Posthumous Conception: How Does This Affect My Estate?
By Zachary Murphy-Rogers and Vivian Thieu Our society’s understanding of what constitutes “family” is everchanging, especially in light of our appreciation and recognition of the ... Continued
Is a Lien Invalid if it Names a Non-Contracting Party as the Lien Claimant? The Answer May Surprise You
By Dan W. Melnick It is well known that a lien claimant must strictly comply with the form prescribed by the Builders Lien Act, SBC ... Continued
Will a Flood Exclusion Actually Operate to Exclude Damage Caused by Flood? Alberta Court of Appeal Muddies the Water
By Cameron Fox The Alberta Court of Appeal has, in a split decision, affirmed a decision which found that losses resulting from a flood were ... Continued
Builders Liens: Failing to Comply with Procedural Requirements of the Builders Lien Act May be Fatal to the Validity of the Lien
By Anna Sekunova In a recent decision of Orbital Construction Inc. v Hansen, 2023 BCSC 712, the British Columbia Supreme Court has again addressed the ... Continued
Would a British Columbia Court R-E-S-P-E-C-T Aretha Franklin’s Handwritten Will?
By Dani Gorelov and Zachary Murphy-Rogers. A jury in Michigan decided that a notebook with scribbles found in Aretha Franklin’s couch is valid as the ... Continued
Legal Closure: Understanding the Presumption of Death Act in BC
By Vivian Thieu and Zachary Murphy-Rogers *This post was inspired by a similar post on the Declarations of Death Act, 2002 out of Ontario. The ... Continued
The Importance of Written Consent: Removal and Use of Human Reproductive Materials After Death
By Shiona Nickel In 2020, the BC Court of Appeal considered an important issue concerning the removal and use of human reproductive materials (sperm, ova, ... Continued
How a Thumbs Up Emoji Set Contract Precedent in Canada 👍📝⚖️✍️
Authors: Hannah Plant In the recent decision, South West Terminal Ltd. v Achter Land, 2023 SKKB 116, a Saskatchewan Judge found the 👍 emoji met ... Continued
Navigating Jurisdictional Differences: Ensuring You Have a Valid Power of Attorney in British Columbia
By Zachary Murphy-Rogers and Hannah Plant A power of attorney is a legal document that grants someone the authority to act on behalf of another ... Continued
Wills Causing Spills: Caution – Pour-Over Clauses are Void in B.C.
By Pavneet Grewal and Zachary Murphy-Rogers If you are or know someone who moved to British Columbia and has a U.S.-style ‘pour-over will’, we strongly ... Continued
Employers Take Note: Key Changes to the Competition Act
By Andrea Raso and Tadhg Bradford In June 2022, the government of Canada introduced changes to the Competition Act (the “Act”). These changes came into ... Continued
Professional Services Exclusion: A Cautionary Note for Trade Contractors
By Satinder Sidhu Commercial General Liability (“CGL”) policies typically provide coverage for businesses against claims for bodily injury and property damage caused through their operations. ... Continued