Determining Capability – Horan v Fraser Health Authority, 2022 BCSC 1951
By Polly Storey In a recent decision of the BC Supreme Court, Justice Iyer has provided guidance regarding how capacity to consent to support and ... Continued
Claws and Effect – Family Separation and the Family Pet
As more families choose to adopt pets, the law may need to catch up with collective expectations and feelings surrounding those companion animals. The Ministry ... Continued
Getting Ready to Use the New Public Company Financing Exemption
The new prospectus exemption available to public companies listed on a Canadian stock exchange (the “New Exemption”) comes into force on November 21, 2022. Our previous ... Continued
Consultation with Indigenous Peoples in the Provincial Legislative Process
By Saul Joseph Background The Government of the Province of British Columbia (Province) has taken a further step towards the implementation of the Declaration on ... Continued
Certainty in Surrogacy: The Dangers and Realities of Informal Surrogacy
In a high-conflict case out of the Ontario Superior Court of Justice, the reality and dangers of entering into a surrogacy agreement without proper legal ... Continued
B.C. Supreme Court Reaffirms Low Bar to Trigger an Insurer’s Duty to Defend
KBK No. 11 Ventures Ltd. v. XL Insurance Company Ltd, 2022 BCSC 1652 re-affirms that the threshold for triggering the duty to defend is ... Continued
Changes to Privacy Law: FIPPA and Freedom of Information Requests
By Lauren Zeleschuk British Columbia’s public sector privacy legislation, the Freedom of Information and Protection of Privacy Act (“FIPPA”) was amended on November 25, 2021. ... Continued
Vancouver City Council adopts strategy for the implementation of UNDRIP
By Saul Joseph On October 25, 2022, Vancouver became the first city in Canada to formally adopt a strategy (Strategy) for the implementation of the ... Continued
Case Comment: Parkbridge Lifestyle Communities Inc. v. New West Custom Homes (Kelowna) Inc., 2022 BCCA 299 – Interaction between the Builders Lien Act and the Land Titles Act
By Dan W. Melnick In recent years, our courts have considered the interaction between lien rights that arise under the Builders Lien Act, RSBC 1997, ... Continued
Not For Sale: Canada Closes The Door To Foreign Home Buyers
By Chris Sharpe and Manveer Sall The federal government has introduced legislation that bans the purchase of residential real estate by non-Canadians. The Prohibition on the ... Continued
“Ready, Willing, and Able”: BC Court Clarifies Law on Sufficiency of Tender in Real Estate Transactions
By Anna Sekunova and Cameron Fox Parties negotiating agreements for sale of real estate always hope that closing day goes smoothly – but it is ... Continued
Changes to Privacy Law: FIPPA, Data Residency Rules and Privacy Impact Assessments
By Jeff Holowaychuk The amendments to the Freedom of Information and Protection of Privacy Act (FIPPA) late last year ushered in a new era for ... Continued