Testamentary Capacity – Who Can Make a Will

For over a century, the question of whether a person has the legal capacity to make a will, can be determined according to the test originally set out in the leading case of Banks v. Goodfellow (1870). That…

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“Cooling Off” BC Real Estate

To better protect consumers in British Columbia’s real estate market, the Government of British Columbia is introducing legislation that requires “cooling off periods” for resale properties and newly built homes. This change will be similar to the cooling…

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Electronic Wills

The British Columbia Government has introduced legislation to enable courts to accept electronic wills and to permit the remote witnessing of wills.

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Estate Planning – It’s All in the Detail

In August of this year, a Supreme Court of British Columbia case determined that showing true testamentary intention and compliance with Wills, Estate and Succession Act requirements, are equally important steps of a valid and enforceable estate plan.

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BC Foreign Buyer’s Tax is Constitutional

On July 5th, 2021, the British Columbia Court of Appeal ruled that the province’s foreign buyer’s tax is constitutional.

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Elder Abuse in British Columbia – A Summary

This article looks at the general legal and regulatory environment relating to Elder Abuse in British Columbia, and specifically that abuse arising from the improper use of a Power of Attorney.

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British Columbia Introduces Benefit Companies Under the British Columbia Business Corporations Act

Effective June 30, 2020, a new type of British Columbia company, a “benefit company”, was introduced under the British Columbia Business Corporations Act.  While popular in the U.S., British Columbia is the first jurisdiction in Canada to introduce…

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Corporations, Ownership Transparency and the New Rules

The legal, regulatory and compliance landscape in Canada has changed, and will likely continue to change, for corporations, their shareholders and their advisors. As of June 13, 2019, the Federal Business Corporations Act (Canada) (the “CBCA”) was amended…

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New Disclosure of Benficial Ownership in British Columbia

The British Columbia New Democratic Party Government, has introduced legislation, to force the disclosure of the benefical ownership of real estate and shares of Britis Columbia corporates.

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Legal Issues for Start-Ups

There are many legal considerations for businesses in the developmental stages, including the appropriate corporate structure, financing, protecting intellectual property, founder’s rights and obligations and protecting the business from future litigation. We have set out below a description…

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