Focus On



Friday, May 29, 2020 @ 11:23 AM

Fallout from dirty money and its threat to privacy Moneyfordocuments

In the fallout from Peter German’s sensationally titled and state-sponsored studies, Dirty Money and Vancouver at Risk, looms the spectre of their aftermath which include the eventual recommendations from the Commission of Inquiry into Money Laundering in B.C., political wrangling and policymaking. Thus far, policymakers have called for “greater transparency,” financial reporting requirements, unexplained wealth legislation, enhanced statutory compulsion powers and the creation of vast government databases detailing “beneficial ownership.”  ... [read more]

Friday, May 29, 2020 @ 9:33 AM

Dependants denied support for misconduct: Death and the ‘slayer rule’ denied_stamp_sm

Ontario’s courts and legislature offer an avenue for dependants to challenge how the estate of the deceased is distributed. While a testator generally has the right to dictate what happens to his/her assets upon death, certain relationships create responsibilities that limit this testamentary freedom, and a court might order that the estate pay the dependant support from the estate, over and above what the testator had intended. ... [read more]

Thursday, May 28, 2020 @ 3:06 PM

IRS compliance for foreign owners of U.S. rental properties: Challenges, opportunities House made of money

In the post-COVID-19 world, the name of the game in the United States will continue to be compliance — compliance with federal, state and local statutory and regulatory schemes. For evidence of this trend, look no further than the U.S. Internal Revenue Service’s (IRS) new enforcement campaign aimed at ensuring compliance by foreign owners of U.S. rental properties with U.S. laws on taxation of rental income. ... [read more]

Thursday, May 28, 2020 @ 1:16 PM

Canadian courts adapt to challenges of COVID-19 closed_COVID_sm

Over the past few months, Canadians have experienced unprecedented changes in all facets of their lives. As businesses, from restaurants to banks, have quickly shifted their operations to help flatten the curve, so to have our nation’s courts. ... [read more]

Thursday, May 28, 2020 @ 11:52 AM

Watch out for ex-spouse using COVID-19 to their advantage COVID financial crisis

While the pandemic represents a time of struggle for most people, for some separating or recently separated spouses, it represents a time of opportunity. Those spouses may try to take advantage of the situation, and the operation of Part 1 of Ontario’s Family Law Act, to try to get all of their ex’s wealth. Assisting clients during these difficult times requires an understanding of how that can happen. ... [read more]

Thursday, May 28, 2020 @ 11:19 AM

Concerns for condominium corporations: Fairness, oppression remedy twomenerectingarrow.jpg

Presidents and directors of condominiums have a tough job. As per s. 27 of the Condominium Act, the “board of directors shall manage the affairs of the [condominium] corporation.” Such a mandated management role requires the board to regularly make major decisions that concern the well-being of the condominium corporation overall, such as with respect to its financial health, its necessary repairs and the maintenance of its building(s) and grounds. ... [read more]

Thursday, May 28, 2020 @ 8:42 AM

Validation of deficient testamentary documents in B.C.: Successes hand_written_sm

In the wake of COVID-19 there has been increased discussion in British Columbia of the prospective validation of wills that are not fully compliant with the formal execution requirements set out in s. 37 of the Wills, Estates and Succession Act (WESA). ... [read more]

Wednesday, May 27, 2020 @ 2:50 PM

SCC’s approach to viral disease: COVID-19 Coronavirus.jpg

Part one of this series looked at the Supreme Court of Canada’s (SCC) approach to determining insurance coverage for infectious disease in its decision in Gibbens v. Co-operators Life Insurance Company 2009 SCC 59. In part two, we continue to examine the SCC’s reasoning in Gibbens. ... [read more]

Wednesday, May 27, 2020 @ 12:23 PM

Canada’s mandatory self-isolation laws: Staying compliant quarantine_tape_sm

If selected for an inspection on quarantine requirements, employers of foreign worker must be prepared to answer a range of questions within 48 hours, including: ... [read more]

Wednesday, May 27, 2020 @ 12:03 PM

Wind farm decision sends strong message to renewable energy projects in Ontario windfarmgreen.jpg

In January of this year, we wrote about the revocation of Nation Rise’s Renewable Energy Approval (REA) for its 100-megawatt wind energy project by the Minister of Environment, Conservation and Parks, Jeff Yurek. Minister Yurek had found that the project would cause serious and irreversible harm to nearby bat maternity colonies. A REA is required under the Environmental Protection Act to construct and operate a wind project: the effect of Yurek’s decision was to require the demolition of this almost completed project.  ... [read more]