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# British Columbia Law Institute

British Columbia Law Institute

## Sitemaps

- [XML Sitemap](https://www.bcli.org/sitemap.xml): Contains all public & indexable URLs for this website.

## Posts

- [BCLI issues report curbing unnecessary litigation risk for directors and officers](https://www.bcli.org/bcli-issues-report-curbing-unnecessary-litigation-risk-for-directors-and-officers/) - BCLI has issued a new report aimed at injecting more clarity into an area of law where uncertainty creates unnecessary risk for directors and officers of being sued personally because of wrongs committed by their corporations. The Report on Non-Statutory Liability of Directors and Officers addresses a grey area where corporate law and the law
- [Family-size Class Warfare – Who Gets the Ranch?](https://www.bcli.org/family-size-class-warfare-who-gets-the-ranch/) - Kenneth Jack probably had no idea he was setting up a future class war when he made his will calling for his estate to be divided equally amongst his children who survived him, but that’s what happened. Mr. Jack the Senior (“Mr. Jack”) made a will in 2006 and died in 2018. His will called
- [BC Supreme Court denies application for injunction in commercial dispute, finding plaintiff wouldn’t suffer irreparable harm and balance of convenience favoured defendant](https://www.bcli.org/bc-supreme-court-denies-application-for-injunction-in-commercial-dispute-finding-plaintiff-wouldnt-suffer-irreparable-harm-and-balance-of-convenience-favoured-defendant/) - Auora Climbing Inc. v Kilter, LLC, 2026 BCSC 290, was a dispute between two commercial parties involved in developing equipment and applications for climbing gyms: The parties have a longstanding relationship and worked together to develop the functioning of the App with Kilter’s climbing boards. The exact nature of their respective involvement is disputed. For
- [Injunction restrains MNR from deregistering Vancouver charity pending constitutional challenge](https://www.bcli.org/injunction-restrains-mnr-from-deregistering-vancouver-charity-pending-constitutional-challenge/) - Coram Deo Foundation v Canada (Minister of National Revenue), 2026 BCSC 123, concerned a registered charity that had received a notice of deregistration from the Minister of National Revenue. With deregistration imminent, the charity applied to the BC Supreme Court for “an interim injunction enjoining the Minister from publishing the Notice, pending the outcome of
- [Media Release: BCLI Releases Study Paper on Public Hearings](https://www.bcli.org/media-release-bcli-releases-study-paper-on-public-hearings/) - Vancouver, BC – April 6, 2022 – The British Columbia Law Institute (BCLI) has released its Study Paper on Public Hearings: An Examination of Public Participation in the Adoption of Local Bylaws on Land Use and Planning. This study paper provides a comprehensive overview of British Columbia's public hearings law and lays the necessary groundwork
- [New BCLI Study Paper on a Current Issue in Construction and Property Law](https://www.bcli.org/new-bcli-study-paper-on-a-current-issue-in-construction-and-property-law/) - BCLI has issued a new publication dealing with a growing issue in urban development. The Study Paper on Access to Neighbouring Land and Airspace for Construction-Related Purposes released in January 2026 looks at options to avoid disputes over access by developers to land and airspace surrounding a building site during construction projects, and to resolve
- [The Limits of What Is “Reasonably Necessary”: BC Supreme Court Refuses Broad Injunctive Relief in Post‑Employment Competition Dispute](https://www.bcli.org/the-limits-of-what-is-reasonably-necessary-bc-supreme-court-refuses-broad-injunctive-relief-in-post-employment-competition-dispute/) - In AFX Mixing & Pumping Technologies Inc. v. McKinon, 2025 BCSC 2573, the British Columbia Supreme Court dismissed an application for a second interlocutory injunction that would have barred a former managing director from doing business with his former employer’s clients until trial. The plaintiff company, AFX Mixing & Pumping Technologies Inc. (“AFX”), sells and distributes industrial mixing and pumping equipment.
- [Injunction available to fill remedial gap in labour case: BC Court of Appeal](https://www.bcli.org/injunction-available-to-fill-remedial-gap-in-labour-case-bc-court-of-appeal/) - TELUS Communications Inc. v Telecommunications Workers Union, 2026 BCCA 5, was an appeal of a chambers judge’s decision, which “challenges an order granting an interim injunction against a federally regulated employer in the labour relations context. The injunction has since expired but legal questions arising from that proceeding will benefit from appellate consideration.” As the
- [BC Supreme Court grants statutory injunction in construction dispute](https://www.bcli.org/bc-supreme-court-grants-statutory-injunction-in-construction-dispute/) - In Surrey (City) v Randhawa, 2026 BCSC 16, “the City of Surrey [sought] various declarations and injunctive relief to restrain the respondents from conducting further construction and to require the demolition of what it says is the unauthorized construction on the Property”. The case illustrates how the court deals with statutory injunctions, which are subject
- [New Brunswick court grapples with test for permanent injunction](https://www.bcli.org/new-brunswick-court-grapples-with-test-for-permanent-injunction/) - Royal Bank of Canada v Dickinson, 2025 NBKB 159, was a case involving a mortgage dispute. The respondent was in default, which “led to a mortgage sale, at which the Applicant was the purchaser, and a subsequent notice to vacate sent to the Respondent by the Applicant. The Respondent has failed to comply with the
- [Ontario court orders mandatory injunction in franchise dispute](https://www.bcli.org/ontario-court-orders-mandatory-injunction-in-franchise-dispute/) - In Keller Williams Realty v VIP Realty Inc., 2025 ONSC 7152, the plaintiffs sought “an order enjoining the Defendants from operating competing real estate brokerages, breaching various terms of their franchise agreements”. “In essence”, the court explained, “the Plaintiffs raise two sets of claims against the Defendants. KWR’s claims concern the Defendants’ alleged breach of
- [BC Supreme Court restrains City of Kelowna from terminating lease in the midst of real-estate-development dispute](https://www.bcli.org/bc-supreme-court-restrains-city-of-kelowna-from-terminating-lease-in-the-midst-of-real-estate-development-dispute/) - 350 Doyle Avenue Holdings Inc. v City of Kelowna, 2025 BCSC 2532, concerned an application “for an interlocutory or, alternatively, interim injunction preventing the defendant, the City of Kelowna . . ., from terminating a 99-year lease for property located in downtown Kelowna”. The case involved three conjoined actions over a large-scale real-estate development and the decision
- [Charter remedy not available in contempt of court case: Alberta Court of Appeal](https://www.bcli.org/charter-remedy-not-available-in-contempt-of-court-case-alberta-court-of-appeal/) - The underlying dispute in Lymer v Jonsson, 2025 ABCA 423, concerned an investment scheme in breach of the Alberta Securities Act, RSA 2000, c S-4. The appellant in this Alberta Court of Appeal decision from late December 2025 was involved in the promotion of this scheme. The appellant was also, as the court explained, “an
- [Alberta Court of Appeal overturns mandatory injunction to transfer land](https://www.bcli.org/alberta-court-of-appeal-overturns-mandatory-injunction-to-transfer-land/) - Scammell v Scammell, 2025 ABCA 425, was an appeal from a decision of a chambers judge “removing [the appellant] as co-trustee of the Scammell Family Trust, appointing her brother Randy Scammell as co-trustee in her place, and directing her to transfer three parcels of land to her brothers Randy and the respondent Colin Scammell”. The
- [BC Supreme Court grants injunction restraining Indigenous financial-services business from competing with former employer](https://www.bcli.org/bc-supreme-court-grants-injunction-restraining-indigenous-financial-services-business-from-competing-with-former-employer/) - In a case decided near the end of December 2025, the BC Supreme Court considered the application of the three-stage test for a pre-trial injunction to a case involving the enforcement of restrictive covenants in a contractual dispute. People Corporation v White Raven Consulting Ltd., 2025 BCSC 2525, concerned an application for “an interlocutory injunction
- [December 2025 Newsletter: News from the BCLI!](https://www.bcli.org/december-2025-newsletter-news-from-the-bcli/) - New Publications British Columbia Law Institute is pleased to release two new publications. Questions and Answers About Pension Division on the Breakdown of a Relationship in British Columbia 5th Edition British Columbia Law Institute is pleased to release Questions and Answers about Pension Division on the Breakdown of a Relationship in British Columbia, a trusted guide
- [A Weighty Source: UNDRIP as International Law](https://www.bcli.org/a-weighty-source-undrip-as-international-law/) - BC’s highest court has clarified the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) should be applied as a “weighty source” for the interpretation of Canadian law.[1] It also rejected the characterization of UNDRIP as a non-binding international instrument. In Gitxaala v. British Columbia (Chief Gold Commissioner), 2025 BCCA 430, this conclusion was reached
- [Don’t try to make your will by e-mail](https://www.bcli.org/dont-try-to-make-your-will-by-e-mail/) - Even though BC’s Wills, Estates and Succession Act (WESA) now allows electronic wills, don’t try to make your will by e-mail or by sending a text. Even an electronic will has to meet the usual formalities needed to make a will, namely signature by the will-maker in the presence of two witnesses who also sign
- [November 2025 Newsletter: News from the BCLI!](https://www.bcli.org/november-2025-newsletter-news-from-the-bcli/) - News and Updates Consultation Paper Released BCLI has released a Consultation Paper on Non-Statutory Liability of Directors and Officers and is looking for feedback on it by 31 December 2025. There is conflicting case law on when corporate directors and officers may become personally liable to third parties for wrongful acts or omissions of the
- [BC Supreme Court Finds Preserving Rule of Law "Paramount" in Walbran Valley Injunction Ruling ](https://www.bcli.org/bc-supreme-court-finds-preserving-rule-of-law-paramount-in-walbran-valley-injunction-ruling/) - In TsawakQin Forestry Limited Partnership v O'Connell, 2025 BCSC 1880, the British Columbia Supreme Court granted an interim injunction halting the efforts of a group of protestors who had blocked an access road near Carmanah Walbran Provincial Park on Vancouver Island. The blockade was constructed in protest to lumber harvesting activities by the plaintiffs, Tsawak-Qin
- [BCLI Recommendation Implemented: Abolition of the Shimco Lien ](https://www.bcli.org/bcli-recommendation-implemented-abolition-of-the-shimco-lien/) - Change rarely happens overnight, and sometimes law reform is no exception. Two decades after BCLI first recommended the abolition of the Shimco lien, Bill 20, the Construction Prompt Payment Act, brings that recommendation closer to reality. The BCLI team is always pleased when our recommendations are implemented, and in the case of this change, it is
- [Not in Canada You Say? - Mark Zuckerberg Dodged Corporate Officer Liability Under US Law– What if he’d been sued in Canada?](https://www.bcli.org/not-in-canada-you-say-mark-zuckerberg-dodged-corporate-officer-liability-under-us-law-what-if-hed-been-sued-in-canada/) - In both Canada and the U.S., Meta and other social media companies are being sued for allegedly designing their algorithms to produce addictive usage by children and adolescents. In the legal action started in Canada by the Toronto District School Board, only social media companies are being sued, not any individuals.[1] In contrast, some of
- [Is Airspace Property?](https://www.bcli.org/is-airspace-property/) - What rights does an owner of land have in the airspace above the land? The answer to that question has a great deal to do with the degree of control an owner can exert over the aerial activities of others, whether they are aviators, balloonists, trapeze artists, or a contractor whose crane in the adjacent
- [NS Supreme Court denies injunction despite finding applicant had a strong prima facie case](https://www.bcli.org/ns-supreme-court-denies-injunction-despite-finding-applicant-had-a-strong-prima-facie-case/) - In Court v Court, 2025 NSSC 303, the Supreme Court of Nova Scotia found that an applicant wasn’t entitled to a pre-trial injunction despite having a strong prima facie (= “at first sight”; based on a first impression) case. The Nova Scotia decision is an interesting example of how a court in another Canadian province
- [Reliance on hearsay, breadth of order lead BC Court of Appeal to deny ministry’s request for a permanent injunction](https://www.bcli.org/reliance-on-hearsay-breadth-of-order-lead-bc-court-of-appeal-to-deny-ministrys-request-for-a-permanent-injunction/) - British Columbia (Ministry of Social Development and Poverty Reduction) v Choquette, 2025 BCCA 333, involved an appeal by the ministry from a chambers judge’s decision to reject a claim for a permanent injunction. The appeal largely turned on the application of section 42 of the Evidence Act—which sets out the business-records exception to hearsay evidence.
- [BCLI Participates in Uniform Law Conference of Canada’s 2025 Annual Meeting](https://www.bcli.org/bcli-participates-in-uniform-law-conference-of-canadas-2025-annual-meeting/) - Representatives from BCLI customarily attend the Annual Meeting of the Uniform Law Conference of Canada (ULCC) as members of the British Columbia delegation. This year was no exception. BCLI’s Executive Director, Karen Campbell, and Senior Staff Lawyer Greg Blue, KC took part in the ULCC’s 107th Annual Meeting held in Halifax from 10-14 August 2025.
- [Mortgage Law Reform in British Columbia: The Mortgage Services Act](https://www.bcli.org/mortgage-law-reform-in-british-columbia-the-mortgage-services-act/) - BC’s mortgage regulatory landscape is undergoing a significant overhaul. The Mortgage Services Act (MSA), which was passed in 2022 through Bill 29, will come into force on October 13th 2026, replacing the dated Mortgage Brokers Act (MBA) which has governed the industry since 1972. Reasons for change The MSA is part of the province’s broader
- [September 2025 Newsletter: News from the BCLI!](https://www.bcli.org/september-2025-newsletter-news-from-the-bcli/) - News and Updates Read BCLI’s 2024 Annual Report We’re pleased to share BCLI’s 2024 Annual Report, showcasing a year of innovative law reform and forward-looking initiatives. Guided by our 2023 strategic plan and its five key pillars, this report highlights our ongoing commitment to collaboration, clarity in the law, just and innovative solutions, and expanding
- [The Rule of Law within a Legally Plural Society](https://www.bcli.org/the-rule-of-law-within-a-legally-plural-society/) - In R v Cavanaugh, 2025 BCCA 252 (Cavanaugh), the BC Court of Appeal (BCCA) touches on a number of important legal issues. An earlier post on this blog summarized parts of the case that deal with using the court’s contempt power to punish the breach an injunction in a resource dispute. This post focuses on
- [Irreparable harm in the spotlight as injunction denied in commercial-lease dispute](https://www.bcli.org/irreparable-harm-in-the-spotlight-as-injunction-denied-in-commercial-lease-dispute/) - In Naghmeh v 1530378 B.C. Ltd., 2025 BCSC 1673, the BC Supreme Court declined to grant commercial tenants the injunction they sought against their landlord in a dispute over parking at a “a multi-unit commercial centre”. The case allowed the court to consider the legal framework for granting injunctions set out in RJR‑MacDonald Inc. v
- [BC ministry declares its policy intentions on parentage](https://www.bcli.org/bc-ministry-declares-its-policy-intentions-on-parentage/) - In a significant step toward new legislation, the Ministry of Attorney General for BC has just published a policy intentions paper (PDF) for Phase 2 of the Family Law Act Modernization Project. The ministry’s paper “addresses several important topics that support parents and guardians in resolving family law matters outside of court, increase flexibility for
- [The persistence of the Shimco Lien: Revisiting the dual lien theory in light of Kingdom Langley Project Ltd. Partnership v WQC Mechanical Ltd.](https://www.bcli.org/the-persistence-of-the-shimco-lien-revisiting-the-dual-lien-theory-in-light-of-kingdom-langley-project-ltd-partnership-v-wqc-mechanical-ltd/) - Introduction A recent decision of the British Columbia Court of Appeal, Kingdom Langley Project Ltd. Partnership v WQC Mechanical Ltd. (Kingdom Langley) has reaffirmed the controversial interpretation of the holdback provisions of the Builders Lien Act (Act). The controversy emanates from the Court’s earlier ruling in Shimco Metal Erectors Ltd. v North Vancouver (District) (Shimco),
- [BC Court of Appeal declines to allow colour-of-right defence based on Indigenous laws](https://www.bcli.org/bc-court-of-appeal-declines-to-allow-colour-of-right-defence-based-on-indigenous-laws/) - R v Cavanaugh, 2025 BCCA 252, was an appeal from several convictions for criminal contempt. The convictions involved interfering with a Trans Mountain pipeline site in breach of an injunction. “The primary issue on appeal”, the court noted, was “whether the judge failed to take Indigenous laws into account when assessing the mens rea element
- [July 2025 Newsletter: News from the BCLI!](https://www.bcli.org/july-2025-newsletter-news-from-the-bcli/) - News and Updates Now Accepting Nominations: Join BCLI’s Board of Directors BCLI is currently seeking nominations for two dedicated and visionary individuals to join our Board of Directors. We are an independent not-for-profit law reform agency that works to improve and modernize laws. Since 1997, we have been conducting law reform projects in the public
- [Legislating Support for Self-Determination and FPIC: Lessons from Colombia](https://www.bcli.org/legislating-support-for-self-determination-and-fpic-lessons-from-colombia/) - Recent developments in Colombia shed light on potential pathways for strengthening state recognition of self-determination and free, prior, and informed consent (FPIC) of Indigenous peoples through legislation. In May 2025, the national government of Colombia published Decree 0488/2025,[1] which advances Indigenous self-determination and autonomy within state recognized Indigenous Territories through the force of law. The
- [How British Columbia’s Wills Reform Helped Shape England and Wales’ Proposed Wills Act](https://www.bcli.org/england-wales-wills-act/) - Introduction In shaping its proposals for wills law reform, the Law Commission of England and Wales found a compelling model in British Columbia’s Wills, Estates and Succession Act (WESA), a statute shaped in part by the 2006 BCLI report on succession law. Elements of BCLI’s recommendations now appear in the Law Commission’s 2025 report, Modernising
- [BC Supreme Court denies anticipatory injunction in racetrack dispute](https://www.bcli.org/bc-supreme-court-denies-anticipatory-injunction-in-racetrack-dispute/) - Harness Racing B.C. Society v Orangeville Raceway Limited, 2025 BCSC 1249—a recent decision of the BC Supreme Court—was a dispute between the owners of a horse-racing facility (the defendants) and a society and its members (the plaintiffs), who were among the main users of the racetrack facility. The dispute turned on a rat infestation at
- [Project Update: Pension Division Q+A 5th Edition](https://www.bcli.org/project-update-pension-division-qa-5th-edition/) - BCLI has continued its commitment to improving family law in BC through its Pension Division Questions and Answers series. The Q+A is a definitive guide that speaks of the complex legal issues that arise when a spousal relationship breaks down and the family property to be divided includes benefits in a pension plan. The first
- [May 2025 Newsletter: News from the BCLI!](https://www.bcli.org/may-2025-newsletter-news-from-the-bcli/) - News and Updates BCLI Releases Study Paper on Economic Abuse and Family Business and Report on Public Hearing Reform We pleased to share the release of BCLI's latest study paper and report: Study Paper on Understanding Economic Abuse through Family Businesses in Family Law Cases and Report on Renovating the Public Hearing. Report on Renovating the Public Hearing The
- [A Report on Year Seven (2003-04 Annual Report)](https://www.bcli.org/a-report-on-year-seven-2003-04-annual-report/)
- [February 2025 Newsletter: News from the BCLI!](https://www.bcli.org/february-2025-newsletter-news-from-the-bcli/) - A New Home for CCEL The Canadian Centre for Elder Law Moves to TRU Faculty of Law The BC Law Institute (BCLI) Board is excited to announce a new chapter for the Canadian Centre for Elder Law (CCEL) as it transitions to the Thompson Rivers University (TRU) Faculty of Law, and it will no longer
- [Pension division reform and fifth edition Q+A updates](https://www.bcli.org/pension-division-reform-and-fifth-edition-qa-updates/) - BCLI is pleased to note that on January 1, 2025, sections 8, 9, 11 to 14, and 17 to 20 of the Family Law Amendment Act as well as the Division of Pensions Regulations came into force. This Act implemented BCLI’s recommendations on reforms to part 6 of the Family Law Act and the Division
- [Public hearings committee completes review of draft report](https://www.bcli.org/public-hearings-committee-completes-review-of-draft-report/) - At its last meeting for 2024, the Renovate the Public Hearing Project Committee continued its review of the first draft of its final report. Building on the previous committee meeting, which considered legislation requiring a public hearing on a local-land-use bylaw, the committee moved on to discuss other forms of engagement. Local governments are frequently
- [December 2024 Newsletter: News from the BCLI!](https://www.bcli.org/december-2024-newsletter-news-from-the-bcli/) - BCLI Congratulates Nancy Carter, KC At the recent Premier’s Awards for public service, Nancy Carter, KC, was inducted into the BC Public Service Hall of Excellence. The hall recognizes individuals who have made exceptional and lasting contributions to British Columbia. Until her recent retirement, Nancy was a lawyer who had served in various roles within the ministry of attorney
- [How a Metropolitan Mindset Can Inspire Collaborative Solutions to the Housing Crisis](https://www.bcli.org/how-a-metropolitan-mindset-can-inspire-collaborative-solutions-to-the-housing-crisis/) - On November 25, BCLI staff attended Metropolitan Mindset: How Regional Governments Can Help Solve the Housing Crisis, at the Peter A. Allard School of Law. The event was hosted by the Housing Research Collaborative and featured a panel conversation with: Don Iveson, Chair of the Board of Directors, CMHC; Gabriel Eidelman, Director, Urban Policy Lab,
- [First Draft of the Renovate the Public Hearing Project Final Report Discussed](https://www.bcli.org/first-draft-of-the-renovate-the-public-hearing-project-final-report-discussed/) - BCLI’s Renovate the Public Hearing Project Committee met on November 15 to discuss the first draft of the final report following the conclusion of the public consultation. During the meeting, the Committee focused on discussing the current place of public hearings in light of government reform. Last year, amendments to the Local Government Act no
- [BCLI Annual Reports 2022](https://www.bcli.org/bcli-annual-reports-2022/) - 2022 Annual Report - Final (dual spread)Download
