Latest Articles

November 13, 2024

Trust Companies

What is a trust company, and how can they help me?

October 3, 2024

Michael Carter joins the Partnership

Cleveland Doan LLP welcomes its newest partner!

September 6, 2024

Multiple Wills

Why might a single will-maker require multiple wills?

August 2, 2024

Gifting Through a POA

Does your power of attorney permit gifting? The answer may not be what you expect.

July 4, 2024

Joint Tenancy vs. Tenancy in Common

The form of joint ownership chosen for real property ownership in BC can have far reaching implications.

May 24, 2024

The Problem with Beneficial Designations

Registered accounts are often used as a means of reducing the probate fees payable by the owner’s estate, but sometimes it’s not that simple…

May 17, 2024

Mandatory Depreciation Reports

Depreciation reports can no longer be avoided.

April 26, 2024

Maximum Occupancy Bylaws

Enforceable or not?

April 5, 2024

(More) Changes to the CRA’s Trust Reporting Rules

Bare trusts are now subject to the CRA’s updated trust reporting rules, but the filing requirement has been waived for the 2023 tax year.

March 28, 2024

Handling Requests for Legal Opinions

How do the concepts of solicitor-client privilege and litigation privilege apply to requests under s.36 of the SPA?

March 15, 2024

PTT Update

Changes are coming to the property transfer tax regime in BC.

February 23, 2024

Get Ready for the EVs!

What does your strata need to know about electric vehicles?

January 26, 2024

Transmission and Transfer of Assets

I have received an estate grant – now what?

November 15, 2023

Executors Fees

Is a person who acts as the executor of an estate entitled to payment for services rendered?

October 11, 2023

Property Transfer Tax

Don’t forget to budget for this additional expense when you are planning to acquire an interest in real property in BC.

September 5, 2023

Committeeship Applications

Where someone has failed to plan for incapacity, a committeeship application may be the only option.

August 3, 2023

Alter Ego and Joint Partner Trusts

Wondering if one of these planning tools might be a good fit for you? Read on to find out more.

June 6, 2023

What Happens if You Die Without a Will?

This blog post reviews BC’s intestacy rules and why you likely want to avoid them.

May 3, 2023

Age Restriction Bylaw Exemptions

How do the latest legal updates affect your strata?

April 25, 2023

Life Insurance & Estate Planning

Are you making the most of your life insurance policy?

March 23, 2023

Trusts, Estates & the Underused Housing Tax

The first UHT filings are due April 30, 2023. Are you affected?

February 24, 2023

The Duty to Account

The duty to account is a core element of the role of the personal representative of an estate.

February 10, 2023

Handwritten Wills & the Question of Validity

In a recent case from the BC Supreme Court, the court considers the factors in play where the validity of a testamentary document is in question.

January 21, 2023

Remote Execution of POAs & HCRAs

BC’s Power of Attorney Act and Representation Agreement Act have been amended to allow remote execution.

January 3, 2023

The Foreign Buyer Ban

As of January 1, 2023, 'non-Canadians' are prohibited from purchasing certain residential real estate in Canada.

December 12, 2022

Hotchpot or Not?

Avoid an argument (or worse, a lawsuit) by clarifying how you want outstanding loans to beneficiaries to be dealt with when you are gone.

November 30, 2022

2022 SPA Amendments

What do we do now?

October 21, 2022

3 Things Strata Corporations Often Do Wrong (According to the CRT)

Understanding these common mistakes will hopefully help strata corporations to avoid unnecessary disputes and improve its chances of success should a matter reach the CRT.

September 20, 2022

LOTA Transparency Report Filing Deadline

The deadline to file transparency reports under the Land Owner Transparency Act (“LOTA”) is November 30, 2022. Are you in compliance?

August 24, 2022

Probate Fees

Almost every client asks ‘what are probate fees and how can I avoid them?’ so if these questions have crossed your mind, you are in good company!

June 24, 2022

Estate Planning for Pet Owners

Do you know what will happen to your pets when you are gone?

April 25, 2022

Planned Charitable Giving

What legacy will you leave behind?

