The Law of Charity in Canada is a Moving Subject

Article defining the current state of the law of charity in Canada, and on assisting in the development of that body of law, and its understanding amongst Canadians.

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Charitable Organisation Decision Tree

If your non-profit or voluntary organisation is trying to decide if they should proceed with registration as a registered charity, the Decision Tree, funded by Canada Revenue Agency and produced by the Legal Information Society of Nova Scotia,…

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British Columbia’s New Wills and Estate Law (WESA)

The Wills, Estates and Succession Act (British Columbia) ("WESA") shall come into force on March 31, 2014. In that regard, there are many new provisions which move well beyond the scope of the earlier legislation and law in…

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Your Shed is on My Property

What can you do if your neighbours buildings extend onto your land? This is called encroachment and is the situation that two families in Abbotsford found themselves in.  The Gueldner’s purchased their rural estate property in 2002 with…

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The Evolution of Non-Disclosure Agreements

The multi-jurisdictional protection of intellectual property, related trade secrets, know-how and business methodology is moving away from the "standard issue" Non-Disclosure Agreements (the "NDA"), toward a more comprehensive and multi-layered Non-Disclosure, Non-Use, Non-Competition and Non-Circumvention Agreement (the "NDUCCA").

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Who is the Issue?

A recent decision from the British Columbia Supreme Court, Barnes Estate v. Barnes, contemplates the issue of DNA evidence when determining who inherits under a will.  This case concerns the distribution of the estate of Maymie Barnes who…

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Enforceability of Ski Pass Releases

As we head into ski season in British Columbia, the recent case of Morgan v. Sun Peaks Resort Corporation delves into the issue of the enforceability of ski field releases.  It is very common when purchasing a ski…

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CRA Develops Political Activities Self-Assessment Tool

Canada Revenue Agency (“CRA”) has developed an online self-assessment tool for charities to use to determine if they are carrying on political activities and if those activities are within the limits of the Income Tax Act. The online…

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Can a beneficiary force an Executor/Trustee to make an interim distribution from an Estate?

Although it is an established tenant of estate administration law in British Columbia that an executor has their “executor’s year” before they must start distributing the estate, a recent decision from  the Supreme Court of British Columbia has…

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Guilty Beyond a Reasonable Doubt

The outcry over the acquittal of George Zimmerman for the murder of Trayvon Martin is another of example of the public's failure to understand the criminal justice system.

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