- [BCLI Annual Reports 2023](https://www.bcli.org/bcli-annual-reports-2023/) - Annual Report 2023 SpreadDownload
- [BCLI Pension Division Report Recommendations Implemented](https://www.bcli.org/bcli-pension-division-report-recommendations-implemented/) - In 2021, we published a report on pension division after the breakdown of a relationship. This report, created with the assistance of an expert project committee, recommended changes to part 6 of the Family Law Act and the Division of Pension Regulations. In 2023, the Family Law Amendment Act, 2023 was passed, which implemented our
- [Ensuring Equitable Parentage: Proposed Reforms for Part 3 of the Family Law Act](https://www.bcli.org/report-on-parentage-release/) - In July 2024, We released a report with recommendations for reforming Part 3 of the Family Law Act, which outlines the legal framework for parentage in British Columbia. Parentage plays a crucial role in establishing a child's identity, including family name, relationships, nationality, and cultural heritage. It also determines important legal rights and responsibilities, such
- [Advancing Social Justice: Recent Legislative Acts Passed in B.C.](https://www.bcli.org/advancing-social-justice/) - The B.C. Legislative Assembly recently passed 27 bills, including 17 amendments to existing acts and 10 new acts. Highlighted in this post are acts that address social justice issues with the goal of improving life for B.C. residents. Tackling inflating housing costs What: Bill 15, informally known as the “Home Flipping Act,” creates a 20%
- [Stories in Economic Abuse: Tools of Harm](https://www.bcli.org/stories-in-economic-abuse/) - Our project on economic abuse and family litigation is well underway. Currently, our research is delving into case law to uncover how family business can be used as tools of economic abuse. The analysis reveals fascinating and important patterns in the behavior of perpetrators and the legal responses to them. An example, Droit de la
- [June 2024 Newsletter: News from the BCLI!](https://www.bcli.org/june-2024-newsletter-news-from-the-bcli/) - News and Updates Advancing Social Justice: Recent Legislative Acts Passed in B.C. The B.C. Legislative Assembly recently passed 27 bills, including 17 amendments to existing acts and 10 new acts. We are pleased to summarize (some of) these changes, with an emphasis on those that address social justice issues with the goal of improving life
- [New Faces, Fond Farewells: A Record Year of New Faces](https://www.bcli.org/new-faces-fond-farewells-a-record-year-of-new-faces/) - We'd like to introduce our new team members and bid a farewell to our departing board member. This year, we're especially excited to welcome a record number of students joining us across the country. Here’s a bit about everyone: New Staff and Students Marie Ong, Staff Lawyer Marie completed her law degree from UBC and
- [May 2024 Newsletter: News from the BCLI!](https://www.bcli.org/may-2024-newsletter-news-from-the-bcli/) - Publications We’ve Published Our Report on Artificial Intelligence and Civil Liability We are pleased to announce the release of Report on Artificial Intelligence and Civil Liability.Learn about why it is important in our blog post here.What is in the report? Explanation of what the term "artificial intelligence" is typically taken to mean, and its significant impact on tort
- [Release of Report on Artificial Intelligence and Civil Liability](https://www.bcli.org/ai-report-release/) - If you are injured by a robot waiter, hit by a driverless taxi, or libelled by chatbot, what should the legal consequences be? With BCLI’s release (in May 2024) of the Report on Artificial Intelligence and Civil Liability, we offer answers to this question and many others regarding civil justice in cases involving harm caused
- [Modernizing Family Law On Parentage](https://www.bcli.org/modernizing-family-law-on-parentage/) - We are Family There are so many paths to building families and becoming parents. How we create families and become parents is different for each and every one of us. There is no one universal story. There are many stories and lived experiences on this journey and so many more of them involve creating families
- [Last day to have your say on renovating the public hearing](https://www.bcli.org/last-day-to-have-your-say-on-renovating-the-public-hearing/) - The public consultation for the Renovate the Public Hearing Project is closing today. You have until midnight to make your views known on how to reform public engagement on local-land-use bylaws. Copies of the Consultation Paper on Renovating the Public Hearing, a response booklet, and a link to our survey are available on the project
- [March 2024 Newsletter: News from the BCLI!](https://www.bcli.org/march-2024-newsletter-news-from-the-bcli/) - Share your thoughts about the Public Hearing Process. Our Consultation Paper on Renovating the Public Hearing gives readers information on the current BC law, the United Nations Declaration on the Rights of Indigenous Peoples, and a range of options for reform. Share your comments before March 22, 2024. New Dementia + Decision-Making Project Video: Insights
- [Introducing Our Newest Board Members and Staff](https://www.bcli.org/new-board-staff/) - We are thrilled to welcome two wonderful individuals to our board of directors and a capable addition to our staff. Their diverse expertise and commitment to excellence will undoubtedly enrich our organization's efforts to improving laws in BC. New Board Members: Audrey Jun is a lawyer and the Executive Director at Nidus Personal Planning Resource
- [Thank You and Farewell to Emily Clough](https://www.bcli.org/thank-you-emily-clough/) - We at BCLI would like to bid a grateful farewell and give a big thank you to Emily Clough as she concludes her term on our Board. Emily’s sojourn with us at the BCLI began when she was appointed to the Board by the Ministry of Attorney General in March of 2018. She brought a
- [Last week to have your say in public hearings consultation](https://www.bcli.org/last-week-to-have-your-say-in-public-hearings-consultation/) - BCLI’s consultation for its Renovate the Public Hearing Project is entering its last week. You have until Friday, 22 March 2024, to give the project committee your thoughts on six issues for reform. The committee will consider submissions in the consultation as it develops its final recommendations for the project. To read the consultation paper
- [Farewell to Our CCEL Director Kelly Melnyk](https://www.bcli.org/farewell-to-our-ccel-director-kelly-melnyk/) - With mixed emotions, we bid farewell to Kelly Melnyk, our Canadian Centre for Elder Law (CCEL) Director, as she embarks on a new journey. While we’re saddened to see her leave, we are thrilled for the exciting opportunities ahead for her. During her short time with us, Kelly led the important work of the CCEL
- [Public hearings consultation extended](https://www.bcli.org/public-hearings-consultation-extended/) - The consultation period for the Consultation Paper on Renovating the Public Hearing has been extended to 22 March 2024. Please visit the Renovate the Public Hearing project page to download your copy of the consultation paper and to read about how to submit a response.
- [Spotlight on renovating the public hearing: Should BC legislation on local-land-use bylaws specify procedural requirements for public engagement and public hearings?](https://www.bcli.org/spotlight-on-renovating-the-public-hearing-should-bc-legislation-on-local-land-use-bylaws-specify-procedural-requirements-for-public-engagement-and-public-hearings/) - BCLI is running a public consultation (closing date: 15 March 2024 update: the closing date has been extended to 22 March 2024) for its Renovate the Public Hearing Project. The consultation is asking for your views on options for reforming public engagement on local-land-use bylaws. For more information about how to participate in the public
- [February 2024 Newsletter: News from the BCLI!](https://www.bcli.org/february-2024-newsletter-news-from-the-bcli/) - Upcoming Events How would you renovate the public hearing process? Feb 28 from 6:00-7:00 PM (PST) on Zoom​We’re partnering with Women Transforming Cities to host this virtual town hall focused on improving BC’s legislation that guides public engagement when a local government is enacting a land-use by-law. Event details and registration can be found here. Oxford Handbook of Comparative Trust
- [January 2024 Newsletter: News from the BCLI!](https://www.bcli.org/january-2024-newsletter-news-from-the-bcli/) - Publications Dementia + Decision-Making The CCEL Dementia + Decision-Making Project is an initiative to support the rights of people living with dementia in making decisions about their care and well-being. We have developed a package of resources – videos, practical guides, information pamphlets and decision-making flow charts – to share practical and legal information about these issues.
- [December 2023 Newsletter: News from the BCLI!](https://www.bcli.org/december-2023-newsletter-news-from-the-bcli/) - Publications Renovate the Public Hearing Consultation Paper BCLI is exploring improvements to BC’s legislation on public engagement when a local government is enacting a land-use bylaw. Our Renovate the Public Hearing Project provides an opportunity to think about public engagement on land use from first principles, consider new insights into group deliberation, and create a
- [November 2023 Newsletter: CCEL Celebrates 20 Years](https://www.bcli.org/news-from-the-bcli-ccel-celebrates-20-years/) - Thank You for Celebrating 20 Years of CCEL In early November, the Canadian Center for Elder Law (CCEL) celebrated its 20th anniversary. To mark the occasion, Canadian Elder Law Conference Chairs Hugh McLellan, Kimberly Whaley, Geoff White, KC, and the BCLI hosted a reception for conference attendees and the many people who are part of
- [Legal Pluralism and the SCC’s decision in Reference re An Act respecting First Nations, Inuit and Métis children, youth and families](https://www.bcli.org/legal-pluralism-and-the-sccs-decision-in-reference-re-an-act-respecting-first-nations-inuit-and-metis-children-youth-and-families/) - Megan Vis-Dunbar The BCLI’s Reconciliation Primers highlight how legal pluralism underpins meaningful implementation of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). It can support the application and prioritization of separate and shared legal authorities. As noted in Legal Pluralism: Indigenous Legal Orders & Canadian State Law, the Act respecting First Nations, Inuit and Métis The BCLI’s Reconciliation Primers highlight how legal pluralism underpins meaningful implementation of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). It can support the application and prioritization of separate and shared legal authorities. As noted in Legal Pluralism: Indigenous Legal Orders & Canadian State Law, the Act respecting First Nations, Inuit and Métis children, youth and families (the Act) presents a helpful example for how legislation can create a framework for coordinating the application of different Indigenous legal orders and state laws. In assessing the constitutionality of the Act, the Supreme Court of Canada applied a legal pluralist analysis.[1] The Court’s analysis draws out some of the layers of legal pluralism within the Act. It is helpful to understanding the relationships between different legal norms within the legislation and Parliament’s vision for building and maintaining respectful relationships between distinct legal orders. The Court articulated some of the ways in which the legislation brings together three different legal norms: Indigenous laws, Canadian Crown laws, and international legal standards. These norms are reflected in the process leading up to development of the Act, the text of the Act, its purpose, and the space it creates for developing legislation and government-to-government arrangements moving forward. As the Court noted, these distinct legal norms are not stand alone elements within the legislation. They are interwoven and mutually reinforcing. For example, the purpose of the Act has three interwoven elements which support the overarching purpose of protecting the well-being of Indigenous children, youth and families. The interwoven elements of the purpose are an affirmation of inherent Indigenous jurisdiction in relation to child and family services, legislative provisions enacted by Parliament to establish national standards, and international standards as articulated in UNDRIP. The Court helpfully provides examples of how these distinct elements are mutually reinforcing: Affirming the legislative authority of Indigenous groups, communities and peoples and adopting national standards were viewed as an integral part of implementing aspects of the UNDRIP. Similarly, the affirmation of Indigenous legislative authority was also seen to sit comfortably alongside the national standards articulated by Parliament, because Indigenous communities had been participants in formulating the standards and were expected to be participants in implementing them thereafter.[2] As the BCLI has noted in the Reconciliation Primers, there are various ways state law can facilitate respectful relationships between distinct legal norms in a manner consistent with UNDRIP. Further, the effect of creating space for the exercise of jurisdiction by Indigenous Peoples and communities, is to invite further weaving together of Indigenous, national and international law to protect the well-being of Indigenous children, youth and families.[3] In affirming Parliament’s openness to a legally plural framework for reconciliation, the Act and the Court’s decision help shed some insight on a path forward in the area of child and family well-being. The shift this legislation represents towards respect for Indigenous legal orders on par with federal state law is a welcome shift in the Canadian legal framework. _____ [1] See Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5. [2] Supra note 1 at para. 53. [3] Supra note 1 at para. 134.
- [One month left to have your say on renovating the public hearing](https://www.bcli.org/one-month-left-to-have-your-say-on-renovating-the-public-hearing/) - BCLI is currently seeking input on how local governments engage the public over land-use bylaws. The Consultation Paper on Renovating the Public Hearing poses six broad issues for reform and sets out a series of options for addressing each of them. The consultation for this project has one month remaining. It will close on Friday,
- [CCEL Dementia + Decision Making Project](https://www.bcli.org/ccel-dementia-decision-making-project/) - January is Alzheimer’s Awareness month and the Canadian Centre for Elder Law is commemorating the month with the much anticipated release of the Dementia + Decision-Making Project. Building on our previous work, which revealed that there is a need to better engage people living with dementia in decisions relating to their care and well being,
- [Public-hearings consultation reaches halfway mark](https://www.bcli.org/public-hearings-consultation-reaches-halfway-mark/) - As of today, BCLI is halfway through its public consultation for the Renovate the Public Hearing Project. You have until 15 March 2024 to respond to our issues for reform. This project examines provincial legislation that requires local governments to engage the public on proposed land-use bylaws. In British Columbia, the default form of this
- [The Lasting Impact of BCLI’s Guide to Gender Diversity in Legal Writing](https://www.bcli.org/guide-to-gender-diversity-in-legal-writing/) - When BCLI first created the guide to “Gender Diversity in Legal Writing: Pronouns, Honorifics, and Gender-Inclusive Techniques,” we hoped it would be an important reference for the legal community and beyond. At the time, BCLI saw a gap in resources to support legal writers who were moving to a more inclusive writing style. There were
- [Public engagement on phase two of Family Law Act modernization now open](https://www.bcli.org/public-engagement-on-phase-two-of-family-law-act-modernization-now-open/) - BC government seeking the public's views on family-law topics The Ministry of Attorney General for BC has just announced a public-engagement program for phase two of its project to modernize the Family Law Act. This program gives the public an opportunity to share its thoughts on ministry proposals for reform concerning the following topics: guardianship
- [Spotlight on renovating the public hearing: Should BC legislation be amended to enable other forms of public engagement on local land-use bylaws?](https://www.bcli.org/spotlight-on-renovating-the-public-hearing-should-bc-legislation-be-amended-to-enable-other-forms-of-public-engagement-on-local-land-use-bylaws/) - BCLI is running a public consultation (closing date: 15 March 2024) for its Renovate the Public Hearing Project. The consultation is asking for your views on options for reforming public engagement on local-land-use bylaws. For more information about how to participate in the public consultation, please visit the Renovate the Public Hearing Project webpage. This
- [Spotlight on renovating the public hearing: When should the public hearing not be held?](https://www.bcli.org/spotlight-on-renovating-the-public-hearing-when-should-the-public-hearing-not-be-held/) - BCLI is running a public consultation (closing date: 15 March 2024) for its Renovate the Public Hearing Project. The consultation is asking for your views on options for reforming public engagement on local-land-use bylaws. For more information about how to participate in the public consultation, please visit the Renovate the Public Hearing Project webpage. This
- [Have your say on reforming public engagement on land-use bylaws](https://www.bcli.org/have-your-say-on-reforming-public-engagement-on-land-use-bylaws/) - The British Columbia Law Institute has launched a public consultation on improving BC’s legislation that governs public engagement when a local government is enacting a land-use bylaw. The centrepiece of this consultation is the Consultation Paper on Renovating the Public Hearing, which gives readers information on the current law, the United Nations Declaration on the
- [New BC Housing Legislation Brings Changes to the Public Hearings Process](https://www.bcli.org/new-bc-housing-legislation-brings-changes-to-the-public-hearings-process/) - The BC government has made significant changes to residential development in the province following the Royal Assent of three new housing statutes in late November. One of these statutes, the Housing Statutes (Residential Development) Amendment Act, 2023 (Bill 44), introduces a suite of amendments to both the Local Government Act and the Vancouver Charter which
- [BCLI attends BC Cabinet & First Nations Leaders' Gathering 2023](https://www.bcli.org/bcli-attends-bc-cabinet-first-nations-leaders-gathering-2023/) - The British Columbia Law Institute was delighted to host a table at the 2023 BC Cabinet & First Nations Leaders’ Gathering, which took place earlier this month on November 2nd and 3rd. The event was held at the Vancouver Convention Centre, located on the territories of the Xʷməθkʷəýəm (Musqueam), Sḵwxwú7mesh (Squamish) and səlilwətaɬ (Tsleil-Waututh) First
- [CCEL Spotlight: Alzheimer’s Society of B.C.](https://www.bcli.org/ccel-spotlight-alzheimers-society-of-b-c/) - The Canadian Centre for Elder Law has had a longstanding partnership with the Alzheimer Society of B.C. The CCEL has collaborated on many projects over the years and have benefitted immensely from the practical and real perspective that the Alzheimer’s Society of B.C. brings – it has strengthened our research, our approaches, and our publications.
- [Thanks for Supporting the CCEL](https://www.bcli.org/thanks-for-supporting-the-ccel/) - November marks the 20th anniversary of the Canadian Centre for Elder Law. Formed in 2003 as a division of the BC Law Institute, CCEL’s objective was to use the law reform ideology behind BCLI and focus on matters involving our aging population. Since its inception, CCEL has produced substantive reports, study papers, and resources on
- [BCLI welcomes updates to money judgments enforcement legislation](https://www.bcli.org/bcli-welcomes-updates-to-money-judgments-enforcement-legislation/) - BCLI is pleased to mark two legislative developments that will update and modernize the civil enforcement of money judgments in BC. These legal changes will make it easier for parties to collect the money they are owed following a civil judgment. On October 26, 2023, the Money Judgment Enforcement Act (Bill 27) received royal assent.
- [October 2023 Newsletter: News from the BCLI!](https://www.bcli.org/october-2023-newsletter-news-from-the-bcli/) - 20 Years of CCEL The Canadian Center for Elder Law (CCEL) celebrates 20 years this year! We will be recognizing this milestone at the upcoming Canadian Elder Law Conference on November 9th. This bi-annual conference, hosted by CLEBC, is a great opportunity to learn about recent developments in law and practice around our aging population. You can learn more
- [September 2023 Newsletter: BCLI Releases Legal Pluralism Primers](https://www.bcli.org/august-2023-newsletter-news-from-the-bcli-2/) - A word from our Executive Director BCLI Releases Legal Pluralism Primers As we approach Orange Shirt Day and the National Day for Truth and Reconciliation, we at the BCLI are taking time to reflect upon the impacts of residential schools and other harms caused by colonization. The work of the BCLI supporting implementation of the
- [Preventing Financial Abuse: Role of the BC Securities Commission](https://www.bcli.org/preventing-financial-abuse-role-of-the-bc-securities-commission/) - Fraud and financial abuse seem to exist almost daily in our lives, from the unidentified caller to the phishing email. Yet financial abuse often occurs in situations with a trusted individual, making it difficult to spot, report, and remedy. This led me to a conversation with the BC Securities Commission’s Director of Communications & Education,
- [Latest Reconciliation Primers Explore Legal Pluralism](https://www.bcli.org/latest-reconciliation-primers-explore-legal-pluralism/) - This September marks the 16 year anniversary of the adoption of the UN Declaration on the Rights of Indigenous Peoples (UN Declaration) by the UN General Assembly. In 2019, the BC government committed in the Declaration on the Rights of Indigenous Peoples Act to “take all measures necessary to ensure the laws of British Columbia
- [BCLI Remembers Donovan Waters, KC FRSC 1928-2023](https://www.bcli.org/bcli-remembers-donovan-waters-kc-frsc-1928-2023/) - BCLI regrets the passing on 9 September 2023 of Donovan W.M. Waters, KC FRSC. Dr. Waters was an internationally renowned legal scholar, law professor, and practitioner. As Chair of BCLI’s Trustee Act Modernization Committee, Dr. Waters presided over one of the most influential law reform projects BCLI has conducted, and also the lengthiest. The report
- [Inspiring Conversations About Elder Law: The 2023 Canadian Elder Law Conference and CCEL](https://www.bcli.org/inspiring-conversations-about-elder-law-the-2023-canadian-elder-law-conference-and-ccel/) - It is with great excitement that the agenda for the 2023 Canadian Elder Law Conference was released. This marks the first return to in-person attendance since 2019 and I know I am ready to connect with the Elder Law community again. My first attendance was in 2015 and it inspired me to delve further into
- [BCLI Releases Reconciliation Primers](https://www.bcli.org/bcli-releases-rclf-primers/) - As part of the Reconciling Crown Legal Frameworks (RCLF) Program, we are happy to share that the BCLI has released two primers. These are the first in a series of primers aimed at providing information on law reform issues related to BC’s adoption of the Declaration on the Rights of Indigenous Peoples Act (“Declaration Act”).
