Would A British Columbia Court R-E-S-P-E-C-T Aretha Franklin’s Handwritten Will?
Zachary Murphy-Rogers and articling student Dani Gorelov write about the recent decision by a jury that recognized a notebook with scribbles found in Aretha Franklin’s couch to be her valid will, and whether its validity would be upheld in BC.
Court of Appeal Findings on Contractual Interest and Impact of Cost-Estimates in Cost-Plus Contracts
Editor: Rosalie A. Clark Cost-plus contracts require the owner to pay for the costs actually incurred for all labour, subcontracted services, materials and other costs of performing the construction work, plus a fee that is designed to (among other things) compensate the contractor’s time in managing and coordinating the work. A recent decision of the BC […]
In my last newsletter, I discussed some critical issues business owners need to consider in respect of business succession. The following are some additional thoughts to ask yourself in order to gain further understanding of this complex topic…
In a recent decision of Orbital Construction Inc. v Hansen, 2023 BCSC 712, the British Columbia Supreme Court has again addressed the question of compliance with the procedural requirements of the Builders Lien Act (“Act”) in filing builders liens. In this case, the owner James Hansen contracted with Barbato Development Group Inc. (“Barbato”) for home renovations. Barbato subcontracted some […]
Don Sihota, K.C Five Critical Issues For Business Owners In my role as a business lawyer, I help business ownerstransition their businesses to new owners so they can move onto the next stage in their lives. For those unfamiliar withbusiness succession planning and what it means, the followingwill help you gain an understanding of this […]
Professional Services Exclusion: A Cautionary Note for Trade Contractors
Commercial General Liability (“CGL”) policies typically provide coverage for businesses against claims for bodily injury and property damage caused through their operations. While CGL policies are intended to cover a wide range of potential liabilities that businesses may face in their day-to-day operations, they typically exclude damages arising from professional services by way of the […]
On May 11, 2023, Vancouver City Council created a new exemption under the Empty Homes Tax (“EHT”) for unsold inventory within new developments and kept the annual tax rate for the EHT at 3% of the home’s assessed value rather than increase it to 5% as had been approved by the previous City Council in […]
New Service Alert: Our Estates & Trusts Opinions & Appeals Practice Is Live!
We are excited to share that we’ve officially launched our new Estates & Trusts Opinions and Appeals practice group. With over 125 years of combined experience in estates, trusts and elder law, we provide expertise in analyzing and understanding the law, developing and implementing strategies for litigation, and conducting all aspects of appeals in the […]
Money, Status, Religion & Politics: Hot Legal Topics for BC Businesses
Business owners and human resources professionals won’t want to miss this timely and informative 90-minute session exploring emerging employment topics including pay transparency, worker classifications (and the cost of getting it wrong), accommodations, contract termination clauses, lessons learned from vaccination mandates in the workplace, and hiring temporary foreign workers. What We’ll Cover — • Employee […]
By Michael Larsen In British Columbia, pre-judgment garnishment is a legal process used in civil litigation to “freeze” a defendant’s funds before the outcome of that litigation is determined. Using the process set out in the BC Court Order Enforcement Act, R.S.B.C. 1996, c. 78, a creditor can obtain a “garnishing order” from the court to: (1) seize funds […]
Making Family Conflict Less Taxing: Are My Legal Fees Tax Deductible?
By Chantal M. Cattermole and Sarah Tradewell Separation can be taxing, both emotionally and financially, and is a time when surprises are generally unwelcome. Knowing the effects separation will have on your income tax return as well as the tax consequences for actions taken while in the process of separating (such as transferring assets) is […]
The Federal Government has released Budget 2022: A Plan to Grow Our Economy and Make Life More Affordable (the “Budget”). In connection with the Government’s efforts to make housing more affordable and available to all Canadians, the Budget introduces several measures that will impact real estate across the country. The following is a brief, high-level summary of some […]
