Builders Liens: Failing to Comply with Procedural Requirements of the Builders Lien Act May be Fatal to the Validity of the Lien

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 […]

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Don Sihota’s Business Succession Update

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 […]

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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 […]

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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 […]

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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 […]

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Freezing a Defendant’s Funds Before Judgment in British Columbia: A Primer On Pre-Judgment Garnishment in Civil Litigation

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 […]

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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 […]

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Budget 2022: Important Changes Impacting Real Estate

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 […]

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The Duty of Good Faith in Commercial Tenancy Disputes

The recent decision of ARC Digital Canada Corp. v. Amacon Alaska Development Partnership, 2021 BCSC 1612 (“ARC Digital”) demonstrates that the doctrine of good faith continues to be a strong cause of action in disputes between commercial parties. The Facts In ARC Digital, Amacon Alaska Development Partnership (the “Landlord”) leased commercial premises to ARC Digital Canada Corp. (the […]

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Surrogacy Dilemma: Can Your Surrogate Get Parenting Time With the Child They Helped Bear?

Can your surrogate get parenting time with the child they helped bear? This is the question the BC Supreme Court recently faced in KB v MSB, 2021 BSCS 1238. The parties’ relationship history: MSB, NBB & KB The relationship between the parties involved is messy and unusual. MSB and NBB are a married couple and they […]

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