Author Archive:
Lauren Liang
Incapacity Planning Pitfalls: the Risks of Poor Drafting in Derreth (Re)
Read more: Incapacity Planning Pitfalls: the Risks of Poor Drafting in Derreth (Re)Incapacity planning As Canada’s population continues to age, it has become increasingly important to understand the legal options available if your loved ones are struggling to take care of themselves. If you, or someone you know, has been appointed as an Attorney (under a Power of Attorney) or as a Representative (under a Representation Agreement)…
Reminder: My “How to Buy or Sell a Business” Seminar Returns in September
Read more: Reminder: My “How to Buy or Sell a Business” Seminar Returns in SeptemberThursday, September 19th, 20248.30 am to 1.00 pm | Vancouver, BC Join me at a confidential seminar to learn valuable strategies for your next transaction. Register today to secure early bird pricing! Whether you are a business owner contemplating your exit strategy now, or in the next 5 to 10 years, or you are focused on…
A Tackle Too Far: The Standard of Care in Recreational Sports
Read more: A Tackle Too Far: The Standard of Care in Recreational SportsBy Imroz Ali and Simon Wu Is the careless or reckless execution of a permitted sport maneuver negligent? The British Columbia Court of Appeal, in the recent decision of Miller v Cox, 2024 BCCA 3 (“Miller”), upheld the Trial Judge’s findings that the appellant’s execution of a slide tackle in a recreational soccer league game fell below the requisite…
Wills Causing Spills: Caution – Pour-Over Clauses are Void in B.C.
Read more: Wills Causing Spills: Caution – Pour-Over Clauses are Void in B.C.By Pavneet Grewal and Zachary Murphy-Rogers If you are or know someone who moved to British Columbia and has a U.S.-style ‘pour-over will’, we strongly encourage seeking local estate planning advice. A ‘pour-over will’ is a will that includes a clause by which the will-maker names a trust that was created during their lifetime (“pre-existing trust”) as a…
Probate Fee Avoidance: The Potential Benefits and Challenges of Using Multiple Wills
Read more: Probate Fee Avoidance: The Potential Benefits and Challenges of Using Multiple WillsBy Tadhg Bradford and Zachary Murphy-Rogers You may be familiar with the term “probate”. Probate is the process through which the BC Supreme Court issues a grant of probate, which is legal confirmation of the validity of a Will and the Executor’s authority under it. Under the probate process, the Executor of a Will must disclose all the…
When will a “belt and suspenders” approach work? Considering claims where alternative relief is sought in a builders lien claim
Read more: When will a “belt and suspenders” approach work? Considering claims where alternative relief is sought in a builders lien claimThose in the construction industry are well aware that a contractor or subcontractor who performs or work or supplies materials to an improvement is entitled to a builders lien for the price of such work and materials to the extent the same remain unpaid. It is also well-known that in order to perfect a builders…
Countdown to Compliance: Canada’s Modern Slavery Act and Implications for Junior Issuers
Read more: Countdown to Compliance: Canada’s Modern Slavery Act and Implications for Junior IssuersThe initial reporting deadline under Canada’s new modern slavery act, Fighting Against Forced Labour and Child Labour in Supply Chains Act (the “Act”), is fast approaching, with the initial annual report due on May 31, 2024. The Act was enacted to combat forced labour and child labour by requiring certain government institutions and private entities to disclose their…
Save the Date: My “How to Buy or Sell a Business” Seminar Returns in June
Read more: Save the Date: My “How to Buy or Sell a Business” Seminar Returns in JuneSave the Date: My “How to Buy or Sell a Business” Seminar Returns in June Thursday, June 6th, 20248.30 am to 1.00 pm | Vancouver, BC Join me at a confidential seminar to learn valuable strategies for your next transaction.Register today to secure early bird pricing! Whether you are a business owner contemplating your exit…
Avoid Nightmares in Dream Home Construction: The Importance of Carefully Drafting and Following Your Construction Contract
Read more: Avoid Nightmares in Dream Home Construction: The Importance of Carefully Drafting and Following Your Construction ContractBy Denny Chung Ellcar Ventures Ltd. v. MacLeod, 2023 BCSC 2095 reminds all construction stakeholders to pay close attention when drafting and executing their contracts. Where possible, include contractual terms to address contingencies that impact the contract scope, price, and time. Document the progress of the project in writing, including all communications especially when issues arise. Most importantly,…
Risky Business: A Crash Course for BC Employers on Terminations, Damages & Prohibited Actions
Read more: Risky Business: A Crash Course for BC Employers on Terminations, Damages & Prohibited ActionsBusiness owners and human resources professionals won’t want to miss this timely and informative 90-minute session from Clark Wilson’s Employment & Labour lawyers exploring emerging employment topics, including how to terminate personnel without written agreements or for just cause, examining trends on increasing awards for notice and human rights damages, prohibited actions and how to…
The Wrong Kind of Two for One? The South Capital Bridgebuilders Decision Questions the Legitimacy of the Leg 3 Exclusion and what Constitutes “damage” in Property Coverage
Read more: The Wrong Kind of Two for One? The South Capital Bridgebuilders Decision Questions the Legitimacy of the Leg 3 Exclusion and what Constitutes “damage” in Property CoverageBy Samantha Ip In the recent decision of South Capitol Bridgebuilders v Lexington Insurance Company, No. 21-cv-1436, 2023 US Dist. LEXIS 176573 (D.D.C. Sep 29, 2023) (“South Capital”), the United States District Court for the District of Columbia created history by conducting the first detailed examination of the LEG 3 exclusion in the context of determining coverage…
How to Enforce and Defend Builders Lien Claims:What Contractors and Owners Need to Know
Read more: How to Enforce and Defend Builders Lien Claims:What Contractors and Owners Need to KnowBuilders liens can have a critical impact on the financing of construction projects and affect every party in the chain, so it pays to know how to use and deal with a lien claim effectively. In this webinar, Clark Wilson’s Infrastructure, Construction & Procurement lawyers will cover what contractors and project owners need to know…