Are electronic signatures Legal? Each province has enacted functionally equivalent electronic commerce legislation. BC’s is called the Electronic Transactions Act (ETA). The ETA states that if there is a requirement under law for the signature of a person, that requirement is satisfied by an electronic signature. There are however exceptions, as electronic signatures are not […]
This blog will discuss the disclosure that is required in a real estate transaction when a home has a stigmatized history. The case which highlights this issue is Wang v. Shao, 2018 BCSC 377. The facts of this case were as follows: The case surrounded the purchase of an upscale home in Vancouver in 2009 […]
What is the Duty of a Driver to Yield to an Emergency Vehicle? When travelling on a roadway or highway it is inevitable that you will encounter an emergency vehicle. What are your obligations on the road in relation to this emergency vehicle? Section177 of the British Columbia Motor Vehicles Act (MVA) states: On […]
Has Someone Failed to Pay You? The following will outline some basic information for recovering money owed to you under a contract. The first thing that must be considered is the likelihood of recovering the debt owed. It is important to remember that just because someone owes you money, it does not mean that they […]
The purpose of this blog is to make you aware of a recent change in the law with regard to Wills. The BC Wills Estates and Succession Act (WESA) permits “Multiple Wills” to be used to deal with the assets of a deceased person located in BC. The purpose behind creating Multiple Wills is […]
Do Good Easements Make Good Neighbours? In Mending Wall, the American poet Robert Frost famously asked: Do good fences make good neighbours? In the poem, two neighbours are walking in tandem on either side of their fence, laboriously re-stacking fallen stones. The narrator questions this customary practice because their lands respectively contain apple and pine […]
“This contract represents the entire agreement between the parties. The contract supersedes all prior negotiations, representations or agreements, either written or oral, including the bidding documents.” This clause, or something similar to it, is known as an entire agreement clause. It is often included within commercial contracts to limit the parties’ liability to the contract’s […]
When non-medical cannabis became legal on October 17, 2018, provincial and municipal governments were handed the responsibility of regulating cannabis retail stores. British Columbia has one of the most progressive stances of cannabis, but that does not mean that applying for a retail store is easy. Applications for cannabis retail store licences are time consuming, […]
Renovictions in BC In April 2018, Premier John Hogan created a Rental Housing Task Force, comprised of three MLAs: Spencer Chandra Herbert, Adam Olsen, and Rae Leonard. One of their major recommendations regarding the issue of “renovictions” has been adopted by the Provincial government and came into force in May 2018. A renoviction occurs when […]
British Columbia is the First Canadian Province to Introduce Benefit Corporations In May 2019, British Columbia amended its Business Corporations Act (BCA) to allow for the inclusion of “benefit corporations.”[1] This new business entity provides an intermediary position between the existing non-profit and for-profit options. Specifically, it allows new and existing companies to include […]