Month: March 2018

Derivative Actions

By Stuart Cappus Many people operate businesses through corporations. The law considers corporations to be persons separate and apart from the individuals who create, own and operate them. The individuals involved in the ownership and management of a corporation can be broken down into three categories: shareholders, directors and officers. Shareholders own the corporation by […]

Civil Resolution Tribunal

The BC government has announced its intent to bring in a cap of $5,500 for pain and suffering on minor injury claims as part of series of reforms for ICBC. The cap is currently scheduled to come into effect on April 1, 2019. Crucial to this alteration in the structure of injury claims will be […]

What Are Caps?

The attorney general of BC has recently indicated that personal injury caps may be implement in BC in response to the finance issues facing ICBC. Currently individuals in BC who are injured by a motorists have a right to sue for the damages they sustained as a result of the motorists negligence. Injury caps would […]

What is Cause?

An employer maintains the right to terminate an employee’s employment but is required under both the Employment Standards Act and common law to provide appropriate notice or pay in lieu of notice to terminated employees. Notice is not required if the employer terminates an employee within their probationary or if the employer has just cause […]

New Speculation & Foreign Buyer Taxes on Real Estate

The new budget announced by the BC government included a number of new taxes that will apply to BC properties and property transfers. The first announcements included a possible speculation tax on non-BC resident owned properties. Little details of the speculation tax have been announced but it is intended to capture property owners who do […]

What is a Builder’s Lien

The Builder’s Lien Act, SBC 1997, C45, allows a builder to file a lien against the title of a property they have worked on and not received payment related to that work. The lien if registered is attached to the title of the property like any other encumbrance. If title for the property is pulled […]

Infant Claims and Settlements

By Stuart Cappus In British Columbia, the age of majority is 19 years old. Once a person turns 19, the law generally presumes that they are able to manage and make their own decisions regarding their legal and financial affairs. Conversely, the law considers individuals who are under 19 to be “infants” or “minors”, and […]