- [August 2023 Newsletter: News from the BCLI!](https://www.bcli.org/august-2023-newsletter-news-from-the-bcli/) - A word from our Executive Director This month we say goodbye to our summer student, Meghan Little. Meghan worked on researching and drafting primers for our Reconciling Crown Legal Frameworks Program. We are grateful to the public interest fellowship program at U of T Law for supporting her work with us and we wish her the
- [March 2023 Newsletter](https://www.bcli.org/march-2023-newsletter/) - A word from Karen Campbell Big things have been happening at the British Columbia Law Institute in recent months. In late 2022, we hosted a reception to celebrate our 25th anniversary where we were delighted to welcome friends and supporters of the Institute. Former board member Geoff Plant, OBC, KC, and UBC Chancellor Steven Point, OBC, each
- [May 2023 Newsletter](https://www.bcli.org/may-2023-newsletter/) - A word from our Executive Director Welcoming the Money Judgments Enforcement Act BCLI work has been a regular feature of the BC legislature this spring! With the introduction of Bill 27 (the Money Judgments Enforcement Act) in the legislative assembly, the BC government has moved to implement recommendations from BCLI and the Uniform Law Conference of Canada,
- [July 2023 Newsletter: News from the BCLI!](https://www.bcli.org/july-2023-newsletter-news-from-the-bcli/) - A word from our Executive Director Consultations on our AI and civil liability project are underway We have now released our Consultation Paper on Artificial Intelligence and Civil Liability. This publication marks the start of the consultation phase of our Artificial Intelligence and Civil Liability Project. We are grateful for the work of our expert project committee on this
- [June 2023 Newsletter: News from the BCLI!](https://www.bcli.org/june-2023-newsletter-news-from-the-bcli/) - A word from our Executive Director We are happy to welcome Kelly Melnyk to our team as our Canadian Centre for Elder Law Director! Most recently, she was the supervising lawyer at the Thompson Rivers University Community Legal Clinic. Kelly is also a sessional instructor at TRU, where she teaches Elder Law and Wills and
- [Thank You for Celebrating 25 Years of BCLI](https://www.bcli.org/thank-you-for-celebrating-25-years-of-bcli/) - Late last year, the BCLI celebrated its 25th Anniversary. To mark the occasion, we hosted an appreciation event for the many people – our friends, supporters, volunteers, and collaborators – who are part of our community. We are grateful to all who were able to attend and are delighted to share with you a photo
- [Marking 20 Years and World Elder Abuse Awareness Day: Thoughts from our New CCEL Director](https://www.bcli.org/marking-20-years-and-world-elder-abuse-awareness-day-thoughts-from-our-new-ccel-director/) - I am excited to be writing my first blog as the new Director of CCEL. This year marks the 20th anniversary of the CCEL and I have long admired the work that CCEL has both created and contributed to. I’m grateful for the excellent accomplishments of my predecessors Krista James and Laura Tamblyn-Watts and for
- [Connecting on Law Reform Initiatives at the Federation of Law Reform Agencies of Canada (FOLRAC)](https://www.bcli.org/connecting-on-law-reform-initiatives/) - This month we welcomed the opportunity to connect with fellow provincial law reform agencies. The Federation of Law Reform Agencies of Canada (FOLRAC) held its first in-person conference since 2019 in Toronto in early June. The meeting was an opportunity to network with representatives from our counterparts working on law reform initiatives in Alberta, Manitoba,
- [BCLI Congratulates New Recipients of the King's Counsel Designation (KC)](https://www.bcli.org/bcli-congratulates-new-recipients-of-the-kings-counsel-designation-kc/) - The BCLI congratulates all of the lawyers who have been recognized with the Kings Counsel designation today. These lawyers have made exceptional contributions to the legal profession. We are particularly pleased to recognize Stacey Edzerza Fox, KC, who was appointed to the BCLI Board by the Law Society of British Columbia in 2021. Other designates
- [BCLI welcomes introduction of Money Judgment Enforcement Act](https://www.bcli.org/bcli-welcomes-introduction-of-money-judgment-enforcement-act/) - With the introduction of Bill 27 (the Money Judgment Enforcement Act) in the legislative assembly, the BC government has moved to implement recommendations from BCLI and the Uniform Law Conference of Canada, which will fundamentally reform an important area of civil law. A money judgment is an order of a court for a party to a
- [Changes to BC’s COVID-19 Long-Term Care Visitor Policy](https://www.bcli.org/changes-to-bcs-covid-19-long-term-care-visitor-policy/) - Introduction On June 30, 2020 the BC government announced that the visitor policy for long-term care and assisted living would be changing. In the new policy residents can have one designated visitor for social visits. Prior to this policy change, only essential visitors were allowed in long-term care and assisted living (discussed below). This new
- [International Call for Six-Month Pause in Giant AI Experiments Shows Importance and Timeliness of BCLI’s AI and Civil Liability Project](https://www.bcli.org/international-call-for-six-month-pause-in-giant-ai-experiments-shows-importance-and-timeliness-of-bclis-ai-and-civil-liability-project/) - BCLI has had an active project on artificial intelligence (“AI”) and civil liability underway since late 2021. Together with an interdisciplinary expert committee, we have been developing law reform recommendations on how the law of tort needs to be adapted to deal with cases where AI causes harm to persons and property. Two news items
- [BCLI welcomes pension division reforms](https://www.bcli.org/bcli-welcomes-pension-division-reforms/) - The BC Law Institute is pleased to note the introduction of Bill 17 in the legislative assembly. This bill amends part 6 of the Family Law Act, implementing BCLI’s recommendations to reform pension division for separating spouses. When it is enacted, the bill’s amendments will provide a host of improvements to BC’s comprehensive legislation on
- [Donor anonymity on the agenda for the January 2023 parentage committee meeting](https://www.bcli.org/donor-anonymity-on-the-agenda-for-the-january-2023-parentage-committee-meeting/) - BCLI’s Parentage Law Reform Project Committee recently considered donor anonymity. BC doesn’t have provisions on information about donors in its parentage legislation under part 3 of the Family Law Act. But access to information about donors is an issue that has risen in prominence as more and more children are born from assisted reproduction. The
- [BCLI Releases Updated Guide on Undue Influence](https://www.bcli.org/bcli-releases-updated-guide-on-undue-influence/) - The BC Law Institute (BCLI) has issued an updated and revised version of its widely used and frequently cited Guide on recommended practices for dealing with potential undue influence surrounding wills and other personal planning documents. The new version, entitled Undue Influence Recognition and Prevention: A Guide for Legal Practitioners, is intended for the era
- [Parentage committee discusses inheritance and parentage for posthumously conceived children](https://www.bcli.org/parentage-committee-discusses-inheritance-and-parentage-for-posthumously-conceived-children/) - In December, BCLI’s Parentage Law Reform Project Committee continued its discussion of posthumous conception. The committee focused on one issue relating to who can be named a parent for a posthumously conceived child under BC’s Family Law Act and two issues relating to inheritance for posthumously conceived children under BC’s Wills, Estates and Succession Act.
- [Parentage committee discusses parentage of posthumously conceived children](https://www.bcli.org/parentage-committee-discusses-parentage-of-posthumously-conceived-children/) - In November, BCLI’s Parentage Law Reform Project Committee started discussing the topic of posthumous conception. Posthumous conception occurs when a child is conceived using assisted reproduction after one of their parents has died. This can occur either through a person’s sperm or eggs being removed from their body after death, or using sperm, eggs, or
- [Consider Helping BCLI for #GivingTuesday ](https://www.bcli.org/consider-helping-bcli-for-givingtuesday/) - Help move the law forward this #GivingTuesday by supporting the BC Law Institute and the Canadian Centre for Elder Law. For over 25 years, the BCLI and CCEL have worked to ensure that laws in British Columbia reflect the needs of communities across the province. We engage in scholarly research and analysis of laws to
- [Parentage committee considers whether counselling should be required in connection with agreements under part 3 of the Family Law Act](https://www.bcli.org/parentage-committee-considers-whether-counselling-should-be-required-in-connection-with-agreements-under-part-3-of-the-family-law-act/) - At its second committee meeting in October 2022, BCLI’s Parentage Law Reform Project Committee considered whether parties to an agreement respecting parentage under part 3 of the Family Law Act should be required to obtain psychosocial counselling in connection with that agreement. Counselling differs from independent legal advice, which is sometimes required as a part
- [Supporting Vulnerable Victims and Witnesses: Project Update](https://www.bcli.org/supporting-vulnerable-victims-and-witnesses-project-update/) - Introduction: The Canadian Centre for Elder Law is conducting a one-year project with the goal of completing a model policy framework to support victims and witnesses of crime with capacity issues. To reach this goal, CCEL staff are interviewing victim service workers, police, Crown Counsel, designated agencies, defence counsel and other professionals working with this
- [Nova Scotia consulting on reforms to parentage laws](https://www.bcli.org/nova-scotia-consulting-on-reforms-to-parentage-laws/) - The Access to Justice and Law Reform Institute of Nova Scotia has just published a discussion paper seeking the public’s views on its proposals to reform the law of parentage in that province. In its Parentage Act Discussion Paper (PDF), the institute notes that “Nova Scotia is the only jurisdiction in Canada that lacks parentage
- [BCLI congratulates former Board Chair Hon. Ronald A. Skolrood on appointment to Court of Appeal](https://www.bcli.org/bcli-congratulates-former-board-chair-hon-ronald-a-skolrood-on-appointment-to-court-of-appeal/) - BCLI congratulates the Hon. Ronald A. Skolrood on his elevation to the British Columbia Court of Appeal, announced by the Minister of Justice last week, October 24, 2022. Prior to his appointment as a justice of the Supreme Court of British Columbia in 2013, Justice Skolrood was a member of BCLI’s Board of Directors from
- [Project Update: Summary of Themes from Consultations on Engaging People Living with Dementia in Decision-Making](https://www.bcli.org/project-update-summary-of-themes-from-consultations-on-engaging-people-living-with-dementia-in-decision-making/) - Introduction The Canadian Centre for Elder Law (CCEL) is collaborating on a three-year project. Our goal is to change how healthcare decision-making is approached so that the rights of people living with dementia are respected and they participate as much as possible in the decisions that matter to them. The need for the project was
- [Parentage Committee Completes Its Review Of Surrogacy Arrangements](https://www.bcli.org/parentage-committee-completes-its-review-of-surrogacy-arrangements/) - At its latest committee meeting—held earlier this month—BCLI’s Parentage Law Reform Project Committee tackled a pair of emerging issues concerning the law of parentage and surrogacy arrangements. These issues may point to some gaps in part 3 of the Family Law Act that may need to be filled with new legislation. First, the committee examined
- [BCLI attends the 2022 Uniform Law Conference of Canada](https://www.bcli.org/bcli-attends-the-2022-uniform-law-conference-of-canada/) - The BCLI was pleased to participate in the Uniform Law Conference of Canada’s (ULCC) 2022 annual meeting held in Edmonton, Alberta from August 15 to 19, 2022. Karen Campbell, Executive Director of the BCLI and Greg Blue, Q.C., Senior Staff Lawyer attended the meeting as members of the BC delegation to the Civil Section of
- [September 2022 Newsletter: Join our Team!](https://www.bcli.org/september-2022-newsletter-join-our-team/) - The BCLI is Hiring a Staff Lawyer Are you passionate about addressing fundamental legal and systemic issues? Would you like to promote the development of better laws for all peoples in BC and better futures for Canada's aging population? The BCLI is looking for a staff lawyer to join our team. This lawyer will also
- [Parentage committee finishes discussion of donors and parentage](https://www.bcli.org/parentage-committee-finishes-discussion-of-donors-and-parentage/) - This month, the Parentage Law Reform Project Committee focused on donors and parentage. The Committee started this topic in the June meeting. Section 24: Should there be more flexibility around donors and parentage? Section 24 of the Family Law Act states that a donor is not automatically a parent by reason only of donation. Should
- [In “a case about everything the parties did wrong to achieve a particular goal,” Ontario court illustrates the differences between guardianship and parentage](https://www.bcli.org/in-a-case-about-everything-the-parties-did-wrong-to-achieve-a-particular-goal-ontario-court-illustrates-the-differences-between-guardianship-and-parentage/) - Jacobs v Blair, 2022 ONSC 3159, was a case involving a dispute between two couples over the parentage and guardianship (which consists of, in the words of Ontario’s legislation, “decision-making responsibility, parenting time, contact and guardianship with respect to children”) of a young child. The case illustrates some fundamental differences between parentage and guardianship of
- [Parentage committee starts discussion on surrogacy and independent legal advice](https://www.bcli.org/parentage-committee-starts-discussion-on-surrogacy-and-independent-legal-advice/) - This month, the Parentage Law Reform Project Committee focused on two issues: surrogacy and independent legal advice. Should conception by sexual intercourse be permitted for traditional surrogacy? Section 29 of the Family Law Act governs surrogacy. Surrogacy is when a person carries a child for someone else. There are two kinds of surrogacy. The first
- [Abuse and Neglect in Institutional Settings: Strengthening Infrastructural Criminal Law Reform](https://www.bcli.org/abuse-and-neglect-in-institutional-settings-strengthening-infrastructural-criminal-law-reform/) - Proposed federal legislation is pursuing criminal law reform to address the abuse and neglect of older adults within long-term care.[1] A recently introduced private bill, Bill C-295, would amend section 215 of the Criminal Code to specifically criminalize owners and managers of long-term care homes who fail to provide the “necessaries of life” to people
- [BC Ministry of Attorney General seeking comments on reform of property division and spousal support under the Family Law Act](https://www.bcli.org/bc-ministry-of-attorney-general-seeking-comments-on-reform-of-property-division-and-spousal-support-under-the-family-law-act/) - As part of an ongoing project to review and update the Family Law Act, the Ministry of Attorney General for BC has published a discussion paper on property division (part 5 of the act) and spousal support (part 7, division 4). The Family Law Act Modernization project webpage contains links to a survey, backgrounder, and full technical discussion
- [Meet CCEL Research Assistant Ellen Spannagel](https://www.bcli.org/meet-ccel-research-assistant-ellen-spannagel/) - My name is Ellen Spannagel, and I’m currently in my final year as a Bachelor of Civil Law and Juris Doctor candidate at McGill University’s Faculty of Law. I am passionate about work that creatively addresses social inequities and am thrilled to be joining the Canadian Center for Elder Law (CCEL) team as a research
- [UK court allows posthumous use of embryo despite lack of written consent](https://www.bcli.org/uk-court-allows-posthumous-use-of-embryo-despite-lack-of-written-consent/) - In a recent decision, the family division of the High Court of England and Wales allowed a husband to use an embryo created by in vitro fertilization with his wife for birth by surrogacy, even though the wife (who died after creation of the embryo by IVF) didn’t provide written consent for this use. The
- [We’ve Published Our Gender Diverse Legal Writing Guide](https://www.bcli.org/weve-published-our-gender-diverse-legal-writing-guide/) - The British Columbia Law Institute (BCLI) is pleased to release its latest publication, Gender Diversity in Legal Writing: Pronouns, Honorifics, and Gender-Inclusive Techniques. The Guide was developed in response to changes in legal practice and to reflect society's adoption of a more inclusive view of gender, gender identity, gender expression, and sexual orientation. Although this
- [Parentage committee finishes discussion of multiparent provisions for children conceived by sexual intercourse and starts discussion of donors](https://www.bcli.org/parentage-committee-finishes-discussion-of-multiparent-provisions-for-children-conceived-by-sexual-intercourse-and-starts-discussion-of-donors/) - In June, BCLI’s Parentage Law Reform Project Committee finalized its discussion of whether multiparent configurations should be extended to conception by sexual intercourse. This topic has been the subject of discussion for several consecutive meetings starting in March 2022, and continuing at the April 2022 and May 2022 meetings. Who should be made a parent
- [June 2022 Newsletter: Our team continues to grow. Plus, our annual reports are now available!](https://www.bcli.org/june-2022-newsletter-our-team-continues-to-grow-plus-our-annual-reports-are-now-available/) - Our 2020 & 2021 Annual Reports are Now Available! We're excited to announce that our joint 2020 & 2021 annual report is now available! As a result of the COVID-19 pandemic and internal changes at the BCLI, we have combined the past two years into one report. These past two years have been productive for the
- [May 2022 Newsletter: Victims and Survivors of Crime Week](https://www.bcli.org/may-2022-newsletter-victims-and-survivors-of-crime-week/) - May 15th to 21st is Victims and Survivors of Crime Week in Canada. This is a time to support, acknowledge, and honor those who have had crimes committed against them.
- [Gregory K Steele QC Prize Winning Paper in Elder Law for 2021-22: Canada and the UN Principles for the Older Person](https://www.bcli.org/gregory-k-steele-qc-prize-winning-paper-in-elder-law-for-2021-22-canada-and-the-un-principles-for-the-older-person/) - In December of 1991, the United Nations (UN) established a list of principles for the rights of older persons that they encourage members to incorporate into their national programmes: independence, participation, care, self-fulfilment, and dignity. The original purpose of this paper was to draft a Canadian Charter for the Rights of Elderly Persons. This Charter
- [CCEL Summer Bulletin: June 2022](https://www.bcli.org/ccel-summer-bulletin-july-2022/) - 2021 had many challenges. We are all happy that it has now come to an end, and we look to 2022 as offering new hope and new opportunity. 2022 marks 25 years since the BCLI first opened its doors in 1997. While so much has changed in the past 25 years, our steady commitment to excellence in law reform continues.
