The Tests for Undue Influence for Testamentary Gifts and Inter Vivos Transfers
Background In Seguin v. Pearson, 2018 ONCA 355, the appellant appealed an Ontario Superior Court of Justice decision in which the trial judge dismissed her ... Continued
Does “Death Do Us Part”? Separating the Living from the Dead in Family Law and Estate Litigation
A recent decision from the Court of Appeal for British Columbia outlines the rights and obligations between spouses in life and after death, and how ... Continued
Obtaining an interim advance on legal fees under the Family Law Act
In a recent BC Supreme Court case, Zhang v. Fan, 2018 BCSC 2162, Clark Wilson LLP successfully obtained a $350,000 interim advance for legal fees ... Continued
Clark Wilson officially certified as a “Great Place to Work”
Clark Wilson LLP is pleased to announce that we have been certified as a Great Place to Work by Great Place to Work® Institute Canada. ... Continued
Canary in the Mine – Legal Considerations for Green Buildings
There is a global demand and corresponding shift towards sustainable construction practices and more efficient, higher performance buildings. This is not surprising since building projects ... Continued
Fall Surprise: Parliament Tables New Trade-mark Amendments
More amendments tabled to the Trade-Marks Act before the previous amendments, tabled four years ago, have even been implemented. On October 29, 2018, Parliament tabled ... Continued
The Law of Privilege: What happens when company law collides with family law?
A new case from the Supreme Court of British Columbia shows that privilege may stop a director who is also a spouse in a family ... Continued
Strata Developers must act quickly to comply with new Assignment Registry requirements
On November 5, 2018, the provincial government of British Columbia approved amendments to the Real Estate Development Marketing Act and the Real Estate Development Marketing ... Continued
Delays Nourish Desires: Canada’s New Trademark Laws Come Into Force June 17, 2019
Earlier today, the Canadian Intellectual Property Office announced that long-anticipated amendments to Canada’s trademark laws will come into force on June 17, 2019. It also ... Continued
Case Comment – Gully v Gully: Giving a Gift of Joint Tenancy Can Come Back to Bite the Donor
The case of Gully v Gully, 2018 BCSC 1590 provides useful insight on a peril of putting property into joint tenancy. The decision illustrates the ... Continued
Insurance Covenant in Construction Contract – Requirement to Obtain Insurance Acts as Voluntary Assumption of Risk
Jacobs v. Leboeuf Properties Inc., 2018 ONSC 4795 Covenants to insure are common in commercial leases and construction contracts. The insurance covenant is a contract ... Continued
To Incorporate Or Not To Incorporate, That Is The Question
When starting a new venture, an often cited question of many entrepreneurs is whether to incorporate their venture, or to operate their venture as either ... Continued