A: Introduction On October 27, 2017 the Supreme Court of Canada (the “SCC”) released Teva Canada Ltd v TD Canada Trust, 2017 SCC 51. The SCC decided that banks had…
Are you a professional who would like to learn more about the perils and pitfalls of joint-tenancy ownership, as it relates to estate planning, to better advise your clients? In…
Documenting Intention After Transfer As more and more people look to joint tenancy as a “cheap” or “self-help” way of estate planning, we continue to raise concerns about the disadvantages…
Blue Mountain Log Sales Ltd. v Lloyd’s Underwriters, 2017 BCSC 1872 (“Blue Mountain”), is a judgment of Justice Walker of the Supreme Court of British Columbia released on October 20,…
The Forgotten Estate Planning Tool Is there a Shareholders’ Agreement in place? Did you know that it is a critical component of a small business owner’s estate and succession plan?…
In a recent court case in BC, a factually untrue, written explanation by a Will-maker for disinheriting a family member proved inaccurate and was ultimately ignored by the Court. We…
When a relationship breaks down, resulting in an Agreement or Court Order pertaining to spousal support or child support, it is rare that the parties contemplate what would happen to…
Since 2007 and the ground-breaking Supreme Court of Canada case of Pecore v. Pecore (“Pecore”), the Courts have decided many cases concerning assets held in joint tenancy, and have had…
Do You have a Claim? As estate lawyers, we get a lot of questions about wills variation – questions like, what is wills variation? Who can vary a Will? How…
On April 13, 2017, the federal government introduced legislation to decriminalize and regulate the recreational use of cannabis (otherwise known as marijuana) in Canada. The target date for implementation is…
In most Estates, there is no reason to fault the Executor, but one who abuses his/her power, causes harm to the Estate, or fails to perform duties properly can warrant…
If you’re the beneficiary of an estate, it may often appear that you are at the mercy of the executor, regardless of how lazy, incompetent, or even dishonest that person…
In a prior bulletin, we wrote about common errors and misconceptions that executors often encounter when administering estates. Here are some more common mistakes that executors make: Not following the…
Life Insurance Trusts During a previous bulletin, we discussed the downsides to naming a child (under age 19) as a direct beneficiary of a life insurance policy. Most significantly, the…
What Is Probate? Probate of a Will gives the executors the court-sanctioned authority to deal with the estate assets, as directed by the Will. Probate of a Will is not…
The laws in British Columbia regarding wills changed dramatically in March of 2014, when the new Wills, Estates and Succession Act (“WESA”) came into force. One of the most significant…
Every so often we encounter a client (the “Insured”) who has designated their young children (or child) as the direct beneficiaries of their life insurance policy (the “Policy”). Most commonly…
A person must be “of sound mind, memory and understanding” to be able to make a valid Will. This means that the person must be sufficiently clear in his/her understanding…
The Provincial Government has recently enacted the Conflict of Interest Exceptions Regulation in response to the British Columbia Court of Appeal’s decision in Schlenker v Torgrimson, 2013 BCCA 9 (“Schlenker”).…
True Construction Ltd. v Kamloops (City), 2016 BCCA 173 Introduction On April 21, 2016, The British Columbia Court of Appeal released the decision True Construction Ltd. v Kamloops (City), 2016…
Where a married or common law couple separates and enters into a separation agreement with respect to division of their assets, the terms of that agreement can trump the rights…
The Province of BC has announced welcome changes to its disability assistance program. Persons with Disabilities (PWD) recipients can now receive and keep up to $100,000 in gifts or inheritances,…
The Provincial Government has recently announced proposed revisions to the Local Government Act. The purpose of this revision is not to change the Act in any substantive way, but merely…
Todd Brothers Contracting Ltd. v. Algonquin Highlands (Township), 2015 ONCA 737 Introduction On November 3, 2015 the Ontario Court of Appeal released Todd Brothers Contracting Ltd v. Algonquin Highlands (Township)
Abbotsford (City) v Shantz, 2015 BCSC 1909 (“Shantz”) Introduction On October 21, 2015, The British Columbia Supreme Court released the decision Abbotsford (City) v Shantz, 2015 BCSC 1909 (“Shantz”). The…
Forestieri v. Urban Recreation Ltd. 2015 BCSC 249 This case is of significant interest from a risk management point of view even though it does not actually involve a local
Introduction On June 10, 2013, the Federal Health Minister announced new regulations for the prescription, production, and dispersal of medical marihuana in Canada. The regulations were published in the Canadian…
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