- [BCLI's 2020 & 2021 Annual Reports Are Now Available Online!](https://www.bcli.org/bclis-2020-2021-annual-reports-are-now-available-online/) - The BCLI has just released its annual reports for the past 2 years (2020 & 2021). Read more about what the Institute has been up to and get to know the latest developments in law reform in BC by downloading the report below. Download
- [BCLI Annual Reports 2020 & 2021](https://www.bcli.org/bcli-annual-reports-2020-2021/) - Download
- [Remembering Dr. Karen Kobayashi](https://www.bcli.org/remembering-dr-karen-kobayashi/) - We are very sad to announce the loss of a dear CCEL friend, one of our founding Distinguished Fellows, Dr. Karen Kobayashi. Karen was a professor in the University of Victoria Department of Sociology and Associate Dean (Research and Graduate Studies) of the Faculty of Social Sciences. She was also a research fellow with the
- [Supreme Court of Canada considers the significance of biological ties of parenthood in assessing the best interests of the child](https://www.bcli.org/supreme-court-of-canada-considers-the-significance-of-biological-ties-of-parenthood-in-assessing-the-best-interests-of-the-child/) - In a decision released late last week, the Supreme Court of Canada commented on the diminishing significance of biological ties of parenthood in determining who a child’s guardian should be. B.J.T. v J.D., 2022 SCC 24, was a case with “a long, complicated history,” which the court summed up in its overview of the proceedings:
- [Parentage committee continues discussion of multiparent provisions for children conceived by sexual intercourse](https://www.bcli.org/parentage-committee-continues-discussion-of-multiparent-provisions-for-children-conceived-by-sexual-intercourse/) - BCLI’s Parentage Law Reform Project Committee held two meetings in May, focusing on continued discussion of whether multiparent configurations should be extended to conception by sexual intercourse. Discussion of this broad issue began in March 2022, and continued at the April 2022 meeting. Setting a number of permissible parents The focus of discussion at the
- [New Project: Supporting Vulnerable Victims & Witnesses](https://www.bcli.org/new-project-supporting-vulnerable-victims-witnesses/) - May 15th to 21st is Victims and Survivors of Crime Week in Canada. This is a time to support, acknowledge, and honor those who have had crimes committed against them. The Canadian Centre for Elder Law (CCEL) is excited to announce a new project to support this population, which has been generously funded by the
- [Parentage agreements the focus of April 2022 parentage committee meeting](https://www.bcli.org/parentage-agreements-the-focus-of-april-2022-parentage-committee-meeting/) - At its March 2022 meeting, BCLI’s Parentage Law Reform Project Committee continued its review of the rules in part 3 of the Family Law Act that apply to parentage of children conceived by sexual intercourse, focusing in particular on whether legislation allowing multiple parents should be extended to cover children conceived by sexual intercourse. At
- [An Update on the Adult Protection Act of Newfoundland and Labrador](https://www.bcli.org/an-update-on-the-adult-protection-act-of-newfoundland-and-labrador/) - Elder abuse and neglect response is complex because the appropriate action depends on the older person’s unique circumstances, who is hurting them, and their unique needs and desires. The law provides some options and obligations for response. We explain all the legislation relevant to elder abuse response in colonial Canada on our Practical Guide to
- [A Closer Look at the Study Paper on Public Hearings Series](https://www.bcli.org/a-closer-look-at-the-study-paper-on-public-hearings-series/) - To coincide with the release of our Study Paper on Public Hearings, the BC Law Institute has prepared a series of blog posts that highlight different aspects of the study paper. A Closer Look at the Study Paper on Public Hearings: Historical Legislation [April 26, 2022] A Closer Look at the Study Paper on Public Hearings:
- [A Closer Look at the Study Paper on Public Hearings: Cons of Public Hearings ](https://www.bcli.org/a-closer-look-at-the-study-paper-on-public-hearings-cons-of-public-hearings/) - This post is part of a series highlighting BCLI’s Study Paper on Public Hearings: An Examination of Public Participation in the Adoption of Local Bylaws on Land Use and Planning. For other posts in the series click here. Arguments against public hearings: The current law fails to enhance democratic decision-making Critics of the current law
- [A Closer Look at the Study Paper on Public Hearings: Purposes of Public Hearings ](https://www.bcli.org/a-closer-look-at-the-study-paper-on-public-hearings-purposes-of-public-hearings/) - This post is part of a series highlighting BCLI’s Study Paper on Public Hearings: An Examination of Public Participation in the Adoption of Local Bylaws on Land Use and Planning. For other posts in the series click here. Purposes: To provide a forum at which all aspects of the bylaw might be reviewed An early
- [A Closer Look at the Study Paper on Public Hearings: Historical Legislation ](https://www.bcli.org/a-closer-look-at-the-study-paper-on-public-hearings-historical-legislation/) - This post is part of a series highlighting BCLI’s Study Paper on Public Hearings: An Examination of Public Participation in the Adoption of Local Bylaws on Land Use and Planning. For other posts in the series click here. Town Planning Act (1925) In the early 20th century British Columbia’s local governments had rudimentary land use-planning
- [Age Discrimination in the Employment Context in British Columbia](https://www.bcli.org/age-discrimination-in-the-employment-context-in-british-columbia/) - Introduction This is the second of a three-part series discussing age discrimination and older people. The first post focused on the human rights process and age discrimination generally. This post looks at age-discrimination in employment settings. The final post reviews other settings where age related discrimination occurs. This blog post: Explores age discrimination in hiring,
- [April 2022 Newsletter: Check out our latest study paper + our new practical guide website!](https://www.bcli.org/april-2022-newsletter-check-out-our-latest-study-paper-our-new-practical-guide-website/) - Sometimes, it may take a while for our recommendations to be implemented. But when it does, it's a powerful reminder that our good work helps make good laws. A bill introduced in the legislative assembly earlier this month will implement BCLI's 2003 Report on the Uniform Liens Act and modernize the law on commercial liens
- [Parentage committee considers legislation allowing multiple parents for children conceived by sexual intercourse](https://www.bcli.org/parentage-committee-considers-legislation-allowing-multiple-parents-for-children-conceived-by-sexual-intercourse/) - BCLI’s Parentage Law Reform Project Committee continued its review of the rules in part 3 of the Family Law Act that apply to parentage of children conceived by sexual intercourse. The committee completed its examination of a provision in the American Uniform Parentage Act 2017 (PDF) that sets out a court-based process to deny parentage
- [CCEL Brief to the House of Commons Standing Committee on the Status of Women](https://www.bcli.org/ccel-brief-to-the-house-of-commons-standing-committee-on-the-status-of-women/) - The House of Commons Standing Committee on the Status of Women is currently conducting a study on intimate and domestic violence in Canada. The CCEL submitted a brief to the committee discussing the unique barriers older women face and outlining the complex support needs of older women. The brief is based on the CCEL project
- [March 2022 Newsletter: the Commercial Liens Act & new members to our board](https://www.bcli.org/march-2022-newsletter-the-commercial-liens-act-new-members-to-our-board/) - Sometimes, it may take a while for our recommendations to be implemented. But when it does, it's a powerful reminder that our good work helps make good laws. A bill introduced in the legislative assembly earlier this month will implement BCLI's 2003 Report on the Uniform Liens Act and modernize the law on commercial liens
- [Age Discrimination and the Human Rights Process in British Columbia](https://www.bcli.org/age-discrimination-and-the-human-rights-process-in-british-columbia/) - Introduction This is the first of a three-part series discussing age discrimination and older people. This first post will focus on the human rights process and age discrimination generally. The second post looks at age discrimination in employment settings. The final post reviews other settings where age related discrimination occurs. This blog post: Defines age
- [Age Discrimination in Other Contexts in British Columbia](https://www.bcli.org/age-discrimination-in-other-contexts-in-british-columbia/) - Introduction This is the third of a three-part series discussing age discrimination and older people. The first post focused on the human rights process and age discrimination generally. The second post looked at age discrimination in employment settings. This final post reviews other settings where age related discrimination occurs. If you have not reviewed the
- [Parentage committee continues examination of rules for parentage of children conceived by sexual intercourse](https://www.bcli.org/parentage-committee-continues-examination-of-rules-for-parentage-of-children-conceived-by-sexual-intercourse/) - The Parentage Law Reform Project Committee continued its review of part 3 of the Family Law Act at its February 2022 meeting. The committee’s focus continues to be on rules governing parentage of children conceived by sexual intercourse. After discussing big-picture issues at its January 2022 meeting, the committee shifted its attention to the details
- [CCEL’s Dementia Advisory Council’s Recommended Reading List](https://www.bcli.org/ccels-dementia-advisory-councils-recommended-reading-list/) - The following books and articles are recommended by the Canadian Centre for Elder Law’s (CCEL) Dementia Advisory Council (DAC). The DAC helps to guide CCEL’s Engaging People Living with Dementia in Decision-Making Project. The resources address different aspects of journeying with dementia as a person living with dementia and as a family care partner. Books
- [BC Law Institute Remembers Greg Steele Q.C.](https://www.bcli.org/bc-law-institute-remembers-greg-steele-q-c/) - This week the British Columbia Law Institute family mourns the passing of one of its founding members, Greg Steele Q.C. The legal profession has lost a great champion for law reform. His kindness, generosity and humour will be missed. As one of the founding members, Greg’s contribution to the formation and sustainment of BCLI was
- [BCLI welcomes new Commercial Liens Act](https://www.bcli.org/bcli-welcomes-new-commercial-liens-act/) - BCLI is pleased that a bill introduced yesterday in the legislative assembly will implement its Report on the Uniform Liens Act and modernize the law of commercial liens. The new Commercial Liens Act is intended to update “B.C. law for liens so that service providers can more easily understand and use liens and their customers
- [February 2022 Newsletter: Check out these engaging new projects from the BCLI!](https://www.bcli.org/february-2022-newsletter-check-out-these-engaging-new-projects-from-the-bcli/) - The BC Law Institute is happy to announce the kickoff of two important projects this month: the Gender Diversity in Legal Writing Guide and the Public Hearings Project. Both are major undertakings that aim to enhance social justice, inclusivity, and public participation. Read more about both of these projects by scrolling through this newsletter. Congratulations to University of
- [January 2022 Newsletter: New Year, New Us!](https://www.bcli.org/january-newsletter-2022/) - 2021 had many challenges. We are all happy that it has now come to an end, and we look to 2022 as offering new hope and new opportunity. 2022 marks 25 years since the BCLI first opened its doors in 1997. While so much has changed in the past 25 years, our steady commitment to excellence in law reform continues.
- [Why Independent Legal Advice Services Matter for People Detained under the Mental Health Act](https://www.bcli.org/why-independent-legal-advice-services-matter-for-people-detained-under-the-mental-health-act/) - Imagine you were detained in a hospital against your will or a loved one you support is taken to a care facility without your consent. The facility staff say the Mental Health Act allows this detention as well as providing psychiatric treatment without consent. The immediate questions that come to your mind might be anything
- [Alzheimer Society of B.C Webinar - Dementia and Decision-making](https://www.bcli.org/engaging-people-living-with-dementia-in-decision-making-webinar-presented-by-the-alzheimer-society-of-b-c/) - On January 26, CCEL's Krista James and Jess Fehrenbacher presented on the Engaging People Living with Dementia in Decision-making project alongside the Alzheimer Society of B.C. This webinar discusses legal rights relating to decision-making for people living with dementia, compare supported and substitute decision-making, and provide insights gathered from the Health care decision-making: Legal rights
- [Annual Report 2019](https://www.bcli.org/annual-report-2019/)
- [Annual Report 2018](https://www.bcli.org/annual-report-2018/)
- [Annual Report 2017](https://www.bcli.org/annual-report-2017/)
- [Annual Report 2016](https://www.bcli.org/annual-report-2016/)
- [Annual Report 2015](https://www.bcli.org/annual-report-2015/)
- [Annual Report 2014](https://www.bcli.org/annual-report-2014/)
- [Annual Report 2013](https://www.bcli.org/annual-report-2013/)
- [Annual Report 2012](https://www.bcli.org/annual-report-2012/)
- [Annual Report 2011](https://www.bcli.org/annual-report-2011/)
- [2009-2010 Annual Report](https://www.bcli.org/2009-2010-annual-report/)
- [2008-2009 Annual Report](https://www.bcli.org/2008-2009-annual-report/)
- [2007-2008 Annual Report](https://www.bcli.org/2007-2008-annual-report/)
- [2006-2007 Annual Report](https://www.bcli.org/2006-2007-annual-report/)
- [A Report on Year Eight: 2004-2005 Annual Report](https://www.bcli.org/a-report-on-year-eight-2004-2005-annual-report-2/)
- [A Report on Year Nine: 2005-2006 Annual Report](https://www.bcli.org/a-report-on-year-nine-2005-2006-annual-report/)
- [A Report on Year Five (2001-02 Annual Report)](https://www.bcli.org/a-report-on-year-five-2001-02-annual-report/)
- [A Report on Year Six (2002-03 Annual Report)](https://www.bcli.org/a-report-on-year-six-2002-03-annual-report/)
- [A Report on Year Eight: 2004-2005 Annual Report](https://www.bcli.org/a-report-on-year-eight-2004-2005-annual-report/)
- [A Report on Year Four (2000-01 Annual Report)](https://www.bcli.org/a-report-on-year-four-2000-01-annual-report/)
- [A Report on Year Two (1998-99 Annual Report)](https://www.bcli.org/a-report-on-year-two-1998-99-annual-report/)
- [A Report on Year One (1997-98 Annual Report)](https://www.bcli.org/a-report-on-year-one-1997-98-annual-report/)
- [A Report on Year Three (1999-00 Annual Report)](https://www.bcli.org/a-report-on-year-three-1999-00-annual-report/)
- [BC Updates Visitation Guidance for Long-Term Care and Assisted Living](https://www.bcli.org/bc-updates-visitation-guidance-for-long-term-care-and-assisted-living/) - Introduction The BC government has released an updated guidance for visitors in long-term care and assisted living. This blog is an update to the January 25th CCEL blog post BC Creates Temporary Changes to Visitation Rules for Long-Term Care.This blog will not discuss the entire guidance for visitor rules. This blog will discuss new information
- [BC Creates Temporary Changes to Visitation Rules for Long-Term Care](https://www.bcli.org/bc-creates-temporary-changes-to-visitation-rules-for-long-term-care/) - Introduction On December 31st, 2021, the Provincial Health Officer made a temporary verbal order changing the visitor restrictions for long-term care. The temporary verbal order does not apply to assisted living. The pre-existing Visitor Guidance, effective October 12, 2021, sets out the visitor restrictions in Assisted Living, and these rules will apply to long-term care
- [Freedom to Make Decisions](https://www.bcli.org/freedom-to-make-decisions/) - On December 1, 2021, the Canadian Centre for Elder Law (CCEL) held a Disability Rights Gathering in Vancouver, BC. The gathering was a part of our Engaging People Living with Dementia Project. The goal of the project is to change how healthcare decision-making is approached so that people living with dementia have a voice and
- [Project Update: Engaging People Living with Dementia in Decision-Making](https://www.bcli.org/project-update-engaging-people-living-with-dementia-in-decision-making-3/) - Introduction The Canadian Centre for Elder Law (CCEL) is collaborating on a three-year project. The goal of this project is to support people living with dementia to be meaningfully involved in everyday decision-making that matters to them. To reach this goal, we are consulting with people living with dementia, people living with disabilities, and care
- [Parentage Law Reform Project Committee begins its review parentage rules applying when assisted reproduction isn’t used](https://www.bcli.org/parentage-law-reform-project-committee-begins-its-review-parentage-rules-applying-when-assisted-reproduction-isnt-used/) - At the January 2022 meeting of BCLI’s parentage committee, the committee began its review of how part 3 of the Family Law Act deals with parentage when assisted reproduction hasn’t been used. As a judge recently observed, “[p]art 3 of the FLA contains two different regimes for parentage: one regime that applies to children conceived
- [Spotlight on pension division: LIRAs and LIFs](https://www.bcli.org/spotlight-on-pension-division-liras-and-lifs/) - This post is part of a series that spotlights issues discussed in the Consultation Paper on Pension Division: A Review of Part 6 of the Family Law Act. To read other posts in the series please click here. Brief description of the issue Since the advent of the Family Law Act, case law has consistently
- [Spotlight on pension division: commuted value transfer](https://www.bcli.org/spotlight-on-pension-division-commuted-value/) - This post is part of a series that spotlights issues discussed in the Consultation Paper on Pension Division: A Review of Part 6 of the Family Law Act. To read other posts in the series please click here. Brief description of the issue If the pension benefits to be divided are under a local plan,
- [Spotlight on child protection: Definitions and terms—“family violence”](https://www.bcli.org/spotlight-on-child-protection-definitions-and-terms-family-violence/) - This post is the first in a series that spotlights issues discussed in the Consultation Paper on Modernizing the Child, Family and Community Service Act. To read other posts in the series please click here. Brief description of the issue The Child, Family and Community Service Act employs the expression domestic violence, most notably in
- [Spotlight on child protection: Disclosure](https://www.bcli.org/spotlight-on-child-protection-disclosure/) - This post is part of a series that spotlights issues discussed in the Consultation Paper on Modernizing the Child, Family and Community Service Act. To read other posts in the series please click here. Brief description of the issue Section 64 of the Child, Family and Community Service Act sets out the general disclosure obligations
- [Spotlight on child protection: Party status for children](https://www.bcli.org/spotlight-on-child-protection-party-status-for-children/) - This post is part of a series that spotlights issues discussed in the Consultation Paper on Modernizing the Child, Family and Community Service Act . To read other posts in the series please click here. Brief description of the issue The Child, Family and Community Service Act contains a large number of provisions that declare
- [Spotlight on child protection: Incorporating children’s views in proceedings](https://www.bcli.org/spotlight-on-child-protection-incorporating-childrens-views-in-proceedings/) - This post is part of a series that spotlights issues discussed in the Consultation Paper on Modernizing the Child, Family and Community Service Act . To read other posts in the series please click here. Brief description of the issue The Child, Family and Community Service Act relies on broad statements of principle, a court’s
- [BCLI issues report on the Builders Lien Act](https://www.bcli.org/bcli-issues-report-on-the-builders-lien-act/) - BCLI has issued a new report containing 86 recommendations for reform of the Builders Lien Act. The Builders Lien Act is a major cornerstone of construction law. It gives contractors, material suppliers, and workers several forms of security for payment for work done or materials supplied to a building site, most notably a lien on
- [Spotlight on pension division: administrative fees](https://www.bcli.org/spotlight-on-pension-division-administrative-fees/) - This post is part of a series that spotlights issues discussed in the Consultation Paper on Pension Division: A Review of Part 6 of the Family Law Act. To read other posts in the series please click here. Brief description of the issue The existence of administrative fees raises the possibility that those fees could
- [BCLI Announces New Executive Director](https://www.bcli.org/bcli-announces-new-executive-director/) - The British Columbia Law Institute (BCLI) is pleased to announce the appointment of its new Executive Director, Karen Campbell, effective September 8, 2020. Karen Campbell brings over 20 years of experience practicing public interest law in British Columbia – most of which has involved law reform and advocacy for strengthened legal tools. Her work has consistently
- [Strata corporations required to report material changes in insurance coverage to strata-lot owners](https://www.bcli.org/strata-corporations-required-to-report-material-changes-in-insurance-coverage-to-strata-lot-owners/) - Earlier this month, an amendment to the Strata Property Act came into force, requiring strata corporations to “inform owners and tenants as soon as feasible of any material change in the strata corporation’s insurance coverage, including any increase in an insurance deductible.” This amendment implements one of the 11 recommendations found in BCLI’s Report on Insurance
- [BCLI Remembers Former Chief Justice Lance Finch](https://www.bcli.org/bcli-remembers-former-chief-justice-lance-finch/) - BCLI joins the rest of the legal community in mourning the death on 30 August 2020 of the Hon. Lance S.G. Finch, Q.C., former Chief Justice of British Columbia. First as a leading insurance law practitioner, then as a trial and appellate judge, and finally as Chief Justice of the province, former Chief Justice Finch
- [BCLI launches project to review the law of parentage under part 3 of the Family Law Act](https://www.bcli.org/bcli-launches-project-to-review-the-law-of-parentage-under-part-3-of-the-family-law-act/) - BCLI is beginning a new project, to review the law of parentage as set out in part 3 of the Family Law Act. The project is slated to run until December 2022. Its goal is to produce a final report, with recommendations for legislative reform. BCLI is carrying out the project with the support of
- [BC Issues Recommendations on Updating Health Profession Regulation](https://www.bcli.org/bc-issues-recommendations-on-updating-health-profession-regulation/) - Introduction The BC provincial government is considering changes to health professional regulation. On August 27, 2020 the Steering Committee on Modernization of Health Professional Regulation [Steering Committee] released their Recommendations to modernize the provincial health regulatory framework [Recommendations]. This blog will list the range of recommended changes and discuss parts of the recommendations aimed at
- [Overview of the 2020 ULCC Annual Meeting](https://www.bcli.org/overview-of-the-2020-ulcc-annual-meeting/) - BCLI was well-represented at the 2020 Annual Meeting of the Uniform Law Conference of Canada (ULCC), held on August 10-13. Kathleen Cunningham served as the Chair of the Civil Section this year and was also a member of the BC delegation. Greg Blue, Q.C. attended as a member of the BC delegation and a ULCC
- [Discovering the Travelling Wills Clinic](https://www.bcli.org/discovering-the-travelling-wills-clinic/) - As this is Make a Will Week, I was asked to let you know about an exciting possible initiative for delivering personal planning documents such as wills to low income adults living outside the lower mainland, the “Travelling Wills Clinic.” The Travelling Wills Clinic would serve those in remote, isolated, and underserved areas of BC
- [Undue Influence and Financial Abuse](https://www.bcli.org/undue-influence-and-financial-abuse/) - Introduction October 4-10, 2020 is Make-a-Will Week to encourage people to make or update their will. When people are making or changing a will there is the possibility for abuse or undue influence. Professionals drafting wills must be aware of the signs of undue influence and what steps can be taken if a wills practitioner
- [Have your say on proposals to reform the Child, Family and Community Service Act](https://www.bcli.org/have-your-say-on-proposals-to-reform-the-child-family-and-community-service-act/) - Today the British Columbia Law Institute published its Child Protection Project Committee’s Consultation Paper on Modernizing the Child, Family and Community Service Act. In this consultation paper the committee is asking for public comment on its proposals to government to reform British Columbia’s main child protection law. The consultation paper contains 38 tentative recommendations for
- [Pension division committee considers responses to public consultation at October 2020 meeting](https://www.bcli.org/pension-division-committee-considers-responses-to-public-consultation-at-october-2020-meeting/) - Last month, the Pension Division Review Project Committee met after a hiatus in which it held a public consultation on tentative recommendations for reform of part 6 of the Family Law Act. The focus of this meeting was a consideration of the responses that the committee received in that public consultation. The committee received 12
- [Visitor Restrictions and Health Care Decision-Making Rights in BC:  Comments on the Seniors Advocate Report, Staying Apart to Stay Safe](https://www.bcli.org/visitor-restrictions-and-health-care-decision-making-rights-in-bc-comments-on-the-seniors-advocate-report-staying-apart-to-stay-safe/) - Introduction The Seniors Advocate conducted a survey about the COVID-19 visitor restrictions in long-term care and assisted living. The results of this survey were released on November 3, 2020. The survey was open to the public, and respondents were largely family visitors of residents in long-term care (49%). Other respondents included family visitors of assisted
- [Youth aging into the community the focus of the latest child protection committee meeting](https://www.bcli.org/youth-aging-into-the-community-the-focus-of-the-latest-child-protection-committee-meeting/) - At the October 2020 meeting of BCLI’s Child Protection Project Committee the committee tackled a new component of the Modernizing the Child, Family and Community Service Act Project. Up to this fall, the committee’s attention had been on its focused review of the act. Now that its 38 tentative recommendations for reform are out for
- [Dementia and Representation Agreements: Understanding the Lived Experience of Representatives During Health Care and Personal Care Decision-Making](https://www.bcli.org/dementia-and-representation-agreements-understanding-the-lived-experience-of-representatives-during-health-care-and-personal-care-decision-making/) - Alexis Haig is a Master in Gerontology Candidate at Simon Fraser University. Her thesis is entitled “Exploring Health Care and Personal Care Decision-Making under Representation Agreements: The Lived Experiences of ‘Representatives’ of Older Adults with Dementia.” Alexis holds a B.A. and B.S.W. from the University of British Columbia. Introduction Covid-19 has changed the way
- [BCLI Comment on Fraser Decision: Pleased to see our Work Referenced by Canada’s Highest Court](https://www.bcli.org/bcli-comment-on-fraser-decision-pleased-to-see-our-work-referenced-by-canadas-highest-court/) - In 2012 the BCLI published the study paper Human Rights and Family Responsibilities: Family Status Discrimination under Human Rights Law in British Columbia and Canada (BCLI study paper). The paper reviews research and jurisprudence on the family status ground, discusses concerns with the BC Court of Appeal’s approach to family status discrimination in an employment
- [An Overview of the COVID-19 Long-Term Care Visitor Policies Across Canada](https://www.bcli.org/an-overview-of-the-covid-19-long-term-care-visitor-policies-across-canada/) - Nicole is currently a third-year law student at University of Victoria. She completed her undergraduate degree at University of Alberta where she obtained a BSc with a Specialization in Mathematics. Nicole is particularly interested in law and policy, as well as improving access to justice in Canada. In her spare time Nicole enjoys cross-stitching, boxing,
- [CBABC endorses BCLI, CCEL reports in Agenda for Justice 2021](https://www.bcli.org/cbabc-endorses-bcli-ccel-reports-in-agenda-for-justice-2021/) - In its just-published Agenda for Justice 2021, the Canadian Bar Association (British Columbia Branch) has endorsed four reports of the BC Law Institute and its division, the Canadian Centre for Elder Law, for priority legislative action. The reports are: Report on Proposals for Unfair Contracts Relief (BCLI rep. no. 60, 2011); Report on Proposals for a New
- [BCLI recommends pension division reforms](https://www.bcli.org/bcli-recommends-pension-division-reforms/) - BCLI has just published the Report on Pension Division: A Review of Part 6 of the Family Law Act, which calls for reforms to how pensions are divided between separating spouses. The report is the culmination of more than two years’ work by BCLI’s Pension Division Review Project Committee, which since 2019 has been examining
- [Quick facts about the Pension Division Review Project](https://www.bcli.org/quick-facts-about-the-pension-division-review-project/) - Project overview term: 1 January 2019 to 31 March 2021 12 project committee members 14 project committee meetings (2 hours per meeting) 25 recommendations for reform Publications one final report one consultation paper 6 backgrounders 3 media releases 28 blog posts (23 during project term) Public engagement 12 written consultation responses one special consultation meeting
- [A closer look at the Report on Pension Division: Death of a spouse](https://www.bcli.org/a-closer-look-at-the-report-on-pension-division-death-of-a-spouse/) - This post is part of a series highlighting key recommendations in the Report on Pension Division: A Review of Part 6 of the Family Law Act. For other posts in the series click here. Brief description of the issue Even though general provisions of family law and wills-and-estates law address the powers of a personal
- [BC Creates Guidance on Visitation in Long-Term Care and Assisted Living](https://www.bcli.org/bc-creates-guidance-on-visitation-in-long-term-care-and-assisted-living/) - Introduction In 2021, the BC government made several changes and clarifications on the long-term care (LTC) and assisted living (AL) visitor rules. This blog outlines some of the new rules, new orders, and points of interpretation listed in the guidance. On January 7, 2021 the BC government released guidance on visits in LTC and AL.
