must finish within 18 months of the charges being laid. If that doesn't happen, the charges can be stayed. In this way, Jordan addressed the time between charges being laid and the delivery of a verdict. However, some question remained about delay in the time between conviction and the imposition of sentence. The SCC has now clarified the law applicable to delay in this period too. On September 11, 2026, the SCC released its decision in R. v. R.B.-C. which held that, unlike the time before a verdict, no presumptive ceiling or specific time limit applies. Rather, the delay becomes too much when the time taken to impose sentence was markedly longer than it reasonably should have been in all the circumstances (the "Markedly Longer Test"). This decision, like other caselaw about delay in prosecutions, will apply to parties convicted of regulatory offences, including those under occupational health and safety ("OHS") legislation. For that reason, it is worth knowing about. Read the full article by Jeremy Warning and Megan Jenkinson with Mathews, Dinsdale & Clark LLP.

OHS Policies/Guidelines – Updates
Guidelines – Occupational Health and Safety Regulation
October 15, 2026

• Part 16: Mobile Equipment
  • Lift trucks – Rotating telehandler standard and operator training

Visit the WorkSafeBC website to explore this and previous updates.

Big Little Misrepresentations – Developer Disclosures to Purchasers
Under BC's Real Estate Development and Marketing Act
Under the Real Estate Development and Marketing Act, S.B.C. 2004, c. 41 ("REDMA"), developers are subject to disclosure requirements before marketing a development unit and must correct misrepresentations within their disclosure statements. A disclosure statement generally contains information for the benefit of the purchasers, and depending on the type of development, can include information about the developer, the development property, servicing information, construction dates, and development approvals and financing. But what are the consequences when a developer fails to correct a misrepresentation and subsequently enters restructuring proceedings under the Companies' Creditors Arrangement Act? This question was recently considered by the British Columbia Supreme Court in Kingsett Mortgage Corporation v. Lumina Eclipse Limited Partnership [2026 BCSC 1598], which held that pre-sale contracts were unenforceable against the purchasers as a result of misrepresentations contained in the developer's disclosure statements under REDMA. In this article, we breakdown disclosure obligations under REDMA and the implications of Kingsett for developers. Read the full article by Diana Wang with Civic Legal.

British Columbia's New Mortgage Regulatory Regime:
What Industry Participants Need to Know
British Columbia's new Mortgage Services Act (the "MSA") came into force on October 13, 2026, replacing the long-standing prior legislation, the Mortgage Brokers Act (the "Prior Legislation"). The MSA represents the most significant overhaul of mortgage regulation in British Columbia in decades, introducing a broader scope of regulated activities, a modernized licensing framework, and substantially enhanced enforcement powers. The MSA regime is administered by the British Columbia Financial Services Authority ("BCFSA"). Read the full article by Jason Kroft, Clément Stacey and Alana Scotchmer with Gowling WLG.

Cowichan Tribes to Propose Solution Protecting
Private Property in January: Lawyer
The lawyer for the Cowichan Tribes said they will make a proposal in January that protects private property rights in the landmark Aboriginal title case that the BC Conservatives have said calls into question who controls British Columbia. Lawyer David Rosenberg said that if it has "the right attitude," the incoming Conservative government will find it easier to resolve the Cowichan case than to repeal the Declaration on the Rights of Indigenous Peoples Act, known as DRIPA. The 2025 Cowichan ruling on a portion of Crown, city and private land in Richmond, BC, found that Aboriginal title is a "senior interest" compared with fee-simple title, and sections of BC's Land Title Act that establish fee-simple title as "indefeasible" do not apply to Aboriginal title. Read the BIV article.

Can an Unpaid Contractor Claim a Developer's Municipal
Construction Deposit? BC Court Says Not Here
The Supreme Court of British Columbia approved the $37.5 million receivership sale of a West Vancouver development and rejected attempts by a project manager and an unpaid contractor to claim priority over a $2.61 million municipal construction deposit. The developer's contractual rights to any refund were covered by its lender's perfected security interest. The ruling [2026 BCSC 1928] distinguishes money securing municipal works from payments owed under a construction contract. A contractor cannot treat a development deposit as available trust funds merely because its work relates to the same project. Read the full article by Mike Stewart with ATAC Law. 

Relief from Forfeiture in Commercial Lease Renewals
Commercial leases usually contain specific requirements that a tenant must observe in order to avoid a breach of the lease. Breaching the lease often entitles the landlord to terminate the lease and require the tenant to vacate the premises. Relief from forfeiture is a powerful remedy that, in exceptional cases, allows a court to reinstate a commercial lease even when the landlord's termination of the lease was valid. The courts of British Columbia will only grant this remedy to prevent harsh or unfair outcomes to tenants in cases where the breach is fairly minor or technical, where the termination would result in a substantial loss to the tenant, and where reinstatement of the lease would not be unfair to the landlord. Read the full article by Anna Sekunova, Cameron Fox and Tatum Sabourin with Clark Wilson LLP.

Why Your Will Should be Made with a Lawyer, Not Left in an Envelope:
Alexander Estate (Re), 2026 BCSC 2092
On October 29, 2026, the Supreme Court of British Columbia released its reasons in Alexander Estate (Re), 2026 BCSC 2092. The Court admitted a 2018 will and a 2025 codicil to probate in solemn form, and rejected the claim that photocopies of a purported 2024 will (in two versions) and an unsigned letter were the deceased's true testamentary documents. The applicant was represented by Braeden J. Rahn and Geoffrey W. White, K.C. at a three-day court hearing.

Background
Shirley Isobel Alexander died at her home in Lac La Hache on April 29, 2025, at the age of 80. She had no spouse or descendants, and her next of kin were her first cousins. Her estate was worth approximately $5.5 million.

Read the full article by Braeden J. Rahn, TEP, with Clark Wilson LLP.

Avoiding Unclaimed Funds in Litigation and Estate Practice
Every day of the week, five British Columbia court proceedings will see funds that were paid into court become unclaimed. Those funds are then transferred to the BC Unclaimed Property Society. Over the course of the twenty-three years of BC Unclaimed's operations, that is nearly 28,000 unresolved court cases with cash left on the table–or rather–in the court registry. As a legal professional, how do you make sure these monies don't belong to your client? How do you meet your ethical obligations to self-represented opposing parties so that their funds do not become unclaimed? Read the full article by Sherry MacLennan with BarTalk.