May 30, 2019

Target-benefit plans and commuted-value transfer were the focus of the Pension Division Review Project Committee’s May 2019 meeting

The Pension Division Review Project benefits from having an expert project committee. At this month’s meeting, the committee’s attention was focused primarily on two topics: target-benefit plan design and commuted-value transfer. In very simple terms, target-benefit plans are pension plans that combine features found in both of the more-traditional plan designs: Read more…

May 28, 2019

In cases concerning enforceability of positive obligations assumed by a prior owner against successors in title, BC Court of Appeal quotes BCLI Report on Restrictive Covenants, says it makes “compelling case for reform” but the reform must come from the legislature

BCLI’s 2012 Report on Restrictive Covenants was discussed with approval by the British Columbia Court of Appeal in two recent cases: The Owners, Strata Plan BCS 4006 v Jameson House Ventures Ltd, 2019 BCCA 144 and The Owners, Strata Plan LMS 3905 v Crystal Square Parking Corporation, 2019 BCCA 145. Read more…

May 27, 2019

British Columbia Court of Appeal relies on BCLI report on Wills, Estates and Succession in Interpreting BC’s Wills, Estates and Succession Act.

In a recent decision involving the interpretation of the Wills, Estates and Succession Act, SBC 2009, c 13, [WESA], the British Columbia Court of Appeal placed significant reliance on BCLI’s report Wills, Estates an Succession: A Modern Legal Framework on the basis of which the Act was drafted. The case, Robledano v Read more…

April 26, 2019

Pension Division Review Project Committee considers transitional provisions, disability benefits at April meeting

The Pension Division Review Project benefits from having an expert project committee. At this month’s meeting, the committee considered two topics: transitional provisions and disability benefits. The transitional rules that deal with division of pension benefits under the Family Law Act are found in section 253. The committee examined each of Read more…

April 3, 2019

Two new reports the highlight of the first quarter of 2019 for the Strata Property Law Project

2019 got off to a busy start for the Strata Property Law Project—Phase Two. January saw the publication of the Report on Governance Issues for Stratas. In March a second report was published, the Report on Insurance Issues for Stratas. Between these two publications, the project’s last public consultation, on Read more…