- [Justice Canada to bring back the Law Commission of Canada](https://www.bcli.org/folrac_law-commission-of-canada-announced/) - The BCLI is delighted with the announcement in yesterday’s budget that the federal government will be reviving the Law Commission of Canada. We have been pleased to work with our colleagues in other provincial jurisdictions as part of the Federation of Law Reform Agencies of Canada (FOLRAC), and it will be a real boost to
- [Family Caregiver Month: Are you #Caregiver Aware?](https://www.bcli.org/family-caregiver-month-are-you-caregiver-aware/) - Guest blog post by Family Caregivers of British Columbia May is Family Caregiver Month, an opportunity to join millions across the country to recognize and celebrate the vital role of family and friend caregivers. Their role is significant, giving over 80% of the care when we need it, yet they are often unrecognized, unsupported and underappreciated.
- [Isabelle’s New Year beginnings at the Canadian Centre for Elder Law](https://www.bcli.org/isabelles-new-year-beginnings-at-the-canadian-centre-for-elder-law/) - With a New Year often come new beginnings. My exciting new beginning for 2017 is that I am now part of a vibrant team of passionate people working hard to reform the law to improve the lives of older Canadians. When the opportunity to join the CCEL as a community engagement coordinator came up, I
- [Informed health care consent, aging and dementia: making it happen](https://www.bcli.org/informed-health-care-consent-aging-and-dementia-making-it-happen/) - January was Alzheimer Awareness Month, making it a great time for the Canadian Centre for Elder Law (CCEL) to launch a new project that seeks to help people living with dementia better understand their right to consent to health care treatment and medication. In collaboration with the Alzheimer Society of B.C., the CCEL is reviewing the
- [In February: be connected, stay savvy](https://www.bcli.org/in-february-be-connected-stay-savvy/) - 21 February 2017 - February, as the month of Family Day and Valentine’s Day, is a time of celebrating family, love and companionship. 14-year old Vancouver resident Elodie Doumenc felt sad that she could not spend time on Family Day with her grandmother, Alexandra, who lives in France, and is unable to communicate with her
- [New reports shed light on seniors and antipsychotic medications](https://www.bcli.org/new-reports-shed-light-on-seniors-and-antipsychotic-medications/) - In the last few months, a number of reports and news stories have highlighted older people’s use of medications, and more specifically antipsychotics. We share what we have learned and how this is relevant for the project we recently launched on health care consent and aging. In February, the Canadian Psychological Association celebrated Psychology Month
- [Finding similarities and differences in Finnish and British Columbian legal systems](https://www.bcli.org/finding-similarities-and-differences-in-finnish-and-british-columbian-legal-systems/) - From May 28 to June 12, 2019, the Canadian Centre for Elder Law was pleased to host visiting scholar Katja Karjalainen, LL.D. from the University of Eastern Finland. In the blog post that follows she discusses her experiences as she begins the comparison of our two jurisdictions' approach to what we know in BC as
- [A look at the 2021 Federal and British Columbia Budgets](https://www.bcli.org/a-look-at-the-2021-federal-and-british-columbia-budgets/) - CanAge Policy Advisor Introduction Amidst the third, and arguably most devastating wave of the pandemic, and having waited two years since the previous budget, the announcement of the 2021 federal budget was highly anticipated. On April 21, 2021, the Honourable Chrystia Freeland, Deputy Prime Minister and Minister of Finance, delivered Budget
- [A closer look at the Report on Pension Division: Disability benefits](https://www.bcli.org/a-closer-look-at-the-report-on-pension-division-disability-benefits/) - This post is part of a series highlighting key recommendations in the Report on Pension Division: A Review of Part 6 of the Family Law Act. For other posts in the series click here. Brief description of the issue This issue is concerned with the application of section 122 to a specific fact pattern, which is
- [“The Family Law Act does not adequately provide for polyamorous families in the context of parentage”: BC Supreme Court](https://www.bcli.org/the-family-law-act-does-not-adequately-provide-for-polyamorous-families-in-the-context-of-parentage-bc-supreme-court/) - In British Columbia Birth Registration No. 2018-XX-XX5815, 2021 BCSC 767, the BC Supreme Court considered the following situation: [8] The petitioners have lived together in a committed polyamorous relationship since 2017. The petitioners are in a relationship known in the polyamory community as a “triad”. As the petitioners explain, to them this means that they each
- [A closer look at the Report on Pension Division: Private annuities](https://www.bcli.org/a-closer-look-at-the-report-on-pension-division-private-annuities/) - This post is part of a series highlighting key recommendations in the Report on Pension Division: A Review of Part 6 of the Family Law Act. For other posts in the series click here. Brief description of the issue When the Family Law Act was enacted, a new provision was added to deal expressly, for the
- [New BCLI publications call for reforms to the child protection framework and review of legislation on youth aging into the community](https://www.bcli.org/new-bcli-publications-call-for-reforms-to-the-child-protection-framework-and-review-of-legislation-on-youth-aging-into-the-community/) - The British Columbia Law Institute has just published the Report on Modernizing the Child, Family and Community Service Act and the Study Paper on Youth Aging into the Community. With these two publications the work of BCLI’s Child Protection Project Committee has drawn to a close. This committee met 19 times, considered 48 submissions in
- [A closer look at the Report on Pension Division: Locked-in retirement accounts and life income funds](https://www.bcli.org/a-closer-look-at-the-report-on-pension-division-locked-in-retirement-accounts-and-life-income-funds/) - This post is part of a series highlighting key recommendations in the Report on Pension Division: A Review of Part 6 of the Family Law Act. For other posts in the series click here. Brief description of the issue Since the advent of the Family Law Act, case law has consistently held that locked-in retirement accounts
- [BCLI Reflects on the Protection of Indigenous Children](https://www.bcli.org/bcli-reflects-on-the-protection-of-indigenous-children/) - BCLI Executive Director And Emily Clough, Chair, BCLI Board The BCLI has been reflecting on the news last week that the remains of 215 children were found at the Kamloops Indian Residential School, on the lands of the Tk̓emlúps te Secwépemc First Nation. The laws of British Columbia and Canada allowed for the creation
- [The House of Commons Justice and Human Rights Committee Examines Elder Abuse](https://www.bcli.org/the-house-of-commons-justice-and-human-rights-committee-examines-elder-abuse/) - Introduction The House of Commons Standing Committee on Justice and Human Rights (“JUST”) reports on and reviews different policies, programs, and other plans for the House of Commons. The committee has completed a wide range of work, including examining the impact of COVID-19 on the judicial system and considering how the pandemic has increased intimate
- [BCLI & CCEL Issue Study Paper On Health Care Consent and Capacity Assessment Tribunals](https://www.bcli.org/bcli-ccel-issue-study-paper-on-health-care-consent-and-capacity-assessment-tribunals/) - BCLI and CCEL have released the Study Paper on Health Care Consent and Capacity Assessment Tribunals, which examines informal tribunals operating in Canada and Australia that review findings of mental incapacity to consent to health care or admission to a care facility and resolve disputes about substitute decision-making in health care. The study paper follows
- [Quick facts about the Modernizing the Child, Family and Community Service Act Project](https://www.bcli.org/quick-facts-about-the-modernizing-the-child-family-and-community-service-act-project/) - Project overview term: 1 September 2018 to 31 May 2021 14 project committee members total over project term 19 project committee meetings 39 recommendations for reform Publications one final report one study paper one consultation paper 7 backgrounders 2 media releases 31 blog posts (25 during project term) Public engagement 48 consultation responses 47 written submissions
- [Update from the 2021 Federal/Provincial/Territorial Ministers Responsible for Seniors Forum: Health and Well-being of Seniors in Canada](https://www.bcli.org/update-from-the-2021-federal-provincial-territorial-ministers-responsible-for-seniors-forum-health-and-well-being-of-seniors-in-canada/) - The Federal/Provincial/Territorial Ministers Responsible for Seniors Forum (“the Forum”) held a Symposium on Tuesday June 8th, 2021, titled the “Future of Aging in Canada”. The Forum is an intergovernmental body that discusses relevant issues related to older adults. The group meets annually at an event hosted by a different provincial or territorial seniors minister each
- [A closer look at the Report on Modernizing the Child, Family and Community Service Act: Promoting contact](https://www.bcli.org/a-closer-look-at-the-report-on-modernizing-the-child-family-and-community-service-act-promoting-contact/) - This post is part of a series highlighting recommendations in the Report on Modernizing the Child, Family and Community Service Act. For other posts in the series click here. Should the Child, Family and Community Service Act be amended to adopt new provisions promoting contact between children and their parents, siblings, and other extended family?
- [A closer look at the Report on Modernizing the Child, Family and Community Service Act: Emotional harm](https://www.bcli.org/a-closer-look-at-the-report-on-modernizing-the-child-family-and-community-service-act-emotional-harm/) - This post is part of a series highlighting recommendations in the Report on Modernizing the Child, Family and Community Service Act. For other posts in the series click here. Should the ground for protection relating to emotional harm of a child be expanded from circumstances in which a child is emotionally harmed to embrace circumstances
- [A closer look at the Report on Modernizing the Child, Family and Community Service Act: Consent orders](https://www.bcli.org/a-closer-look-at-the-report-on-modernizing-the-child-family-and-community-service-act-consent-orders/) - This post is part of a series highlighting recommendations in the Report on Modernizing the Child, Family and Community Service Act. For other posts in the series click here. Should section 60 of the Child, Family and Community Service Act be amended to enable the court to dispense with the requirement that consent to an
- [World Elder Abuse 2021](https://www.bcli.org/world-elder-abuse-2021/) - June is a month of raising awareness for many important issues and communities relevant to our work at the CCEL. June is 2SLGBTQ+ Pride Month, National indigenous History Month, and Elder Abuse Awareness Month. June 15 is World Elder Abuse Awareness Day. This blog post will review a recent elder abuse event hosted by Elder
- [Suitability: Leading complaint among investors who come to OBSI for help](https://www.bcli.org/suitability-leading-complaint-among-investors-who-come-to-obsi-for-help/) - In 2020, almost 20% of investment complaints the Ombudsman for Banking Services and Investments (OBSI) investigated related to the suitability of the investments. It is the leading issue investors submit a complaint about. In many of these investment complaints, investors say that they received poor advice, that their investments or investment strategies were unsuitable
- [Meet Education and Outreach Coordinator Jess Fehrenbacher](https://www.bcli.org/meet-education-and-outreach-coordinator-jess-fehrenbacher/) - My name is Jessica (Jess) Fehrenbacher. My last name is easier to pronounce than it looks. I am working with the Canadian Centre for Elder Law (CCEL) as an independent contractor on the Engaging People Living with Dementia Project. I have my Masters in Social Work from UBC and am a Registered Social Worker. I
- [BCLI recommendations on child employment to be implemented in October 2021](https://www.bcli.org/bcli-recommendations-on-child-employment-to-be-implemented-in-october-2021/) - Forthcoming changes to employment standards for children and young workers announced in a news release on 21 July 2021 by the Ministry of Labour will implement recommendations contained in BCLI’s 2018 Report on the Employment Standards Act. BCLI’s report pointed out that the statutory rules in effect in BC for employment of children deviate from
- [BCLI Remembers Arthur Close, QC](https://www.bcli.org/bcli-remembers-arthur-close-qc/) - Arthur L. Close, QC 1941-2021 BCLI greatly regrets the passing in late June 2021 of Arthur L. Close, QC, a founding member of BCLI and its first Executive Director. For almost 50 years, he was prominently associated with law reform in British Columbia and nationally. Originally from Edmonton, Mr. Close obtained a degree in mathematics
- [A closer look at the Report on Modernizing the Child, Family and Community Service Act: Disclosure](https://www.bcli.org/a-closer-look-at-the-report-on-modernizing-the-child-family-and-community-service-act-disclosure/) - This post is part of a series highlighting recommendations in the Report on Modernizing the Child, Family and Community Service Act. For other posts in the series click here. Should section 64 of the Child, Family and Community Service Act be amended to conform with case-law stipulations on what a director should disclose? Brief description
- [Parentage project committee considers court declarations of parentage](https://www.bcli.org/parentage-project-committee-considers-court-declarations-of-parentage/) - BCLI’s Parentage Law Reform Project Committee has been meeting monthly over the course of this year. At its most recent meeting—held in July 2021—it completed its overview of the legal, medical, and social dimensions of parentage, by examining processes for surrogacy, donors, and multi-parent families. In the meeting, the committee also began its detailed consideration of
- [BCLI Study Paper Serves as Platform for Attorney General’s Consultation on Civil Juries](https://www.bcli.org/bcli-study-paper-serves-as-platform-for-attorney-generals-consultation-on-civil-juries/) - As part of its public consultation on the future of civil juries in British Columbia, the Ministry of Attorney General has drawn on a study paper written by BCLI titled Civil Juries in British Columbia: Anachronism or Cornerstone of the Civil Justice Process to inform the discussion. Following a request from the Ministry, BCLI conducted comparative legal
- [Parentage project committee continues its review of court declarations of parentage](https://www.bcli.org/parentage-project-committee-continues-its-review-of-court-declarations-of-parentage/) - At this month’s meeting of BCLI’s Parentage Law Reform Project Committee the committee continued its review of section 31 of the Family Law Act, which deals with the court’s powers to make an order declaring parentage. Since section 31 came into force, it has been the focus of many court decisions under part 3. There are
- [Update on Medical Assistance in Dying in Canada](https://www.bcli.org/update-on-medical-assistance-in-dying-in-canada/) - Introduction Medical Assistance in Dying (“MAiD”) has a long history in Canada. Previously known as assisted suicide, it made Canadian headlines in 1993, when the landmark case of Rodriguez v British Columbia (AG) 3 SCR 519 was decided. Sue Rodriguez challenged the Criminal Code provision that prevented assisted suicide, but in a 5-4 decision the
- [Making Decisions While Living With Dementia: An Interview With Craig Burns](https://www.bcli.org/making-decisions-while-living-with-dementia-an-interview-with-craig-burns/) - In Canada, approximately 76,000 people are diagnosed with dementia every year. People living with dementia regularly face stigma and misconceptions that make living with the disease a challenge. Sometimes family members and professionals don’t recognize how someone living with dementia is capable of directing their own life choices. The Canadian Centre for Elder Law is collaborating with
- [Project Update: Engaging People Living with Dementia in Decision-Making](https://www.bcli.org/project-update-engaging-people-living-with-dementia-in-decision-making-2/) - The Canadian Centre for Elder Law (CCEL) is collaborating on a three-year project with people living with dementia, their care partners, and health care providers. The goal of this project is to work with people with different kinds of disabilities to identify strategies that can support people living with dementia to be meaningfully involved in
- [Orders declaring parentage and role of best interests of the child taken up at September parentage committee meetings](https://www.bcli.org/orders-declaring-parentage-and-role-of-best-interests-of-the-child-taken-up-at-september-parentage-committee-meetings/) - BCLI’s Parentage Law Reform Project Committee held two meetings in September. Both meetings continued the committee’s focus on section 31 of the Family Law Act, which gives the court authority to make orders declaring parentage. While such orders aren’t required in British Columbia (in contrast to other provinces, which often have legislation requiring them in specific circumstances,
- [Reflecting All Families - discussing the gaps and needs to transform and review legal parentage on CBA BC's Bartalk](https://www.bcli.org/reflecting-all-families-discussing-the-gaps-and-needs-to-transform-and-review-legal-parentage-on-cba-bcs-bartalk/) - "Family law and fertility law will need to be proactive to meet the future challenges of assisted human reproduction and to legally recognize the intention of people wanting more autonomy over their relationship and family making options." - Zara Suleman. Zara Suleman, who serves as the chair of BCLI's Review of Parentage under Part 3
- [B.C. Government implements BCLI recommendations on child employment](https://www.bcli.org/b-c-government-implements-bcli-recommendations-on-child-employment/) - Young people working in British Columbia will benefit from recent changes in employment standards meant to bring the province in line with international standards for children’s work. On 15 October 2021, the B.C. government implemented revisions to B.C. employment standards in line with recommendations contained in the BCLI’s 2018 Report on the Employment Standards Act.
