Who has upset the Big Bad Recording Industry?
Answer: The Federal Court of Canada. See BMG Canada and others v. Jane Doe and others.(March 31, 2004)

Landlord's Insurance not necessarily for Tenant's protection
It is a question of interpretation of contract as to whether a Tenant is protected from a claim by a Landlord's insurer. See North Newton Warehouses.(March 9, 2004)

You Shouldn't Always Get What You Want
A spouse of a deceased son who was tenant in common with his mother's estate of a duplex was able to establish she was entitled to a life estate in that 1/2 interest. The spouse wanted to occupy the whole house. In the alternative, by selling the house, the spouse wanted to cash in that life estate whose value was pretty much equal to the full current equity of the house. The court ruled the spouse was not entitled to occupy the whole house and acquiesced in her request to sell the house, which had the effect of terminating her life tenancy: her entitlement to proceeds of sale was thus reduced to nil. See Kahn v. Kahn.(March 1, 2004)

A Partner Caught up in Negligence
The insurer of a non-negligent partner could not persuade a Court to order indemnity from the insurer of his negligent partner. See Hughes v. Baldwin.(February 3, 2004)

Not a Legal Remedy for Every Wrong
A teenage step brother, caught up in a souring relationship involving his father and his step mother, started a whisper campaign that his step sister was not as perfect as she seemed, alleging they had sexual relations. Despite the Court finding these allegations were false, the Court concluded the law could not order compensation to the step sister on these facts. See Spetch v. Colthorpe.(November 24, 2003)

Personal Information Protection Act
Starting January 1, 2004, this Act will be in effect. Its object is to govern the collection, use and disclosure of personal information by organizations in a manner that recognizes both the right of individuals to protect their personal information and the need of organizations to collect, use or disclose personal information for purposes that a reasonable person would consider appropriate in the circumstances. Refer to Act (October 29, 2003)

Business Name Act
On a date to be proclaimed, this third reading Act of the BC legislature will come into effect. It will require all businesses to disclose to all public bodies (as defined in the Act) its business number, which will make available its business information. (October 20, 2003)

Solicitor Client Dustup and Deceit on the Range
In Nadig v. Scofield , a client's attempt at revenge following a tussle in the lawyer's office did not succeed. Also a failure was a yarn which some sellers of a ranch spun in Wiebe v. Gunderson. (September 22, 2003)

Corporate Guarantees
Affirming a line of cases which gain life from the current Company Act, a recent case (amongst other reasons) decided that a guarantee was unenforceable whre it could not reasonably be found to be in the best interests of that company.. apparently regardless of the directors' opinion. (September 3, 2003)

PPSA and Wills Variation
Short of interesting summer reading? What would you have decided in theses cases were you the judge?
First: A trustee in bankruptcy tries to take advantage of an error of a secured creditor in renewing a financing statement. Read Bankruptcy of UF Media
Second: Somewhat more convoluted: Does sales tax have a higher priority than a purchase money security interest whose super-priority has not been perfected? Read British Columbia v. PT Car and Yacht Rental Inc.
Third: Will a court interfere with a will that gives 20% of an estate to one sibling and 80 % to the other? Read Ryan v. Delahaye Estate (August 8, 2003)

NOT Finders' Keepers
Emco Ltd. billed its customers PST based on its invoice amounts. If its customers paid early, their invoiced amounts reduced by 2%, but their PST mistakenly was unchanged. Emco applied for the excess tax it mistakenly collected (about $500,000). The court suggested perhaps the Province should somehow contact Emco's early paying customers. Read Emco v. Min. Revenue. (July 7, 2003)

Same Sex Marriages
You could not have missed the news reports about the recent decision from Ontario which has forced the federal government to stop studying and make a decision. For an idea of what lead to this state of affairs, read Halpern v. AG of Canada (June 26, 2003)

Insurance Jitters
Insurers in Canada may have adopted a policy of declining to insure purchasers of residential properties on which there are underground oil tanks. This possible business decision should make every purchaser cautious about committing to purchase any assets on which the purchaser will need insurance coverage for any reason. (June 12, 2003)

Unexpected Consequences
Perhaps only of interest to lender's lawyers, a recent B.C. case follows a logical path to award a surprising jump in priority from third position to second position to a lender. (Read the Bridgewater Financial Services Ltd. case) (May 30, 2003)

