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Posts from November 2011.
Posted in Public Law

On November 23, 2011, Chief Justice Robert Bauman of the British Columbia Supreme Court issued his much anticipated Reasons for Judgment in Reference re Section 293 of the Criminal Code of Canada, 2011 BCSC 1588, the constitutional reference concerning the validity of Canada’s anti-polygamy law.  Chief Justice Bauman found that the law is consistent with the Canadian ...

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Posted in Commercial

This post was submitted by Lawson Lundell guest author Euan Sinclair, Director, Knowledge Management.

The titanic legal battle over the soul of Alberta’s Personal Information Protection Act took a new twist recently, when the Supreme Court of Canada refused the Alberta Information and Privacy Commissioner’s application for leave to appeal the Alberta Court of ...

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In the undocumented world of family relations and finances, money is often provided by one person to another without the exact nature of the transaction being discussed, understood or documented.  Mum provides $20,000 to child to be used towards the purchaser of a house or to fund a year at school.  Granddad pays $15,000 towards a grandchild’s purchase of a business.  Is this ...

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Anyone who has ever participated in a recreational or sporting activity, whether offered by a community organization or commercial operator, will be familiar with the types of release and waiver forms invariably required to be signed as a condition of participation.  Such forms typically purport to release the operator from liability for any and all injuries or other ...

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I previously wrote on the legal issues faced by developers of residential condominium projects in British Columbia relating to the Real Estate Marketing Development Act (“REDMA”). The focus on REDMA compliance must not, however, distract a developer from focusing on more basic contractual compliance which can also create enforceability issues.  A case in point is ...

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Earlier this year, I wrote a short blog on the right of step-children to claim an inheritance from a step-parent or step-grandparents. The upshot was that, absent a specific bequest in the will, step-children do not have a right of inheritance from a step-parent.  This conclusion was recently made even more forcefully by the B.C. Court of Appeal in the decision Peri v ...

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