Modernizing the Divorce Act: Major changes announced

Notable changes are expected to be coming to the federal Divorce Act in the form of Bill C-78, which was introduced in the House of Commons on May 22, 2018. Bill C-78 marks the first substantial reform to the Divorce

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Found Money!

Did you know…[1]

Did you know that both the BC Unclaimed Property Society and the Bank of Canada have free, searchable databases?

BC Unclaimed Property Society: https://unclaimedpropertybc.ca/searchp/search/

Bank of Canada: https://www.bankofcanada.ca/unclaimed-balances/

Dormant funds from credit union accounts, forgotten insurance …

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Settled Property and the Issue of Photocopying Money

Did you know…[1]

Photocopying money risks criminal and civil sanctions. So what to do if making file copies of a trust settled with a $10, $20, $50, or $100 dollar bill? Can you copy or scan the settled property?…

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Highlights: The 2018 Provincial Budget

British Columbia’s 2018 budget introduced certain changes to the taxation of real estate. This will affect residential real estate held personally, through other legal entities, or that falls into an estate or to a beneficiary of an estate.

Effective February

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A Promise is a Promise: Proprietary Estoppel at the Supreme Court of Canada

In December 2017, the Supreme Court of Canada released its decision in Cowper-Smith v. Morgan, 2017 SCC 61, clarifying how a promise relating to an interest in property may be enforced through the equitable doctrine of proprietary estoppel — …

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Signing Documents using a Power of Attorney

Did you know…[1]

If you are appointed as an attorney under a power of attorney instrument, any documents you sign in your capacity as an attorney should be signed with the name of the adult who gave the power …

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Property Transfers and Taxes

It is a general rule that a sale of a capital asset (such as real property) will trigger tax in the hands of the seller on any gains. One exemption from this tax on capital gains which is widely used …

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Corporate mistake: BC Supreme Court declines to permit retroactive tax planning

The B.C. Supreme Court recently concluded that failing to complete a transaction in the most tax efficient manner is not a “corporate mistake” that can be remedied under the Business Corporations Act[1] (the “Act”).

In Greither Estate v. Canada

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Advancement Demoted: Are we saying goodbye to the presumption of advancement in family property division?

The most recent chapter in the debate regarding the continued operation of the presumption of advancement in the context of property division attempts to put the presumption to rest, once and for all. Despite appellate authority to the contrary in …

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BC Court of Appeal finds failure to properly apply the presumption of resulting trust by lower court

The BC Court of Appeal decision in Winstanley v. Winstanley, 2017 BCCA 265, was released July 17, 2017. In finding the trial judge had failed to properly apply the presumption of resulting trust, the Court of Appeal affirmed the …

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