- [2021 Richmond Virtual Diversity Symposium Panel Video](https://www.bcli.org/2021-richmond-virtual-diversity-symposium-panel-video/) - For this year's City of Richmond Virtual Diversity Symposium, the Canadian Centre for Elder Law hosted a panel on its Engaging People Living with Dementia in Decision-Making Project. This panel, featuring Jessica Fehrenbacher, Jerry Gosling, and Myrna Norman, highlighted initial findings from CCEL's ongoing consultations with people living with disabilities, people living with dementia, and care
- [Fireside Chats: Experiences in Building Capacity for Legal Services in Canada](https://www.bcli.org/fireside-chats-experiences-building-capacity-legal-services-canada/) - The event will be hosted by Dot Bonnenfant and will start on March 18, 2010 at 13:00. This Fireside Chat is the second in the series, in collaboration with the Ontario Network for the Prevention of Elder Abuse , following up on the National Perspectives on Elder Abuse: Join the Conversation Conference held on November
- [2010 Canadian (International) Conference on Elder Law](https://www.bcli.org/2010-canadian-international-conference-elder-law/) - In conjunction with the Law Commission of Ontario "Developing an Anti-Ageist Approach to the Law" October 28-30, 2010 Delta Chelsea Hotel Toronto, Ontario, Canada
- [2010 Canadian Conference on Elder Law: Call for Papers Released](https://www.bcli.org/2010-canadian-conference-elder-law-call-papers-released/) - The Canadian Centre for Elder Law and the Law Commission of Ontario welcome submissions for workshops, individual paper presentations and symposia/panel presentations for this year's Canadian Conference on Elder Law. The call for abstracts deadline is June 30, 2010, but early expressions of interest are strongly recommended.
- [World Elder Law Study Group 2010](https://www.bcli.org/world-elder-law-study-group-2010/) - 2010 World Elder Law Study Group PresentationsProfessor Mark Bauer, Professor of Law, Stetson University College of Law Exacerbated by Success: Consumer Fraud and the Incomplete Integration of North American Financial Systems
- [What is Elder Law? Collaboration and Continuum](https://www.bcli.org/what-elder-law-collaboration-and-continuum/) - What is elder law? In some ways the best way to understand the practice is in terms of what it is not.
- [Older Adult, Older Person, Senior, Elderly or Elder: A Few Thoughts on the Language we use to Reference Aging](https://www.bcli.org/older-adult-older-person/) - Older Adult, Older Person, Senior, Elderly or Elder: A Few Thoughts on the Language we use to Reference Aging
- [Abuse of Older Women – Presentation to the House of Commons Standing Committee on the Status of Women](https://www.bcli.org/abuse-older-women/) - Abuse of Older Women – Presentation to the House of Commons Standing Committee on the Status of WomenOn October 25, 2011, National Director Krista James made a presentation to the House of Commons Standing Committee on the Status of Women, as part of the committee’s study into abuse of older women in Canada. Below is Krista’s 10-minute presentation. The CCEL also provided the committee with a 16-page brief. Click here to download a copy.
- [Physician-Assisted Dying in Canada: The Supreme Court of British Columbia’s Recent Ruling in Carter v. Attorney-General of Canada](https://www.bcli.org/physician-assisted-dying-canada-supreme-court-british-columbias-recent-ruling-carter-v-attorne/) - Justice Lynn Smith of the BC Supreme Court handed down her decision on Friday in the case of Carter v. the Attorney-General of Canada, 2012 BCSC 886, ruling that the Criminal Code provisions which prohibit assisted suicide in Canada were unconstitutional. Justice Smith declared the relevant provisions of the Criminal Code invalid, but suspended the operation of the declaration for one year in order to permit the government time to consider and draft appropriate legislation. However, Her Honour gave Ms.
- [Highlights from the 2011 Census: Canada’s Aging Population](https://www.bcli.org/highlights-2011-census-canadas-aging-population/) - On May 29, 2012 Statistics Canada released the 2011 Census data on population growth in Canada. This data confirmed predictions that as life expectancies lengthen and the baby boomers age, the population of seniors would significantly outweigh younger populations. Across Canada the population of seniors, those 65 years of age and older, has risen dramatically, without corresponding significant growth in populations under 64 years of age.
- [New Publication! Older Women Fleeing Violence and Abuse](https://www.bcli.org/new-publication-older-women-fleeing-violence-and-abuse-in-canada-bringing-together-separate-spheres-of-practice/) - The Canadian Centre for Elder Law was invited to submit an article to the Journal of Elder Abuse and Neglect's special issue on abuse of older women. Here is the link to the recently published article, Older Women Fleeing Violence and Abuse in Canada: Bringing Together Separate Spheres of Practice. The article summarizes recent collaborative
- [BC Supreme Court decides owner-developer should not be penalized for failing to hold strata corporation’s first AGM](https://www.bcli.org/bc-supreme-court-decides-owner-developer-should-not-be-penalized-for-failing-to-hold-strata-corporations-first-agm/) - Some of the most difficult legal issues that can affect a strata property arise early in the life of a strata. When a strata property is created, its owner-developer holds title to all the strata lots. Over time, these strata lots are sold off to new strata-lot owners. But until certain thresholds are crossed the
- [Special costs awarded against couple who represented themselves in strata-property arbitration](https://www.bcli.org/special-costs-awarded-against-couple-who-represented-themselves-in-strata-property-arbitration/) - A recent decision of the British Columbia Supreme Court shows, once again, the danger of becoming so entrenched in a strata-property dispute that informal, neighborly resolution becomes impossible and adversarial dispute-resolution becomes the preferred option. The case also illustrates the application of the principles that the Supreme Court of Canada articulated in Sattva Capital Corp
- [BC Supreme Court issues ruling in strata-property smoking dispute](https://www.bcli.org/bc-supreme-court-issues-ruling-in-strata-property-smoking-dispute/) - In a judgment released on Christmas Eve, the Supreme Court of British Columbia has once again ruled in a strata-property case involving second-hand smoke. Andrushko v The Owners Strata Plan KAS 1041 McIntosh Grove, 2015 BCSC 2445 will be of interest to strata councils and their advisors, who are increasing being called upon to manage these
- [New edition of The Scrivener containing article on Strata Property Project now online](https://www.bcli.org/new-edition-of-the-scrivener-containing-article-on-strata-property-project-now-online/) - The Scrivener, the journal of the Society of Notaries Public of British Columbia, has just published its Winter 2015 edition. The theme of this edition is communicating. In its “spotlight on good works” section, the edition features an article on BCLI’s Strata Property Law Project—Phase Two.
- [BC Supreme Court releases judgment in long-running commercial-strata dispute](https://www.bcli.org/bc-supreme-court-releases-judgment-in-long-running-commercial-strata-dispute/) - The Supreme Court of British Columbia has just released its trial judgment in The Owners, Strata Plan LMS 3259 v Sze Hang Holding Inc, 2016 BCSC 32, marking the latest chapter in a dispute that stretches back to 2001 and that has already generated two decisions from the court of appeal— The Owners, Strata Plan LMS
- [Strata corporation’s liens discharged for lack of proper notice](https://www.bcli.org/strata-corporations-liens-discharged-for-lack-of-proper-notice/) - In a case decided late last year, the BC Supreme Court considered the interplay of two provisions in the Strata Property Act: section 116, which authorizes a strata corporation to register a lien against a strata lot if its owner has failed to make certain listed payments to a strata corporation, and section 61, which
- [BC Supreme Court upholds enhanced charges for defined support services in strata property catering to seniors](https://www.bcli.org/bc-supreme-court-upholds-enhanced-charges-for-defined-support-services-in-strata-property-catering-to-seniors/) - In its recently released decision in The Owners, Strata Plan VIS4686 v Craig, 2016 BCSC 90, the BC Supreme Court examines the intersection of strata-property rules on common expenses and for-profit supportive housing for older adults. The court granted the petitioner strata corporation a declaration under section 171 (1) (a) of the Strata Property Act, affirming
- [Strata corporation obtains order that owner cease and desist from smoking in strata lot](https://www.bcli.org/strata-corporation-obtains-order-that-owner-cease-and-desist-from-smoking-in-strata-lot/) - The British Columbia Supreme Court has had occasion to rule on another case involving smoking in a strata lot. In The Owners, Strata Plan NW 1815 v Aradi, 2016 BCSC 105 the court granted a strata corporation an order under section 173 of the Strata Property Act that an owner refrain from contravening the strata corporation’s no-smoking
- [Strata corporation’s handling of smoking complaint found not to be significantly unfair](https://www.bcli.org/strata-corporations-handling-of-smoking-complaint-found-not-to-be-significantly-unfair/) - The BC Supreme Court has issued its third judgment in one month on a strata-property smoking dispute. After considering a blanket no-smoking bylaw and an order that a strata-lot owner cease and desist from smoking in his unit, in Chorney v The Owners, Strata Plan VIS770, 2016 BCSC 148, the court considered a strata corporation’s application
- [A review of major changes to condominium governance in Ontario’s Bill 106](https://www.bcli.org/a-review-of-major-changes-to-condominium-governance-in-ontarios-bill-106/) - As noted in a previous blog post, Ontario passed major amendments to its Condominium Act, 1998 late last year. Bill 106 (PDF)—the Protecting Condominium Owners Act, 2015—will see sweeping changes to Ontario’s condominium law in the areas of dispute resolution, consumer protection, condominium-management regulation, and condominium finances. Some of the most interesting changes in Bill 106
- [Strata corporation’s lien ruled invalid for including improper amounts](https://www.bcli.org/strata-corporations-lien-ruled-invalid-for-including-improper-amounts/) - In a recent judgment, the BC Supreme Court has underscored the importance of careful recordkeeping and adherence to statutory procedures for strata corporations. In Terry v The Owners, Strata Plan NW 309, 2016 BCSC 237, the court discharged a lien filed under section 116 of the Strata Property Act because it apparently contained improper amounts for
- [BC Supreme Court orders strata corporation to be wound up](https://www.bcli.org/bc-supreme-court-orders-strata-corporation-to-be-wound-up/) - In a brief oral judgment handed down last month, the Supreme Court of British Columbia has ordered the winding up of a strata corporation with a liquidator, even though winding up commanded less than unanimous support among the owners. The Owners, Strata Plan NW422 v Khlybov, 2016 BCSC 285, involved a strata corporation with 21
- [BC Court of Appeal affirms “foundational democratic principles” at the heart of the Strata Property Act](https://www.bcli.org/bc-court-of-appeal-affirms-foundational-democratic-principles-at-the-heart-of-the-strata-property-act/) - In an important decision on strata-property governance, the Court of Appeal for British Columbia has grappled with whether legislation respecting a court-appointed administrator of a strata property “permits a court to abrogate a right which lies at the very core of a strata corporation’s constitutional structure: the owners’ democratic right to vote.” In Norenger Development (Canada)
- [BC Human Rights Tribunal dismisses discrimination complaint against strata corporation in second-hand smoking dispute](https://www.bcli.org/bc-human-rights-tribunal-dismisses-discrimination-complaint-against-strata-corporation-in-second-hand-smoking-dispute/) - In another strata-property dispute involving second-hand smoke, the British Columbia Human Rights Tribunal has issued a mixed decision. In Beckett v The Owners, Strata Plan NW 2603, 2016 BCHRT 27, the tribunal dismissed a complaint of discrimination on the basis of mental or physical disability under section 8 of the Human Rights Code. The complainants were
- [Alberta court considers how to tally votes on strata-property special resolution](https://www.bcli.org/alberta-court-considers-how-to-tally-votes-on-strata-property-special-resolution/) - A recent Alberta case involving a special resolution to change the basis in which condominium owners fund their common expenses turned on “the manner in which persons entitled to vote are to be counted.” 1597130 Alberta Ltd v Condominium Corporation No 1023241, 2016 ABQB 195, involved a 24-unit condominium complex. The condominium was made up of 22
- [BC Supreme Court grants strata corporation wide-ranging order restraining strata-lot owners from engaging in further disruptive and abusive behaviour](https://www.bcli.org/bc-supreme-court-grants-strata-corporation-wide-ranging-order-restraining-strata-lot-owners-from-engaging-in-further-disruptive-and-abusive-behaviour/) - The Owners, Strata Plan NW 1245 v Linden, 2016 BCSC 619, is another example of strata corporation going to court to obtain an order directing strata-lot owners to comply with bylaws or to refrain from disruptive behaviour. The case involved a 95-unit residential strata property located in Burnaby. The petitioner was the strata corporation. The respondents
- [Ontario court examines duty to repair and oppression remedy for strata properties](https://www.bcli.org/ontario-court-examines-duty-to-repair-and-oppression-remedy-for-strata-properties/) - In Ryan v York Condominium Corporation No 340, 2016 ONSC 2470, Mr. Justice Perell of the Ontario Superior Court of Justice examined two pillars of strata-property law: the duty to repair and maintain the property and the remedy for oppressive actions or conduct. The case focussed on sections 89 (repair after damage) and 135 (oppression remedy)
- [BC Human Rights Tribunal refuses to dismiss smoker’s discrimination complaint against strata corporation](https://www.bcli.org/bc-human-rights-tribunal-refuses-to-dismiss-smokers-discrimination-complaint-against-strata-corporation/) - In a decision made earlier this month, the British Columbia Human Rights Tribunal has refused to dismiss a complaint against a strata corporation that its blanket ban on smoking amounted to discrimination on the basis of a mental disability contrary to section 8 of the Human Rights Code. Background to the complaint and application The complainant
- [Strata corporation’s counterclaim against owner-developer barred by Limitation Act](https://www.bcli.org/strata-corporations-counterclaim-against-owner-developer-barred-by-limitation-act/) - In Zaidi v The Owners, Strata Plan LMS 3464, 2016 BCSC 731, a recent decision on an application to dismiss a counterclaim and third-party notice, the BC Supreme Court considered the effect of a disclosure statement under the Real Estate Development Marketing Act in relation to the discoverability rules for limitation periods. The application turned on a larger
- [Ontario Superior Court considers cost sharing and responsibility for repairs in a mixed-use strata](https://www.bcli.org/ontario-superior-court-considers-cost-sharing-and-responsibility-for-repairs-in-a-mixed-use-strata/) - In Middlesex Condominium Corp No 195 v Sunbelt, 2016 ONSC 1528, the Ontario Superior Court of Justice examined three issues that have raised concerns in British Columbia strata-property law as well. These issues are: (1) allocation of common expenses between commercial and residential strata lots in a mixed-use strata; (2) application of the Limitation Act
- [California Law Revision Commission makes tentative recommendations on builders liens and strata properties](https://www.bcli.org/california-law-revision-commission-makes-tentative-recommendations-on-builders-liens-and-strata-properties/) - As noted earlier this spring, the California Law Revision Commission is carrying out work on legal issues that arise from the intersection of builders-lien law and strata properties. The commission has just released its tentative recommendations for reform (PDF) of what California law calls mechanics liens in common-interest developments. At bottom, the legal issues for this topic
- [Newfoundland and Labrador condominium corporation fails to meet standard of honesty and good faith in imposing conditions on approval](https://www.bcli.org/newfoundland-and-labrador-condominium-corporation-fails-to-meet-standard-of-honesty-and-good-faith-in-imposing-conditions-on-approval/) - Summer Services Ltd v Karwood Commercial Condominium Corp, 2016 CanLII 34954, a recent decision of the trial division of the Supreme Court of Newfoundland and Labrador, illustrates how a condominium corporation’s board of directors (the equivalent of a BC strata council) may fail to meet its statutory duties of honesty and good faith in responding to
- [CCEL in the Media: World Elder Abuse Awareness Day 2016](https://www.bcli.org/ccel-in-the-media-world-elder-abuse-awareness-day-2016/) - World Elder Abuse Awareness Day (WEAAD) was launched on June 15, 2006 by the International Network for the Prevention of Elder Abuse and the World Health Organization at the United Nations. It is a day for communities around the world to voice opposition, share information and spread awareness about the abuse and neglect of older
- [Alberta court strikes down “pointless” fines levied against strata-lot owner](https://www.bcli.org/alberta-court-strikes-down-pointless-fines-levied-against-strata-lot-owner/) - In Condominium Corporation No 072 9313 (Trails of Mill Creek) v Schultz, 2016 ABQB 338, a master of the Alberta Court of Queen’s Bench refused to enforce a condominium corporation’s repeated fines against an owner who was in breach of the condominium’s bylaw against underage occupants. The case contains some interesting comments on the use
- [Ontario court sides with strata corporation in parking-lot dispute](https://www.bcli.org/ontario-court-sides-with-strata-corporation-in-parking-lot-dispute/) - Cheung v York Region Condominium Corporation No. 759, 2016 ONSC 4236, involved a claim that an Ontario condominium corporation’s bylaw governing allocation of parking stalls amounted to oppression of a condominium unit owner. The case reviews the general principles of the Condominium Act, 1998’s oppression remedy and applies them to the often-fraught issue of managing parking.
- [Alberta court holds that creditors with registered builders liens and caveats have priority over strata-lot purchasers' unregistered trust interests](https://www.bcli.org/alberta-court-holds-that-creditors-with-registered-builders-liens-and-caveats-have-priority-over-strata-lot-purchasers-unregistered-trust-interests/) - In 1864684 Alberta Ltd v 1693737 Alberta Inc, 2016 ABQB 371, the Alberta Court of Queen’s Bench made a “determination of creditors’ entitlement to net sale proceeds” of a commercial-condominium development located in Airdrie, Alberta. The condominium’s developer was in receivership and the land “was sold in a court-supervised receivership,” with the proceeds being paid into court.
