The first UHT filings are due April 30, 2023. Are you affected?
The duty to account is a core element of the role of the personal representative of an estate.
In a recent case from the BC Supreme Court, the court considers the factors in play where the validity of a testamentary document is in question.
BC’s Power of Attorney Act and Representation Agreement Act have been amended to allow remote execution.
As of January 1, 2023, 'non-Canadians' are prohibited from purchasing certain residential real estate in Canada.
Avoid an argument (or worse, a lawsuit) by clarifying how you want outstanding loans to beneficiaries to be dealt with when you are gone.
Understanding these common mistakes will hopefully help strata corporations to avoid unnecessary disputes and improve its chances of success should a matter reach the CRT.
The deadline to file transparency reports under the Land Owner Transparency Act (“LOTA”) is November 30, 2022. Are you in compliance?
Almost every client asks ‘what are probate fees and how can I avoid them?’ so if these questions have crossed your mind, you are in good company!
Do you know what will happen to your pets when you are gone?
A will-maker’s failure to provide adequate and proper maintenance and support for their spouse or children can yield serious implications for the will-maker’s estate.
Although many of the Covid related restrictions imposed throughout the winter have now been lifted, those that remain continue to apply to strata corporations in certain situations.
What happens when an originally signed will cannot be found? In some cases, it is possible to obtain a grant of probate with respect to a copy of a will.
Strata corporations continue to have to navigate Covid related restrictions. The most recent Provincial Health Officer’s Order issued December 22, 2021 has again changed how those restrictions apply to strata corporation settings.
As of December 1, 2021, remote execution and electronic documentation will be permanently allowed – no state of emergency required.
October 3–9, 2021 is Make-a-Will Week in BC, and it’s a friendly reminder for all of us to ensure our affairs are in order.
While strata corporations must comply with passport requirements in certain settings, they should be cautions to implement them in others.
Whether you are looking to update your Power of Attorney, or have been named as an attorney for someone else, this article provides an overview of what you need to know.
Considering naming co-executors in your will? Read our summary of a recent decision from BC Supreme Court first!
If a relationship is found to be ‘spousal’, it can affect your estate in significant ways.
With the transition to life online that has become the new normal for so many of us, the consideration of digital assets in the estate planning process has become more relevant than ever.
LOTA is now in force - what does that mean for you?
Read on for an update on strata corporations and COVID-19 in this follow up piece to Shawn's March 13, 2020 article on the same topic.
Wondering what the role of an executor entails? Read on to find out!
Dissolving a company in BC is not as simple as you think.
Has your common room, exercise room, or clubhouse been shut down? Don't reopen without a carefully crafted plan!
In an estate planning context, joint ownership is often associated with the goal of reducing the probate fees payable on real property by carving the asset out of a person’s estate. However, in many cases, the risks inherent in joint tenancy tend to outweigh the rewards.
As of May 19, 2020, estate planning documents can now be executed in BC using video conferencing technology.
In the wake of COVID-19, it is more important than ever to ensure that your personal affairs are in good order. This includes a comprehensive, up-to-date, and legally valid estate plan.
The COVID-19 pandemic has presented us all with significant challenges, but we are still here to provide essential legal services while protecting the health of all involved.
With the COVID-19 virus pandemic gripping the world, strata corporations need to consider how they are going to respond to that and continue to carry on operations. This article outlines some issues to consider.
Noise complaints related to hard surface flooring are becoming more common, but at what point do these noises become unreasonable?
A recent decision from the British Columbia Supreme Court explains the “wills exception” to legal advice privilege and the role it can play in estate litigation.
It is a long standing principle that strata corporations are required to enforce their bylaws...but is that always the case?
Many strata corporations have bylaws which prohibit or limit the rental of strata lots, either in part or in whole. A common question which arises is whether or not having one or more roommates violates such a bylaw. The answer, unfortunately, is not all that clear.
Navigating a request for an accommodation can be a difficult task. Here's why.
A recent decision from the British Columbia Supreme Court provides an example of a successful application for relocation.
Learn the steps to take and pitfalls to avoid when conducting a hearing before the strata council.
A recent decision from the British Columbia Supreme Court shows what survivors of family violence may be entitled to from an ex-spouse and alleged abuser.
Ever wonder how to properly conduct a secret ballot? This article will explain how.
It is common practice for an executor to request that a beneficiary sign a release and indemnity, but is it proper to demand it?
A recent decision from the British Columbia Supreme Court provides an example of the risks inherent in failing to communicate changes in financial circumstances even years after separation or divorce.
Ever wonder what restrictions there are on amending a resolution? This blog explains the basic tests which apply to proposed amendments.
Are your neighbours asking for more than just a cup of sugar?
Ever wonder what risks the strata corporation is taking on by allowing owners to use the clubhouse or common room for private functions?
Read about landowners' rights in relation to excavations on neighbouring properties.
Some practical tips for how strata councils can deal with unrelenting owners.
This article examines the mistakes that are often made when imposing fines for bylaw violations in a strata corporation.
Find out what, if anything, you are rightfully able to claim as excluded property when it comes to division of the assets.
Find out how the legalization of marijuana affects residential tenancy relationships.
Understanding how difficult it is to appeal a bad CRT decision shows the value of legal assistance in preparing evidence and submissions.
Learn the steps involved to windup a strata corporation.
Find out how changes to the federal marijuana laws will affect strata corporations.
Owners are often surprised with the extent a strata corporation can control what they do in their home.
Find out what rules govern the use of video surveillance by owners in strata corporations.
Two recent Civil Resolution Tribunal decisions act as a reminder of some of the hard to navigate issues faced by strata corporations when it comes to pet bylaws.
Determining whether an owner is ultimately responsible to pay an insurance deductible depends on properly applying the test under the law.
Strata corporations should never have significant arrears and should never have them for very long. There is simply no reason for it.
A strata corporation’s obligations with respect to the retention and production of documents are set out in sections 35 and 36 of the Strata Property Act (SPA).
What constitutes “correspondence” for the purposes of s.35 of the Strata Property Act (SPA) has been the subject of past judicial consideration.