If your intentions as to your estate are not clarified to the extent required by law, you will be intestate. In such cases, the additional costs associated with probating your estate can cause great strain to your survivors. It is always advisable to have a clear, valid will in place, representing your final wishes as your estate, to avoid any…
While not the most pleasant of thoughts, planning your estate is crucial to protecting your family from legal difficulty after you have passed. Most areas of law are mired in red tape, and pages after pages of requirements to ensure validity and enforceability. Because of the potential complications, it is advisable to act sooner rather than later. An improperly arranged…
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changes will come into force on September 1, 2020, at which time the current Arbitration Act (the “Old Act”) will be repealed.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…