March 23, 2022

Should You Disinherit Your Estranged Child?

A will-maker’s failure to provide adequate and proper maintenance and support for their spouse or children can yield serious implications for the will-maker’s estate.

March 8, 2022

Strata Corporations and Covid Restrictions

Although many of the Covid related restrictions imposed throughout the winter have now been lifted, those that remain continue to apply to strata corporations in certain situations.

February 3, 2022

Is it Possible to Probate a Copy of a Will?

What happens when an originally signed will cannot be found? In some cases, it is possible to obtain a grant of probate with respect to a copy of a will.

January 5, 2022

Strata Corporations and the Most Recent Public Health Order

Strata corporations continue to have to navigate Covid related restrictions. The most recent Provincial Health Officer’s Order issued December 22, 2021 has again changed how those restrictions apply to strata corporation settings.

November 17, 2021

Changes are Coming to BC's Wills and Estates Legislation

As of December 1, 2021, remote execution and electronic documentation will be permanently allowed – no state of emergency required.

October 1, 2021

Make-A-Will Week

October 3–9, 2021 is Make-a-Will Week in BC, and it’s a friendly reminder for all of us to ensure our affairs are in order.

September 9, 2021

Strata Corporations and Vaccine Passports

While strata corporations must comply with passport requirements in certain settings, they should be cautions to implement them in others.

July 21, 2021

POAs – a Primer

Whether you are looking to update your Power of Attorney, or have been named as an attorney for someone else, this article provides an overview of what you need to know.

June 11, 2021

Do all of your assets fall into your estate?

The answer may surprise you!

May 3, 2021

Are Two Executors Better Than One?

Considering naming co-executors in your will? Read our summary of a recent decision from BC Supreme Court first!

April 1, 2021

Is that ‘Special Someone’ actually your ‘Spouse’?

If a relationship is found to be ‘spousal’, it can affect your estate in significant ways.

February 26, 2021

Digital Assets & the New Normal

With the transition to life online that has become the new normal for so many of us, the consideration of digital assets in the estate planning process has become more relevant than ever.

December 2, 2020

Changes to BC's Real Property Ownership Regime: Land Owner Transparency Act

LOTA is now in force - what does that mean for you?

October 21, 2020

Restricted Proxy Meetings - An Update

Read on for an update on strata corporations and COVID-19 in this follow up piece to Shawn's March 13, 2020 article on the same topic.

September 18, 2020

The Executor’s Role

Wondering what the role of an executor entails? Read on to find out!

August 12, 2020

Getting Out of Business

Dissolving a company in BC is not as simple as you think.

August 7, 2020

Time to Reopen the Clubhouse?

Has your common room, exercise room, or clubhouse been shut down? Don't reopen without a carefully crafted plan!

June 19, 2020

Why Joint Tenancy May Be a Bad Idea

In an estate planning context, joint ownership is often associated with the goal of reducing the probate fees payable on real property by carving the asset out of a person’s estate. However, in many cases, the risks inherent in joint tenancy tend to outweigh the rewards.

May 22, 2020

Virtual Execution of Estate Planning Documents

As of May 19, 2020, estate planning documents can now be executed in BC using video conferencing technology.

April 3, 2020

Are Your Affairs In Order?

In the wake of COVID-19, it is more important than ever to ensure that your personal affairs are in good order. This includes a comprehensive, up-to-date, and legally valid estate plan.

March 25, 2020

Essential Services in the Context of COVID-19

The COVID-19 pandemic has presented us all with significant challenges, but we are still here to provide essential legal services while protecting the health of all involved.

March 13, 2020

COVID-19 & Strata Corporations

With the COVID-19 virus pandemic gripping the world, strata corporations need to consider how they are going to respond to that and continue to carry on operations. This article outlines some issues to consider.

February 19, 2020

Dealing with Flooring Noise

Noise complaints related to hard surface flooring are becoming more common, but at what point do these noises become unreasonable?

