Mark Weintraub K.C.
Payment of Holdback to Discharge Liens: An Update
By Dan W. Melnick and Pavneet Grewal A recent decision of the BC Supreme Court is of significance to owners or general contractors seeking to discharge claims of liens from title to lands. In Savory 2588 Developments Ltd. v HQM Contracting Ltd., 2024 BCSC 1733 (“Savory”), the BC Supreme Court cautioned against conflating two frequently used mechanisms for discharging claims…
- Trusts & Estates in Canada – West
Mark Weintraub K.C.
bronze Mark is a bronze memberPartner at Clark Wilson LLP
Disposition of Human Remains: Majority Does Not Rule
The Law In British Columbia, under the Cremation, Interment, and Funeral Services Act (the “Act”), the executor named in a will has the primary authority to control the disposition of human remains. But what happens when multiple executors are named in the will and they disagree on what should happen to the remains of their deceased loved…
- Trusts & Estates in Canada – West
Mark Weintraub K.C.
bronze Mark is a bronze memberPartner at Clark Wilson LLP
Commercial Leases: Default Remedies and Exit Strategies for Landlords and Tenants
In the complex world of commercial real estate, understanding your legal rights is crucial for both landlords and tenants. When a tenant defaults on a commercial lease, there are several remedies available to a landlord, but it can be daunting to figure out how to respond best, and how to ensure that your business interests…
- Trusts & Estates in Canada – West
Mark Weintraub K.C.
bronze Mark is a bronze memberPartner at Clark Wilson LLP
Your Questions Answered: Employment Agreements, Policies, Immigration and More!
Business owners, leaders, and human resource professionals won’t want to miss this informative session where Clark Wilson’s Employment and Labour Group covers its most frequently requested topics. This timely and informative session will cover not only the basics of employment agreements, policies, immigration and employee discipline, but also important updates and developments. Our expert panel will also…
- Trusts & Estates in Canada – West
Mark Weintraub K.C.
bronze Mark is a bronze memberPartner at Clark Wilson LLP
Final Reminder: My “How to Buy or Sell a Business” Seminar is Next Week
Thursday, 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. Purchase Your Ticket Here To Secure Your Spot Whether you are a business owner contemplating your exit strategy now, or in the next 5 to 10 years, or you are focused…
- Trusts & Estates in Canada – West
Mark Weintraub K.C.
bronze Mark is a bronze memberPartner at Clark Wilson LLP
Secure the Purchase Price
Most people think banks are the only money lenders in large business transactions like the purchase and sale of a business. In fact, it’s very common for business owners to find themselves not only in the role of the seller but also as a lender as well. When this happens, it’s important for the business…
- Trusts & Estates in Canada – West
Mark Weintraub K.C.
bronze Mark is a bronze memberPartner at Clark Wilson LLP
My “How to Buy or Sell a Business” Seminar Returns in September
Thursday, 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…
- Trusts & Estates in Canada – West
Mark Weintraub K.C.
bronze Mark is a bronze memberPartner at Clark Wilson LLP
Time is Money: Late Notice and Claims-Made Coverage
Furtado v. Underwriter, 2024 ONCA 579 summarizes the key differences between claims-made and reported policies and occurrence policies in connection with late notice of a claim. The Ontario Court of Appeal affirmed the lower court’s decision that failure to give timely notice under a claims-made and reported policy made relief from forfeiture inapplicable and the insurer was…
- Trusts & Estates in Canada – West
Mark Weintraub K.C.
bronze Mark is a bronze memberPartner at Clark Wilson LLP
Don Sihota’s Business Succession Update – The Earn Out
As a result of working on many business purchase and sale transactions every year, I often see trends arising in the types of deals being made. Deferred payments are common in saletransactions, whether they be holdbacks, vendor financing or earn outs. While holdbacks and vendor financing are very common, earn outs are less so. However,…
- Trusts & Estates in Canada – West
Mark Weintraub K.C.
bronze Mark is a bronze memberPartner at Clark Wilson LLP
Posthumous Conception: How Does This Affect My Estate?
By Zachary Murphy-Rogers and Vivian Thieu Our society’s understanding of what constitutes “family” is everchanging, especially in light of our appreciation and recognition of the many different forms a relationship can take. This has further changed with possibilities that have arisen through the emergence of reproductive technology. But, this emergence has led to other questions, specifically in the…
- Trusts & Estates in Canada – West
Mark Weintraub K.C.
bronze Mark is a bronze memberPartner at Clark Wilson LLP
When Mixed Drinks Lead to Mixed Claims: Insurer not Under Duty to Defend Ontario Bar from Personal Injury Suit
The Ontario Superior Court of Justice has recently held that a liability insurer is not obligated to defend an insured bar operator from a liquor liability claim brought by an injured patron. In Kelloway v. Jack-O’s Sports Bar, 2023 ONSC 5925, the Plaintiff alleges that the Defendant, the operator of a Woodstock, Ontario sports bar, overserved him…
- Trusts & Estates in Canada – West
Mark Weintraub K.C.
bronze Mark is a bronze memberPartner at Clark Wilson LLP
Budget 2024: Important Changes Impacting British Columbians
By Maria Starko, St. John. McCloskey and Chris Sharpe On February 22nd, the Provincial Government released its 2024 budget (the “Budget“). The measures outlined in the Budget include measures intended to speed up the construction of new homes, increase the supply of middle-income housing, and fight speculation in the real estate marketplace. While many questions remain, the following is a brief…
- Trusts & Estates in Canada – West
Mark Weintraub K.C.
bronze Mark is a bronze memberPartner at Clark Wilson LLP