Jurisdiction Hopping Doesn't Pay
The Alberta Court of Appeal decided a dispute concerning British Columbia personal property security law where an equipment purchaser who failed to check for security interests when buying in British Columbia tried to persuade the Court mistakes in registration in Washington state plus proper Alberta registration should provide protection from its original mistake. The Court did not buy the argument. (Read Northwest Equipment v. Daewoo (April 24, 2003)

Until Family Law Agreement Do Us Part
For many, it has been an unwelcome feature of matrimonial law that Courts readily varied spousal support terms of family law agreements when the circumstances of one of the parties changed, however slightly. In a recent case, the Supreme Court of Canada created more stringent tests to justify such variances. (Read Miglin v. Miglin (April 17, 2003)

Name that Defendant
Having used the moniker of "RBT Group of Companies", a Defendant in a proceeding tried to elect an insolvent company as the proprietor and sole target for unpaid creditors of that august business. The B.C. Court of Appeal would have none of it. (Read Race-way v. Barker-Taylor (April 2, 2003)

When are You Safe from CCRA?
In 1998, CCRA sent a taxpayer an account for taxes unpaid from a 1986 assessment. The Supreme Court of Canada had to decide if CCRA was governed by federal limitation rules. (Read Markevich v. Canada (March 17, 2003)

Mortgagors Beware: Negotiate Priority of Your Subsequent Mortgage
Introducing his judgment with a quote from the Comedy of Errors, Mr. Justice Wong recently held a mortgage lender which holds more than one mortgage on a property can rearrange priorities of those mortgages without the consent of the property owners. (Read United Savings Credit Union v. Gill (February 3, 2003)

Permanent Disability of Employee can lead to frustration of Employment Contract
In a recent B.C. Supreme Court case Mr. Justice Edwards reviewed the law respecting what constitutes permanent disability of an employee and how the relationship between the employer and employee is affected by such a finding. (Read Demuynck v . Agentis January 27, 2003)

Of Overflowing Beaver Ponds and Unexpected Visits to Municipal Dump Bins
Did a landowner have to take responsibility for change in watercourse beavers created in the Cariboo? Read Lynds v. Runge

How about the rights of a citizen who accidentally falls in a trash bin at the landfill in Salmon Arm? Read Thiessen v. Columbia Shushwap and others
(December 10, 2002)

New First Reading Bill for Residential Tenancies Act
Changes are afoot for residential landlords and tenants.
Go to Bill 70 (November 26, 2002)

Common Expenses and Strata Units
A recent B.C. decision examined the tests to be applied in determining whether common expenses of a strata corporation could be assessed on all strata units and discussed how to establish if units were different types.
See Coupal et al v. The Owners, Strata Plan LMS2503 (November 18, 2002)

BC Corporations Act (Part II)
Our July 10 prognostication was wrong! Bill 62 has passed 3rd reading. Read the brief summary and expected course by which the legislation is to be made effective
Go to Continuing Legal Education Summary (October 29, 2002)

BC Rail Passenger Service
In Bill No. 62 - 2002, the legislature leads off by absolving BC Rail of its historic obligation to supply passenger service.
Go to Bill 62 (October 17, 2002)

Emergency Instructions
You should keep your personal information, important personal contacts, driver/transport info, emergency contacts, other important contacts, location of important documents like wills and powers of attorney, insurance information, safe places, financial information and all current passwords in a place trusted people can access easily. (October 8, 2002)

Solicitor Client Privilege
The Supreme Court of Canada has set out new guidelines which establish what procedures must be followed when police want to search law offices under the provisions of the Criminal Code. (September 19, 2002)
Go to link with news summary by Law Society of B.C.

Electronic Filings
The provincial government is moving away from requirements for centralised paper filings. For those with access by computers, it is a much more direct process. Our firm, through its registry company, has such access. The link below is to the latest government announcement. (August 21, 2002)
See announcement

Business Corporations Act
In the last session of the legislature, the government introduced a new bill to govern corporations operating under provincial authority. It has only reached first reading and seems intended to encourage discussion of its provisions. (July 10, 2002)
Go to Bill 47

Supreme Court of Canada and business expenses
Until this ruling, Canada Customs and Revenue Agency had applied a much more restrictive test as to what qualified as a business expense. Read about the 2 part test the Court adopted. (June 23, 2002)
Read the Case

Legislative sitting ends
The legislature was busy before rising from this sitting. See the attached link for a list of bills introduced, acts assented to and regulations issued.
Click Here for more information.

Recent amendments to the Bankruptcy
and Insolvency Act
Creditors of bankrupts can apply for mediation to seek a change to a payment order, or, in the case of first time bankrupts, the terms of discharge. Read information from the Superintendent of Bankruptcy