- [Manitoba strata corporation's window-replacement project found not to have discriminated against owners on the basis of disability](https://www.bcli.org/manitoba-strata-corporation-found-not-to-have-discriminated-against-owners-on-the-basis-of-disability-in-carrying-out-window-replacement-project/) - In four complaints against the same condominium corporation, the Manitoba Board of Human Rights has ruled that replacing clear windows with tinted windows did not amount to discrimination under The Human Rights Code. Three of the complaints—Renard v Winnipeg Condominium Corporation No 30, 2016 MBHR 3, Gordon v Winnipeg Condominium Corporation No 30, 2016 MBHR
- [BC Court of Appeal clarifies interpretation of Strata Property Act’s rental-restriction rules](https://www.bcli.org/bc-court-of-appeal-clarifies-interpretation-of-strata-property-acts-rental-restriction-rules/) - In Mathews v The Owners, Strata Plan VR 90, 2016 BCCA 345, the Court of Appeal for British Columbia clarified the requirements of the rental-restriction rules found in section 141 of the Strata Property Act. Previous decisions had agreed that section 141 (3) requires a strata corporation to have a procedure that must be followed in
- [Strata-lot owner held responsible to pay strata corporation’s insurance deductible in leaky-toilet case](https://www.bcli.org/strata-lot-owner-held-responsible-to-pay-strata-corporations-insurance-deductible-in-leaky-toilet-case/) - In a case decided late last month, the Provincial Court of British Columbia (Small Claims) has held a strata-lot owner responsible to pay the strata corporation’s insurance deductible. The case is the latest example of how courts are handling the legal issues that arise when strata-property law and insurance law intersect. Strata Plan VR360 v
- [BC Supreme Court orders strata corporation to amend its Schedule of Unit Entitlement](https://www.bcli.org/bc-supreme-court-orders-strata-corporation-to-amend-its-schedule-of-unit-entitlement/) - Unit entitlement is one of the building blocks of strata-property law. Under British Columbia’s Strata Property Act, unit entitlement is “used in calculations to determine the strata lot’s share of (a) the common property and common assets, and (b) the common expenses and liabilities of the strata corporation.” Section 246 (3) of the SPA sets out a
- [Ontario Court of Appeal: Business judgment rule applies to condo board decisions](https://www.bcli.org/ontario-court-of-appeal-business-judgment-rule-applies-to-condo-board-decisions/) - In a decision released yesterday, Ontario’s top court has made it clear that decisions taken by a condominium’s board of directors (what in British Columbia is called a strata council) are covered by the business judgment rule. “This rule,” as the court defines it, “recognizes the autonomy and integrity of corporations, and the fact that
- [What is a residential strata lot?](https://www.bcli.org/what-is-a-residential-strata-lot/) - In a somewhat circular definition, the Strata Property Act defines “residential strata lot” to mean “a strata lot designed or intended to be used primarily as a residence.” The Supreme Court of British Columbia recently considered this definition in ruling on a dispute over a strata corporation’s “governance of a phased strata development that is located
- [Spotlight on sections: Qualifying conditions to create a section](https://www.bcli.org/spotlight-on-sections-qualifying-conditions-to-create-a-section/) - BCLI is running a public consultation on complex stratas. It is asking for public input into proposed changes to the law governing sections, types, and phases. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is part of a series that spotlights issues on
- [Spotlight on sections: Should sections have authority over common property?](https://www.bcli.org/spotlight-on-sections-should-sections-have-authority-over-common-property/) - BCLI is running a public consultation on complex stratas. It is asking for public input into proposed changes to the law governing sections, types, and phases. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is part of a series that spotlights issues on
- [BC Court of Appeal upholds decision not to penalize owner-developer for failing to hold strata corporation’s first AGM](https://www.bcli.org/bc-court-of-appeal-upholds-decision-not-to-penalize-owner-developer-for-failing-to-hold-strata-corporations-first-agm/) - In The Owners, Strata Plan KAS 3549 v 0738039 B.C. Ltd, 2016 BCCA 370, the Court of Appeal for British Columbia affirmed a decision made in chambers in The Owners, Strata Plan KAS 3549 v 0738039 B.C. Ltd, 2015 BCSC 2273. The case involved the interpretation of section 17 of the Strata Property Act. The chambers
- [Strata corporation ordered to pay damages for failure to repair and maintain common property](https://www.bcli.org/strata-corporation-ordered-to-pay-damages-for-failure-to-repair-and-maintain-common-property/) - In Hill v The Owners, Strata Plan KAS 510, 2016 BCSC 1753, the BC Supreme Court found that a strata corporation had acted in a significantly unfair manner toward a strata-lot owner. The strata corporation had found itself in a catch-22 when structural defects in the strata-property’s foundation caused warping to the floor of a strata
- [BC Supreme Court appoints administrator, orders special levy aimed at remedying “quintessential leaky condo”](https://www.bcli.org/bc-supreme-court-appoints-administrator-orders-special-levy-aimed-at-remedying-quintessential-leaky-condo/) - In a recent decision, the Supreme Court of British Columbia appointed an administrator for a strata corporation under section 174 of the Strata Property Act and ordered a special levy to a maximum amount of $16 827 000 under section 165 of the act. Santos v The Owners, Strata Plan LMS 1509, 2016 BCSC 1775, involved “a large 250-unit residential
- [Spotlight on sections: Should all sections have a say in whether a section is cancelled?](https://www.bcli.org/spotlight-on-sections-should-all-sections-have-a-say-in-whether-a-section-is-cancelled/) - BCLI is running a public consultation on complex stratas. It is asking for public input into proposed changes to the law governing sections, types, and phases. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is part of a series that spotlights issues on
- [BC Supreme Court orders restoration of common property to state before unauthorized changes made, appoints administrator for deadlocked duplex strata property](https://www.bcli.org/bc-supreme-court-orders-restoration-of-common-property-to-state-before-unauthorized-changes-made-appoints-administrator-for-deadlocked-duplex-strata-property/) - In Anthony v Schnapp, 2016 BCSC 1839, the Supreme Court of British Columbia considered “two competing petitions” from strata-lot owners. The strata property at issue was a duplex. A dispute over changes to common property had festered and caused a complete breakdown in the strata property’s governance. The owners were seeking remedial orders and, on one
- [Employment Standards Act Reform discussed on CBC Radio 1](https://www.bcli.org/employment-standards-act-reform-project-gets-airtime-on-cbc-radio-1/) - David Fairey (co-Chair of the B.C. Employment Standards Coalition) and Tom Beasley (Chair of BCLI's Committee on the Employment Standards Act Reform Project) were guests on B.C. Almanac to discuss how the B.C. Employment Standards Act should change to keep with the modern workplace. Listen to the podcast here (their segment starts at 24:38): https://www.cbc.ca/news/canada/british-columbia/programs/bcalmanac
- [Spotlight on types: Should the Strata Property Act contain a provision expressly enabling the creation of types of strata lots?](https://www.bcli.org/spotlight-on-types-should-the-strata-property-act-contain-a-provision-expressly-enabling-the-creation-of-types-of-strata-lots/) - BCLI is running a public consultation on complex stratas. It is asking for public input into proposed changes to the law governing sections, types, and phases. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is part of a series that spotlights issues on
- [Spotlight on types: Should the Strata Property Act require a strata corporation that wishes to create types of strata lots to obtain approval of this decision at a general meeting by adoption of resolutions passed by 3/4 votes of both eligible voters in the type and all eligible voters in the strata corporation?](https://www.bcli.org/spotlight-on-types-should-the-strata-property-act-require-a-strata-corporation-that-wishes-to-create-types-of-strata-lots-to-obtain-approval-of-this-decision-at-a-general-meeting-by-adoption-of-resol/) - BCLI is running a public consultation on complex stratas. It is asking for public input into proposed changes to the law governing sections, types, and phases. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is part of a series that spotlights issues on
- [BC Supreme Court upholds limited common property designation in the face of a claim of significant unfairness](https://www.bcli.org/bc-supreme-court-upholds-limited-common-property-designation-in-the-face-of-a-claim-of-significant-unfairness/) - Chen v The Owners, Strata Plan VR1856, 2016 BCSC 1946, involved a dispute over a deck in a two-unit strata property located on the Vancouver waterfront. The strata property was developed in 1987 and early in its life its owner-developer “passed a special resolution designating certain areas of the common property as limited common property.” One
- [Spotlight on Types: Should the Strata Property Act require a strata corporation that wishes to cancel types of strata lots to obtain approval of this decision at a general meeting by adoption of resolutions passed by 3/4 votes of both eligible voters in the type and all eligible voters in the strata corporation?](https://www.bcli.org/should-the-strata-property-act-require-a-strata-corporation-that-wishes-to-cancel-types-of-strata-lots-to-obtain-approval-of-this-decision-at-a-general-meeting-by-adoption-of-resolutions-passed-by-34/) - BCLI is running a public consultation on complex stratas. It is asking for public input into proposed changes to the law governing sections, types, and phases. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is part of a series that spotlights issues on
- [Spotlight on phases: Should approval of a Phased Strata Plan Declaration expire after one year?](https://www.bcli.org/spotlight-on-phases-should-approval-of-a-phased-strata-plan-declaration-expire-after-one-year/) - BCLI is running a public consultation on complex stratas. It is asking for public input into proposed changes to the law governing sections, types, and phases. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is part of a series that spotlights issues on
- [BC Court of Appeal sets aside fines because strata corporation failed to give owner notice and an opportunity to respond](https://www.bcli.org/bc-court-of-appeal-sets-aside-fines-because-strata-corporation-failed-to-give-owner-notice-and-an-opportunity-to-respond/) - In Terry v The Owners, Strata Plan NW 309, 2016 BCCA 449, the Court of Appeal for British Columbia reversed a decision made earlier this year by a judge of the supreme court in chambers and declared fines imposed on a strata-lot owner for failing to pay strata fees and a special levy to be invalid.
- [BC Supreme Court tackles builders lien claim against a strata corporation’s common property](https://www.bcli.org/bc-supreme-court-tackles-builders-lien-claim-against-a-strata-corporations-common-property/) - In a decision released yesterday, the Supreme Court of British Columbia addressed some of the difficult issues that can arise when a strata corporation engages a builder to carry out construction on common property. Primex Industries Inc v The Owners, Strata Plan LMS 1751, 2016 BCSC 2092, contained a sustained discussion on whether strata-lot owners
- [Judgment in long-running dispute addresses powers of sections, voting](https://www.bcli.org/judgment-in-long-running-dispute-addresses-powers-of-sections-voting/) - Yang v Re/Max Commercial Realty Associates (482258 BC Ltd), 2016 BCSC 2147, is the latest judgment in a dispute that has spawned two other BC Supreme Court decisions: Yang v The Owners, Strata Plan LMS 4084, 2010 BCSC 453, and Yang v 482258 Ltd (Re/Max Commercial Realty Associates) (21 January 2014), Vancouver S134432 (SC). Yang
- [Spotlight on phases: Should the Strata Property Regulation restrict a phased strata’s ability to amend bylaws relating to pets, rentals, age, and marketing?](https://www.bcli.org/spotlight-on-phases-should-the-strata-property-regulation-restrict-a-phased-stratas-ability-to-amend-bylaws-relating-to-pets-rentals-age-and-marketing/) - BCLI is running a public consultation on complex stratas. It is asking for public input into proposed changes to the law governing sections, types, and phases. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is part of a series that spotlights issues on
- [Strata corporation’s attempt to characterize fines as strata fees unsuccessful](https://www.bcli.org/strata-corporations-attempt-to-characterize-fines-as-strata-fees-unsuccessful/) - The Owners, Strata Plan BCS3648 v Podwinski, 2016 BCSC 2253, a short oral judgment made in August, tackles an interesting issue. Section 116 of the Strata Property Act allows a strata corporation to “register a lien against an owner’s strata lot . . . if the owner fails to pay the strata corporation any of the following with
- [Spotlight on phases: Insurance coverage for a new phase](https://www.bcli.org/spotlight-on-phases-insurance-coverage-for-a-new-phase/) - BCLI is running a public consultation on complex stratas. It is asking for public input into proposed changes to the law governing sections, types, and phases. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is part of a series that spotlights issues on
- [Strata-property law: 2016 in review](https://www.bcli.org/strata-property-law-2016-in-review/) - This past year has seen several milestones in strata-property law, both here in British Columbia and elsewhere. The year has featured important court and tribunal decisions, new legislation coming into force, and new law-reform initiatives. Here are some of the significant developments in 2016, as noted in the BCLI blog. January: The BC Supreme Court
- [Report: First strata termination approved without a unanimous vote goes to supreme court for confirmation](https://www.bcli.org/report-first-strata-termination-approved-without-a-unanimous-vote-goes-to-supreme-court-for-confirmation/) - Business in Vancouver has published a story on British Columbia’s first strata corporation to use the new termination procedure. The strata corporation has now reached the stage of confirmation of the resolution to terminate by the Supreme Court of British Columbia. Bill 40 amended part 16 of the Strata Property Act, permitting the cancellation of a strata plan
- [Quick facts about the Unfair Contracts Relief Project](https://www.bcli.org/quick-facts-about-the-unfair-contracts-relief-project/) - This post is part of a series highlighting four projects endorsed in the Agenda for Justice 2017 published by the Canadian Bar Association, BC Branch. To read the other posts in the series click here. About the project BCLI’s Unfair Contracts Relief Project: was carried out from 2009 to 2011 with the assistance of a seven-person
- [Quick facts about the Commercial Tenancy Act Reform Project](https://www.bcli.org/quick-facts-about-the-commercial-tenancy-act-reform-project/) - This post is part of a series highlighting four projects endorsed in the Agenda for Justice 2017 published by the Canadian Bar Association, BC Branch. To read the other posts in the series click here. About the project BCLI’s Commercial Tenancy Act Reform Project: was carried out from 2007 to 2009 with the assistance of a
- [Quick facts about the Reverse Mortgages Project](https://www.bcli.org/quick-facts-about-the-reverse-mortgages-project/) - This post is part of a series highlighting four projects endorsed in the Agenda for Justice 2017 published by the Canadian Bar Association, BC Branch. To read the other posts in the series click here. About the project The Reverse Mortgages Project: was carried out from 2004 to 2006 by BCLI’s division the Canadian Centre for
- [Quick facts about the Uniform Civil Enforcement of Money Judgments Project](https://www.bcli.org/quick-facts-about-the-uniform-civil-enforcement-of-money-judgments-project/) - This post is part of a series highlighting four projects endorsed in the Agenda for Justice 2017 published by the Canadian Bar Association, BC Branch. To read the other posts in the series click here. About the project BCLI’s Uniform Civil Enforcement of Money Judgments Project: was carried out from 2004 to 2005 and was supported
- [We are not all the same: new report of the Older Women’s Dialogue Project released today](https://www.bcli.org/we-are-not-all-the-same-new-report-of-the-older-womens-dialogue-project-released-today/) - Today we celebrate International Women’s Day. This year’s theme is Be Bold for Change. CCEL’s latest report We Are Not All the Same: Key Law, Policy and Practice Strategies for Improving the Lives of Older Women in the Lower Mainland, addresses the bold question: what about the older women in communities? What wisdom can
- [New series examines the impact of Bill 40 on terminating a strata](https://www.bcli.org/new-series-examines-the-impact-of-bill-40-on-terminating-a-strata/) - Business in Vancouver has published a two-part series examining how recent changes to the Strata Property Act have affected terminating a strata. In July 2016, Bill 40 came into force, amending part 16 of the Strata Property Act. The bill’s major changes involved lowering the voting threshold required to authorize termination (from unanimity to 80 percent of eligible voters)
- [CRT Roundup—responsibility for repairs, strata-council composition and meetings, collection of arrears, and tribunal procedure](https://www.bcli.org/crt-roundup-responsibility-for-repairs-strata-council-composition-and-meetings-collection-of-arrears-and-tribunal-procedure/) - This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been nine new decisions since the last post. Responsibility for repairs to strata lot Rawle v The Owners, Strata Plan NWS 3423, 2017 CRTBC 15, involved a dispute between a strata-lot owner and a strata corporation, which “arose because
- [BC Court of Appeal: Classification of strata lots as residential must be determined “at or around the inception of the development”](https://www.bcli.org/bc-court-of-appeal-classification-of-strata-lots-as-residential-must-be-determined-at-or-around-the-inception-of-the-development/) - In East Barriere Resort Ltd v The Owners, Strata Plan KAS1819, 2017 BCCA 183, the Court of Appeal for British Columbia allowed an appeal from a decision of a chambers judge in a case concerning the interpretation of the expression “residential strata lots” in section 128 of the Strata Property Act. As the court of appeal put
- [First Impressions of BCLI and CCEL](https://www.bcli.org/first-impressions-of-bcli-and-ccel/) - My first week with BCLI and CCEL as their Summer Legal Research Student was a whirlwind of consultations, focus group meetings, and BCLI’s 20th anniversary event. It is only my second week with BCLI and CCEL, but I can already tell that I am going to enjoy my summer! My very first impression of BCLI
- [BC Supreme Court finds strata-lot owners in contempt of court order, orders eviction and sale of their strata lot](https://www.bcli.org/bc-supreme-court-finds-strata-lot-owners-in-contempt-of-court-order-orders-eviction-and-sale-of-their-strata-lot/) - Section 173 of the Strata Property Act gives the BC Supreme Court wide powers to order compliance with the act and a strata corporation’s bylaws and rules. In The Owners, Strata Plan LMS 2768 v Jordison, 2013 BCCA 484, the court of appeal concluded that these powers include the power to evict a strata-lot owner and order
- [CRT Roundup—bylaw and rule enforcement, res judicata](https://www.bcli.org/crt-roundup-bylaw-and-rule-enforcement-res-judicata/) - This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been two new decisions since the last post. Bylaw and rule enforcement: compliance with statutory procedure In SM v The Owners, Strata Plan ABC, 2017 CRTBC 23, a strata lot owner asked for a $150 fine to be waived.
