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BENEFICIARY DESIGNATIONS Part 5 of WESA Requires Changes To Estates Practice

BENEFICIARY DESIGNATIONS Part 5 of WESA Requires Changes To Estates Practice

BENEFICIARY DESIGNATIONS Part 5 of WESA Requires Changes To Estates Practice By John W. Bilawich, Holmes & Bilawich Introduction A beneficiary designation is a simple, informal way to pass certain types of benefits to a beneficiary outside one’s estate. Part 5 of WESA expands the kinds of benefit plans that can be dealt with by beneficiary designation and introduces new rules about how designations operate. […]

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Cancelling Distribution and Service Related Contracts

Cancelling Distribution and Service Related Contracts

Cancelling Distribution and Service Related Contracts Robert Holmes presented a paper on “Cancelling Distribution and Service Related Contracts” at the Trial Lawyers Association of BC’s Commercial Law Seminar “Ending Commercial Relationships – Constructive Options for Litigators Whose Clients Want Out” held February 21, 2014. online loan marketplace Share on Facebook

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Logical Consequences – When “must” means may and “may” means must

Logical Consequences – When “must” means may and “may” means must

Getting legal advice on how a statute, regulation or contract is likely to be interpreted by a court is usually a sound idea on any significant business decision.  What may appear straightforward  is not always as non-lawyers would expect.  For example, in some cases, the word “may” is used.  Usually, that would set out the something was permissible, not that it was required.  But context […]

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Penner v Niagara (Regional Police Services Board)

Penner v Niagara (Regional Police Services Board)

Penner v Niagara (Regional Police Services Board) How open and accessible are the courts — should administrative tribunal decisions always bar relitigating issues in parallel civil court proceedings? On April 5, 2013, the Supreme Court of Canada dealt with an unusual situation involving access to justice and civil procedure in Penner v. Niagara (Regional Police Services Board), 2013 SCC 19.  The Ontario courts had struck […]

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Action Dismissed in Veritas v Energulf

Action Dismissed in Veritas v Energulf How long a delay is too long where a party thwarts discovery of triable issues and holding a fair trial is actually prejudiced? On April 11, 2013, in Veritas Geophysical (Nigeria) Limited v. Energulf Resources Inc., 2013 BCSC 630, the BC Supreme Court dismissed an action with costs on grounds of want of prosecution.  Robert D. Holmes, Q.C., was […]

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Successful Appeal in Kilderry v Addwest

Successful Appeal in Kilderry v Addwest

Successful Appeal in Kilderry v Addwest Does B.C. have jurisdiction over a dispute involving an investment by foreign parties in a foreign mine where the only connections to B.C. are that one of parties previously lived here and a corporation added to the case is the ultimate parent of the company that owned the mine? On February 25, 2013, the BC Court of Appeal allowed […]

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July 2012 News

July 2012 News

July 2012 News Robert Holmes QC has stepped down as President of the BC Civil Liberties Association after four years of exemplary service.  He continues to serve on the Board of Directors. John Bilawich will continue as Chair of the CBA-BC Vancouver Civil Litigation section for 2012-2013 Share on Facebook

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Interesting Information on Pre-Judgment Interest

Interesting Information on Pre-Judgment Interest

Interesting Information on Pre-Judgment Interest 1hourpaydayloansnow.com By John W. Bilawich, Holmes & Bilawich Pre-judgment interest is admittedly not, at first blush, the most scintillating subject, but there are some aspects of which counsel should be aware when prosecuting or defending a claim which can make a significant monetary difference to your client.  This article focuses on pre-judgment interest claims in the context of debt and […]

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Dismissal for Want of Prosecution – Should I Apply Before the Limitation Period Expires?

Dismissal for Want of Prosecution – Should I Apply Before the Limitation Period Expires?

Dismissal for Want of Prosecution – Should I Apply Before the Limitation Period Expires? By John W. Bilawich, Holmes & Bilawich The object of the Supreme Court Civil Rules is to secure the just, speedy and inexpensive determination of every proceeding on its merits.  Our civil justice system relies on the parties to set the pace at which a proceeding is prosecuted, subject to the availability […]

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Leslie Muir Appointed Master of BC Supreme Court

Leslie Muir Appointed Master of BC Supreme Court

We are proud to announce that Leslie Muir has been appointed Master of the Supreme Court of British Columbia, sitting in Vancouver starting May 7.  She brings to her new position exceptional knowledge and skills, an open mind and sound judgment. It is sad to be losing her as a colleague, but we will all benefit from this exciting new stage in her legal career. […]

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