All Posts

Blog

Learning More About the Civil Resolution Tribunal

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…

Genetics and the Law

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…

Franchising in British Columbia: Advantages and Disadvantages Franchisors and Franchisees Should Consider

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…

Dispute Resolution & Arbitration: What to Consider When Entering into a Commercial Agreement in British Columbia

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.…

Federal vs. Provincial Incorporation

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…

12 Must-Haves for a Residential Tenancy Agreement

Landlords need to prepare a written agreement for every residential tenancy. However, a verbal agreement is still valid and enforceable. It’s also important to note that the standard terms found in the B.C. Residential Tenancy Act (RTA) still applies regardless of whether a written agreement is present. Additional Considerations Paying a security deposit confirms tenancy Tenants and landlords must both…

8 Things to Include in an Employment Contract

Some employees are hired pursuant to a verbal contract of employment. For others, the terms of the contract are set out in a formal written agreement. Written or oral, the agreement between employer and employee is a contract. If some terms of the agreement are uncertain, then basic rights and obligations are implied at law. In addition, all employment agreements…

Key Considerations for a Joint Venture

Joint ventures (JV) are quite common when two or more parties want to start a new project or reach a particular goal. However, prior to entering such an agreement, it’s important that each venturer is protected. By outlining each partner’s expectations in the beginning, they’ll most likely avoid conflict down the road. The goal is to protect each individual’s business…

Non-Compete vs. Non-Disclosure Agreements

Courts are responsible for determining whether non-compete and non-disclosure agreements are enforceable. This is because employee mobility is high with employees seeking different opportunities and consequently, employers seeking security.  In terms of employment, non-compete and non-disclosure agreements are legal instruments that restrict the actions of an employee. These restrictive covenants essentially protect the well-being of a company. For example, former…