Many British Columbians are making the decision to purchase a unit in a development that is not yet constructed. This decision is usually the largest purchase a person will make in their lifetime and is often both an exhilarating but also nerve-wracking experience. And while there are advantages to “purchasing pre-sale” there are also some risks and other issues that…
The steps of commencing an action can be complex, this article aims to offer some clarity about the main steps you should consider when commencing an action by notice of civil claim in British Columbia (B.C.). Choosing a Court Both the Small Claims Court and the Supreme Court of BC handle general civil law matters. Small Claims Court is for…
One of the most important parts of the home-buying process is having a professional home inspection performed. Sometimes, the home will receive top marks, with no issues found (or a few minor issues that can be easily fixed). Most of the time, however, there will be some major issues that need to be addressed before you commit to buying the…
It is common knowledge that strata councils operate with the interest of the building in mind, not the interest of an individual owner. In a recent dispute, Nabeel Moallem, a lawyer at Sodagar & Company, overturned a strata council’s decision that an insurance deductible in the sum of $25,000 was due and payable by an individual owner. Our client was…
On February 19, 2020, the British Columbia (BC) government introduced Bill 7 – 2020: Arbitration Act (the “New Act”) to redefine and modernize arbitration proceedings in BC. By way of Order in Council, these changes will come into force on September 1, 2020, at which time the current Arbitration Act (the “Old Act”) will be repealed. Key Changes in the…
What is the Civil Resolution Tribunal? The Civil Resolution Tribunal (the “CRT”) is Canada’s first online dispute-resolution tribunal. The CRT has jurisdiction over the following: small claims disputes of up to $5000, strata property disputes, motor vehicle injury disputes, and societies and cooperative associations disputes. The CRT’s mandate is to encourage the resolution of disputes by agreement between parties, or…
In 2017, Parliament enacted the Genetic Non‑Discrimination Act (the “Act”). The Act was created to protect Canadians genetic information, who otherwise would be forced to take a genetic test or provide the results to employers and insurance companies. The Act introduced the first nationwide penalty against genetic discrimination, including a fine up to one million dollars and/or imprisonment for five…
On February 1, 2017, British Columbia (B.C.) became the sixth province in Canada to introduce franchise legislation with the coming into force of the Franchises Act, and Franchises Regulations, respectively. Whether you are inquiring into becoming or already are a practicing franchisor or franchisee, you should be informed as to what your legal obligations and rights are when franchising in…
Conflict in commercial relationships happen, and the mechanisms chosen to handle these disputes should be given a sufficient amount of thought and planning. All too often, parties turn to litigation to resolve their legal disputes before considering other dispute resolution processes. One process that has become increasingly visible and relied upon as an effective alternative to pursuing litigation is arbitration.…
Registering your business is probably one of the biggest considerations that you will have to make. A series of factors go into play when making your decision including the scale of which you’d like to operate your business. If you opt to incorporate your business, the next choice you have to make is whether you’d like to incorporate it federally…