January 14, 2020

Privilege in the Context of Contentious Estates

A recent decision from the British Columbia Supreme Court explains the “wills exception” to legal advice privilege and the role it can play in estate litigation.

November 19, 2019

Must Bylaws Be Enforced?

It is a long standing principle that strata corporations are required to enforce their bylaws...but is that always the case?

October 10, 2019

Can I Have a Roommate?

Many strata corporations have bylaws which prohibit or limit the rental of strata lots, either in part or in whole. A common question which arises is whether or not having one or more roommates violates such a bylaw. The answer, unfortunately, is not all that clear.

August 29, 2019

Service Dogs & Therapy Pets in Strata Corporations

Navigating a request for an accommodation can be a difficult task. Here's why.

May 13, 2019

Is Relocation Ever in a Child's Best Interests?

A recent decision from the British Columbia Supreme Court provides an example of a successful application for relocation.

April 3, 2019

Conducting a Council Hearing

Learn the steps to take and pitfalls to avoid when conducting a hearing before the strata council.

March 21, 2019

Seeking Support and Damages Simultaneously

A recent decision from the British Columbia Supreme Court shows what survivors of family violence may be entitled to from an ex-spouse and alleged abuser.

February 25, 2019

Secret Ballots - Making sure they are truly "secret".

Ever wonder how to properly conduct a secret ballot? This article will explain how.

February 19, 2019

Holding Beneficiaries Hostage

It is common practice for an executor to request that a beneficiary sign a release and indemnity, but is it proper to demand it?

January 8, 2019

Why Financial Disclosure Matters (Even Years After Separation or Divorce)

A recent decision from the British Columbia Supreme Court provides an example of the risks inherent in failing to communicate changes in financial circumstances even years after separation or divorce.

January 2, 2019

Amending Resolutions

Ever wonder what restrictions there are on amending a resolution? This blog explains the basic tests which apply to proposed amendments.

December 19, 2018

Strata Corporations and Easement Agreements

Are your neighbours asking for more than just a cup of sugar?

December 12, 2018

Clubhouse Liability

Ever wonder what risks the strata corporation is taking on by allowing owners to use the clubhouse or common room for private functions?

November 19, 2018

Shifting Soils - When Digging Does Damage

Read about landowners' rights in relation to excavations on neighbouring properties.

November 10, 2018

Dealing with difficult owners.

Some practical tips for how strata councils can deal with unrelenting owners.

October 30, 2018

The Anatomy of an Improperly Imposed Fine

This article examines the mistakes that are often made when imposing fines for bylaw violations in a strata corporation.

October 23, 2018

Making a Claim for Excluded Property

Find out what, if anything, you are rightfully able to claim as excluded property when it comes to division of the assets.

October 17, 2018

Residential Tenancies and Marijuana

Find out how the legalization of marijuana affects residential tenancy relationships.

October 11, 2018

Making the most of your CRT claim.

Understanding how difficult it is to appeal a bad CRT decision shows the value of legal assistance in preparing evidence and submissions.

October 11, 2018

Winding Up a Strata Corporation

Learn the steps involved to windup a strata corporation.

September 25, 2018

Marijuana and Strata Corporations

Find out how changes to the federal marijuana laws will affect strata corporations.

September 12, 2018

Can my strata corporation...?

Owners are often surprised with the extent a strata corporation can control what they do in their home.

September 11, 2018

Video Surveillance in Strata Corporations

Find out what rules govern the use of video surveillance by owners in strata corporations.

April 12, 2018

Pet Problems

Two recent Civil Resolution Tribunal decisions act as a reminder of some of the hard to navigate issues faced by strata corporations when it comes to pet bylaws.

March 11, 2018

Dealing With Deductibles

Determining whether an owner is ultimately responsible to pay an insurance deductible depends on properly applying the test under the law.

March 9, 2018

Strata Arrears - No Reason to Have Them

Strata corporations should never have significant arrears and should never have them for very long. There is simply no reason for it.

March 3, 2018

Accessing Strata Documents

A strata corporation’s obligations with respect to the retention and production of documents are set out in sections 35 and 36 of the Strata Property Act (SPA).