- [Saskatchewan court finds strata owner in arrears of “contributions” not entitled to vote](https://www.bcli.org/saskatchewan-court-finds-strata-owner-in-arrears-of-contributions-not-entitled-to-vote/) - Section 53 (2) of BC’s Strata Property Act governs when a strata-lot owner who owes money to the strata corporation may lose the right to exercise the strata lot’s vote. That vote may be lost if the following apply: the strata corporation has a bylaw providing that the owner’s right to vote will be lost if
- [A closer look at the Report on Complex Stratas—should sections be retained or repealed?](https://www.bcli.org/a-closer-look-at-the-report-on-complex-stratas-should-sections-be-retained-or-repealed/) - This post is the first in a three-part series highlighting key recommendations in the Report on Complex Stratas (PDF). For other entries in the series, click here. One of the issues taken up in the report that heavily engaged the Strata Property Law Project Committee’s attention was whether to retain or repeal legislation enabling the
- [BC Supreme Court: Short-term occupancy of strata lots under licenses not entitled to protection of Strata Property Act’s rental restriction grace period](https://www.bcli.org/bc-supreme-court-short-term-occupancy-of-strata-lots-under-licenses-not-entitled-to-protection-of-strata-property-acts-rental-restriction-grace-period/) - HighStreet Accommodations Ltd v The Owners, Strata Plan BCS2478, 2017 BCSC 1039, concerned the application of rental restrictions to a strata-lot that was being used for short-term accommodation. The case came before the court as a pre-trial determination of a point of law. The court was asked to determine whether a tenant that was providing
- [A closer look at the Report on Complex Stratas—should strata corporations be allowed to allocate expenses paid for out of the contingency reserve fund to types?](https://www.bcli.org/a-closer-look-at-the-report-on-complex-stratas-should-strata-corporations-be-allowed-to-allocate-expenses-paid-for-out-of-the-contingency-reserve-fund-to-types/) - This post is the second in a three-part series highlighting key recommendations in the Report on Complex Stratas (PDF). For other entries in the series, click here. Currently the Strata Property Act and the Strata Property Regulation only allow strata corporations to designate types of strata lots for the purpose of dealing with cost sharing
- [A closer look at the Report on Complex Stratas—should the Strata Property Act continue to require a strata corporation to hold an annual general meeting after the deposit of each phase in a phased strata plan other than the first phase?](https://www.bcli.org/a-closer-look-at-the-report-on-complex-stratas-should-the-strata-property-act-continue-to-require-a-strata-corporation-to-hold-an-annual-general-meeting-after-the-deposit-of-each-phase-in-a-ph/) - This post is the third in a three-part series highlighting key recommendations in the Report on Complex Stratas (PDF). For other entries in the series, click here. The committee’s review of phased strata plans was diverse and wide-ranging. A lot of its time was spent considering how to apply the act’s governance standards to phases
- [CRT roundup—significant unfairness, use of limited common property, chargebacks, and jurisdiction and procedure](https://www.bcli.org/crt-roundup-significant-unfairness-use-of-limited-common-property-chargebacks-and-jurisdiction-and-procedure/) - This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been six new decisions since the last post. Significant unfairness and use of limited common property—application to install hot tub on roof deck Doig v The Owners, Strata Plan VR 1712, 2017 BCCRT 36, involved a dispute over “whether a
- [Making Wills Half a World Over: Part One of the Wills Series](https://www.bcli.org/making-wills-half-a-world-over-part-one-of-the-wills-series/) - This series examines and compares recommendations made in several BCLI reports and those made by the Law Commission of England and Wales. To read the other posts in the series click here. On July 13 2017, the Law Commission of England and Wales published its new Consultation Paper as part of its Wills Project. The publication,
- [Will-Making Capacity: Part Two of the Wills Series](https://www.bcli.org/will-making-capacity-part-two-of-the-wills-series/) - This series examines and compares recommendations made in several BCLI reports and those made by the Law Commission of England and Wales. To read the other posts in the series click here. This weeks’ blog post, and the second instalment of the “Wills Series,” considers the ways in which BCLI has approached the issue of capacity in
- [Digital Wills: How the Law of Wills Responds to the Electronic Era](https://www.bcli.org/digital-wills-how-the-law-of-wills-responds-to-the-electronic-era/) - This series examines and compares recommendations made in several BCLI reports and those made by the Law Commission of England and Wales. To read the other posts in the series click here. Until comparatively recently, a will written on anything but paper or another tangible surface would have been a bizarre concept. As technology continues to advance,
- [The Wills Series:  Approaches to Modern Will-Making](https://www.bcli.org/the-wills-series-approaches-to-modern-will-making/) - Making Wills Half a World Over: Part One of the Wills Series (August 1, 2017) Will-Making Capacity: Part Two of the Wills Series (August 8, 2017) Digital Wills: How the Law of Wills Responds to the Electronic Era (August 15, 2017) Undue Influence and Will-Making (August 22nd, 2017) Will-Making Formalities (September 12th, 2017)
- [Undue Influence and Will-Making](https://www.bcli.org/undue-influence-and-will-making/) - This series examines and compares recommendations made in several BCLI reports and those made by the Law Commission of England and Wales. To read the other posts in the series click here. Undue influence can be defined as a situation where a person is pressured to perform a legal act, and where that person does not truly
- [CRT Roundup—repairs, chargebacks, parking stalls, and more](https://www.bcli.org/crt-roundup-repairs-chargebacks-parking-stalls-and-more/) - This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 18 new decisions since the last post. Repairs—water penetration—negligence and significant unfairness In Capek v The Owners, Strata Plan VR1706, 2017 BCCRT 42, the applicant owner alleged that the strata corporation was negligent and significantly unfair to him
- [Advance Consent and Medical Assistance in Dying (MAiD)](https://www.bcli.org/advance-consent-and-medical-assistance-in-dying-maid/) - The Carter Decision In February 2015, the Supreme Court of Canada released a landmark decision with respect to a person’s right to medical assistance in dying (“MAiD”). Historically, it had been a crime for any person to assist another person in ending their own life. In the Carter decision, the appellants challenged the constitutionality of
- [Will-Making Formalities](https://www.bcli.org/will-making-formalities/) - This series examines and compares recommendations made in several BCLI reports and those made by the Law Commission of England and Wales. To read the other posts in the series click here. In order for a will to be valid, a will must meet certain formal requirements. These requirements, often referred to as “testamentary formalities,” are relatively
- [CRT Roundup—use and alteration of common property, unauthorized spending, and more](https://www.bcli.org/crt-roundup-use-and-alteration-of-common-property-unauthorized-spending-and-more/) - This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 19 new decisions since the last post. Bylaws—rental and pet restrictions—Airbnb The Owners, Strata Plan VR812 v Yu, 2017 BCCRT 82 concerned the enforcement of the applicant strata corporation’s rental-restriction and pet bylaws. The strata corporation alleged that the
- [Incomplete interest schedule foils strata’s bid for termination](https://www.bcli.org/incomplete-interest-schedule-foils-stratas-bid-for-termination/) - Re The Owners, Strata Plan VR 1966, 2017 BCSC 1661, was, as the court noted, the first contested case to consider the recently amended procedure to cancel a strata plan and wind up a strata corporation. The case illustrates the importance of strict compliance with the Strata Property Act’s requirements for employing this procedure. The case
- [Capacity to Marry](https://www.bcli.org/capacity-to-marry/) - Introduction In order to carry out legal actions, a person must have the requisite capacity to do so. Different legal actions may require a person to meet a specific threshold of capacity. For example, there are different thresholds associated with entering into a contract, making a will, and retaining legal counsel. These legal thresholds are
- [The Financing Litigation Series: Unbundled Legal Services](https://www.bcli.org/the-financing-litigation-series-unbundled-legal-services/) - This post is the first in a six-part series showcasing each of the financing models explored in the Study Paper on Financing Litigation (PDF), published on October 4, 2017, and some recent developments in British Columbia. To read other posts in the series click here. Unbundled legal services are essentially discrete, limited legal services that a
- [CRT Roundup—common property, repairs and maintenance, insurance, finances, and more](https://www.bcli.org/crt-roundup-common-property-repairs-and-maintenance-insurance-finances-and-more/) - This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 14 new decisions since the last post. Limited common property—significant change in use and appearance—patios & governance—strata council—conflict of interest Page v Section 1 of The Owners, Strata Plan NW 2099, 2017 BCCRT 84, concerned a dispute “about certain
- [The Financing Litigation Series: Third-Party Litigation Funding](https://www.bcli.org/the-financing-litigation-series-third-party-litigation-funding/) - This blog post is the second in a six-part series showcasing each of the six financing models explored in the Study Paper on Financing Litigation (PDF), published on October 4, 2017, and recent developments in British Columbia. To read other posts in the series click here. Third-party litigation funding is the practice of an outside party,
- [BC Court of Appeal: Strata corporation entitled to recover actual legal costs for registering and enforcing lien](https://www.bcli.org/bc-court-of-appeal-strata-corporation-entitled-to-recover-actual-legal-costs-for-registering-and-enforcing-lien/) - In The Owners, Strata Plan KAS 2428 v Baettig, 2017 BCCA 377, a decision released as October came to a close, the Court of Appeal for British Columbia clarified the reach of a strata corporation’s lien on a delinquent owner’s strata lot. Overturning a chambers judge’s decision, and rejecting an earlier BC Supreme Court case,
- [BC Supreme Court holds that compliance with statutory obligation to pay common expenses “cannot create an independent legal obligation between a strata corporation and the party to whom the expenses are paid”](https://www.bcli.org/bc-supreme-court-holds-that-compliance-with-statutory-obligation-to-pay-common-expenses-cannot-create-an-independent-legal-obligation-between-a-strata-corporation-and-the-party-to-whom-the-ex/) - Although Interville Development Limited Partnership v The Owners, Strata Plan BCS2313, 2017 BCSC 1947, is a case primarily concerned with civil procedure, the reasons for judgment do contain some interesting comments on section 14 (1) of the Strata Property Act. That provision requires a strata corporation to pay common expenses during the interim-budget period—or, as the
- [Strata corporation not bound by easement’s positive covenants for sharing of parkade expenses](https://www.bcli.org/strata-corporation-not-bound-by-easements-positive-covenants-for-sharing-of-parkade-expenses/) - For the third time this year, the Supreme Court of British Columbia has refused to enforce positive covenants found in an easement agreement against a strata corporation. The Owners, Strata Plan BCS 4006 v Jameson House Ventures Ltd, 2017 BCSC 1988, follows The Owners, Strata Plan LMS 3905 v Crystal Square Parking Corp, 2017 BCSC
- [Signature of all owners required to transfer part of a strata corporation’s common property for highway dedication](https://www.bcli.org/signature-of-all-owners-required-to-transfer-part-of-a-strata-corporations-common-property-for-highway-dedication/) - In British Columbia (Minister of Transportation and Infrastructure) v Registrar, Victoria Land Title Office, 2017 BCSC 1999, the BC Supreme Court took on an issue that “has arisen in the past” with the hopes that “a determination here would clarify the requirements for the future.” The case involved the level of approval required to allow a
- [The Financing Litigation Series: Alternative Fee Arrangements](https://www.bcli.org/the-financing-litigation-series-alternative-fee-arrangements/) - This blog post is the third in a six-part series showcasing each of the six financing models explored in the Study Paper on Financing Litigation (PDF), published on October 4, 2017, and recent developments in British Columbia. To read other posts in the series click here. There is no universal definition for an alternative fee arrangement
- [CRT Roundup—repair and maintenance, bylaw enforcement, and more](https://www.bcli.org/crt-roundup-repair-and-maintenance-bylaw-enforcement-and-more/) - This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 13 new decisions since the last post. Repair and maintenance—solarium In Allard v The Owners, Strata Plan VIS 962, 2017 BCCRT 111, the respondent strata corporation “entered into a renewal project of its building, which includes the replacement of
- [BC Court of Appeal clarifies meaning of “habitable area” of a residential strata lot](https://www.bcli.org/bc-court-of-appeal-clarifies-meaning-of-habitable-area-of-a-residential-strata-lot/) - In Barrett v The Owners, Strata Plan LMS3265, 2017 BCCA 414, the BC Court of Appeal allowed an appeal from a decision of a trial judge, affirming an earlier case’s conclusion that “ ‘habitable area’ means ‘that area within a residential strata lot which can, could or is capable of being lived in . . . free of serious defects
- [The Financing Litigation Series: Crowdfunding](https://www.bcli.org/the-financing-litigation-series-crowdfunding/) - This blog post is the fourth in a six-part series showcasing each of the six financing models explored in the Study Paper on Financing Litigation (PDF), published on October 4, 2017, and recent developments in British Columbia. To read other posts in the series click here. Crowdfunding is used by individuals and businesses to raise small
- [Strata corporation and strata-lot owner ordered to split the cost of replacing flood-damaged hardwood floor](https://www.bcli.org/strata-corporation-and-strata-lot-owner-ordered-to-split-the-cost-of-replacing-flood-damaged-hardwood-floor/) - In an appeal of an unreported provincial-court decision, the BC Supreme Court has ordered that it would be “just” for a strata corporation to be “held liable for 55% of the costs charged by the contractor for demolition and replacement of the hardwood flooring in the appellant’s unit, less a deduction of 15% representing betterment given
- [Strata corporation’s decision not to redo exterior-wall treatment wasn’t significantly unfair to owner](https://www.bcli.org/strata-corporations-decision-not-to-redo-exterior-wall-treatment-wasnt-significantly-unfair-to-owner/) - In Chan v The Owners, Strata Plan BCS 0856, 2017 BCSC 2240, a strata-lot owner asked the BC Supreme Court for “a declaration that a February 24, 2014 decision of the strata council of the building in which she resides is significantly unfair to her, an order setting aside the decision, and an order that the
- [BC Supreme Court grants leave to appeal CRT decision in dispute over upkeep of duplex strata property](https://www.bcli.org/bc-supreme-court-grants-leave-to-appeal-crt-decision-in-dispute-over-upkeep-of-duplex-strata-property/) - In McKnight v Bourque, 2017 BCSC 2280, the Supreme Court of British Columbia considered an application for leave to appeal a decision of the Civil Resolution Tribunal. The application proceeded under section 56.5 of the Civil Resolution Tribunal Act. Leave was granted on five of the eleven grounds sought. The underlying dispute “relates to a duplex strata property;
- [BC Human Rights Tribunal allows complaint based on language of strata meetings to proceed](https://www.bcli.org/bc-human-rights-tribunal-allows-complaint-based-on-language-of-strata-meetings-to-proceed/) - Wellington Court is a strata property consisting of 54 residential strata lots located in Richmond. A majority of “the owners at Wellington Court are of Asian descent,” and “a significant number of the owners are Mandarin speakers as their first language with some having a limited facility in English.” Since 2015, Wellington Court’s general meetings and strata-council meetings have
- [The Financing Litigation Series: Legal Expense Insurance](https://www.bcli.org/the-financing-litigation-series-legal-expense-insurance/) - This blog post is the fifth in a six-part series showcasing each of the six financing models explored in the Study Paper on Financing Litigation (PDF), published on October 4, 2017, and recent developments in British Columbia. To read other posts in the series click here. Legal expense insurance offers coverage for legal services. Depending on
- [CRT Roundup—governance, bylaw enforcement, common property, parking, and access to records](https://www.bcli.org/crt-roundup-governance-bylaw-enforcement-common-property-parking-and-access-to-records/) - This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 11 new decisions since the last post. Governance—minutes—financial statements—bylaw enforcement—access to records—standard of conduct Link v The Owners, Strata Plan KAS 828, 2017 BCCRT 128, concerned “a variety of claims about the strata’s alleged historical failures to properly govern
- [BC Supreme Court finds designation of parking stalls as limited common property to be a mistake, orders correction of strata plan](https://www.bcli.org/bc-supreme-court-finds-designation-of-parking-stalls-as-limited-common-property-to-be-a-mistake-orders-correction-of-strata-plan/) - In Chow v The Owners, Strata Plan NW 3243, 2017 BCSC 2331 the Supreme Court of British Columbia considered the application of section 14.12 of the Strata Property Regulation (which allows for the correction of errors in a strata plan) to a dispute over parking stalls. The court found that the section’s conditions were met and ordered
- [BC Supreme Court confirms winding up of strata over objections of minority group](https://www.bcli.org/bc-supreme-court-confirms-winding-up-of-strata-over-objections-of-minority-group/) - In a wide-ranging decision on the Strata Property Act’s new provisions for winding up a strata, the BC Supreme Court has confirmed a decision to wind up that reached the new threshold of support by 80 percent of the owners. The Owners, Strata Plan VR2122 v Wake, 2017 BCSC 2386, concerned “a four-storey, wood-frame structure with
- [The Financing Litigation Series: Publicly Funded Litigation Funds](https://www.bcli.org/the-financing-litigation-series-publicly-funded-litigation-funds/) - This is the final blog post in a six-part series showcasing each of the six financing models explored in the Study Paper on Financing Litigation (PDF), published on October 4, 2017, and recent developments. To read other posts in the series click here. Publicly funded litigation funds are self-sustained and offer litigants access to ongoing and
- [CRT Roundup—access to records, unauthorized expenditure, chargebacks, significant change in use and appearance of common property, repair and maintenance of common property](https://www.bcli.org/crt-roundup-access-to-records-unauthorized-expenditure-chargebacks-significant-change-in-use-and-appearance-of-common-property-repair-and-maintenance-of-common-property/) - This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been nine new decisions since the last post. Governance—access to records Mellor v The Owners, Strata Plan KAS 463, 2018 BCCRT 1, was a dispute “primarily about the owner’s access to strata records under sections 35 and 36 of the
- [Strata's sprinkler system found to be part of its "plumbing delivery and distribution system," allowing home warranty insurance claim to proceed](https://www.bcli.org/stratas-sprinkler-system-found-to-be-part-of-its-plumbing-delivery-and-distribution-system-allowing-home-warranty-insurance-claim-to-proceed/) - The Owners, Strata Plan 4249 v Travelers Insurance Company of Canada, 2018 BCSC 114, concerned interpretation of a home warranty insurance policy, provided under the Homeowner Protection Act, to a strata corporation. The words at issue in the case were found on the cover page of the home-warranty certificate. They read as follows: a) 15 Months
- [BC Supreme Court upholds civil resolution tribunal decision that strata's move-in fees were unreasonable and significantly unfair](https://www.bcli.org/bc-supreme-court-upholds-civil-resolution-tribunal-decision-that-stratas-move-in-fees-were-unreasonable-and-significantly-unfair/) - In an appeal from a decision of the civil resolution tribunal, the British Columbia Supreme Court has upheld the tribunal’s conclusion that “certain $100 moving fees charged by the Strata Corporation pursuant to its Bylaws 36 and 4(8) were not reasonable and were significantly unfair.” The supreme-court decision contains comments on: the standard of review for tribunal
- [CRT Roundup—strata fees, rental restrictions, bylaw enforcement, and nuisance](https://www.bcli.org/crt-roundup-strata-fees-rental-restrictions-bylaw-enforcement-and-nuisance/) - This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been eight new decisions since the last post. Governance—finances—strata fees—catch-up payment The Owners, Strata Plan NW 2729 v Haddow, 2018 BCCRT 37, was a dispute between “a 36-unit strata corporation located in Mission” and two strata-lot owners. The applicant strata
- [BC Supreme Court holds that strata-property nuisance dispute is within the Civil Resolution Tribunal's jurisdiction](https://www.bcli.org/bc-supreme-court-holds-that-strata-property-nuisance-dispute-is-within-the-civil-resolution-tribunals-jurisdiction/) - In a dispute that the court characterized as “extraordinarily heavy weather . . . made out of a common residential noise complaint,” the Supreme Court of British Columbia has dismissed an application under section 12.3 of the Civil Resolution Tribunal Act for an order that it wasn’t in the interests of justice and fairness that the Civil Resolution Tribunal
- [BC Supreme Court confirms resolution to wind up West End strata corporation](https://www.bcli.org/bc-supreme-court-confirms-resolution-to-wind-up-west-end-strata-corporation/) - In Re The Owners, Strata Plan VR2702, 2018 BCSC 390, the Supreme Court of British Columbia dealt with an application under section 278.1 of the Strata Property Act, confirming a winding-up resolution and appointing a liquidator. The case involved “a 26-year-old, seven-story concrete building containing 36 strata units, located . . . in the West End of Vancouver.”
- [Appeal of CRT decision will give BC Supreme Court opportunity to review the law on insurance deductibles and strata properties](https://www.bcli.org/appeal-of-crt-decision-will-give-bc-supreme-court-opportunity-to-review-the-law-on-insurance-deductibles-and-strata-properties/) - In The Owners, Strata Plan BCS 1589 v Nacht, 2018 BCSC 455, the Supreme Court of British Columbia has granted leave to appeal a decision of the Civil Resolution Tribunal in a case involving damage resulting from a water leak in a strata lot. The appeal will give the court the opportunity to review key questions
- [Spotlight on strata governance: Should section 8 of the standard bylaws be relocated to the act?](https://www.bcli.org/spotlight-on-strata-governance-should-section-8-of-the-standard-bylaws-be-relocated-to-the-act/) - BCLI is running a public consultation on governance issues for stratas. It is asking for public input into its proposed changes to the Strata Property Act, Strata Property Regulation, and Schedule of Standard Bylaws. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is
- [CRT Roundup—bylaw enforcement, limited common property, repairs and maintenance, and more](https://www.bcli.org/crt-roundup-bylaw-enforcement-limited-common-property-repairs-and-maintenance-and-more/) - This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 16 new decisions since the last post. Governance—bylaws—enforcement—disposal of owner’s property stored on limited common property In Figure Ski Enterprises Inc v The Owners, Strata Plan K 838, 2018 BCCRT 46, the applicant strata-lot owner claimed “the strata inappropriately
- [Spotlight on strata governance: Should the strata corporation’s lien be expanded to encompass fines?](https://www.bcli.org/spotlight-on-strata-governance-should-the-strata-corporations-lien-be-expanded-to-encompass-fines/) - BCLI is running a public consultation on governance issues for stratas. It is asking for public input into its proposed changes to the Strata Property Act, Strata Property Regulation, and Schedule of Standard Bylaws. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is
- [BC Supreme Court confirms Richmond strata’s winding-up resolution](https://www.bcli.org/bc-supreme-court-confirms-richmond-stratas-winding-up-resolution/) - Re Strata Plan NWS837, 2018 BCSC 564, is the latest in a stream of cases on terminating a strata property under the Strata Property Act’s new winding-up provisions. The case involved a strata “known informally as ‘Ascott Wynde,’ ” consisting of “102 strata lots and associated common property, which are contained primarily in two free-standing buildings located . . . in
- [Spotlight on strata governance: Should the Strata Property Act limit the number of proxy appointments that a person may hold?](https://www.bcli.org/spotlight-on-strata-governance-should-the-strata-property-act-limit-the-number-of-proxy-appointments-that-a-person-may-hold/) - BCLI is running a public consultation on governance issues for stratas. It is asking for public input into its proposed changes to the Strata Property Act, Strata Property Regulation, and Schedule of Standard Bylaws. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is
- [CRT Roundup—bylaw enforcement, pets, smoking, short-term accommodation, and more](https://www.bcli.org/crt-roundup-bylaw-enforcement-pets-smoking-short-term-accommodation-and-more/) - This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 18 new decisions since the last post. Bylaws—enforcement—discretion—conflict of interest In Curtain v The Owners, Strata Plan VIS 4673, 2018 BCCRT 100, the applicant strata-lot owner claimed that “the strata refuses to enforce its bylaws” and asked the tribunal
- [BC Court of Appeal allows strata-lot owners’ appeal, sets aside arbitration award due to reasonable apprehension of bias](https://www.bcli.org/bc-court-of-appeal-allows-strata-lot-owners-appeal-sets-aside-arbitration-award-due-to-reasonable-apprehension-of-bias/) - Hunt v The Owners, Strata Plan LMS 2556, 2018 BCCA 159, is the latest chapter in a long-running dispute that arose from a miscommunication over approval to install an air-conditioning unit on a limited-common-property balcony. Even though that miscommunication was corrected (there was no approval and, so, the HVAC unit was never installed), the owners
- [Building an Intergenerational Workplace and Avoiding Age Discrimination](https://www.bcli.org/building-an-intergenerational-workplace-and-avoiding-age-discrimination/) - “People don’t want to hire you. Because you are older they think you’re going to get sick and cost them money, or you are too old to learn new technologies. There is a lot of ageism.”1 Older Women’s Dialogue Project Consultation participant I imagine we have all heard the expression: You can’t teach an old
- [Spotlight on strata governance: Should the Strata Property Act provide default rules of order for general meetings?](https://www.bcli.org/spotlight-on-strata-governance-should-the-strata-property-act-provide-default-rules-of-order-for-general-meetings/) - BCLI is running a public consultation on governance issues for stratas. It is asking for public input into its proposed changes to the Strata Property Act, Strata Property Regulation, and Schedule of Standard Bylaws. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is
- [IRPP Provides Interpretations for Canadian MAiD Legislation](https://www.bcli.org/irpp-provides-interpretations-for-canadian-maid-legislation/) - On March 1st, 2018, the Institute for Research on Public Policy (IRPP) released its report titled Interpreting Canada’s Medical Assistance in Dying Legislation (the Report). The Report aims to clarify the current confusion surrounding the application of the criminal law related to medical assistance in dying (MAiD), in particular to help explain the eligibility criteria
- [Installation of air conditioner on patio was an alteration of common property requiring strata corporation’s approval](https://www.bcli.org/installation-of-air-conditioner-on-patio-was-an-alteration-of-common-property-requiring-strata-corporations-approval/) - In Allwest International Equipment Sales Co Ltd v The Owners, Strata Plan LMS4591, 2018 BCCA 187, the BC Court of Appeal dismissed an appeal from a decision of a chambers judge, holding that a strata-lot owner had breached a strata corporation’s bylaws in installing an air conditioner without the consent of the strata corporation. As
- [Strata-lot occupant found not to be a tenant and to be ineligible for strata council](https://www.bcli.org/strata-lot-occupant-found-not-to-be-a-tenant-and-to-be-ineligible-for-strata-council/) - Jay v The Owners Strata Plan NW 3353, 2018 BCSC 780, concerned “an application to seek a determination of whether [the petitioner] is a tenant or is otherwise eligible to be an elected member of the Strata Council.” The case turned on whether the petitioner “is a tenant under the Strata Property Act, S.B.C. 1998, c. 43
- [Spotlight on strata governance: Should the order of agenda items for annual and special general meetings be amended?](https://www.bcli.org/spotlight-on-strata-governance-should-the-order-of-agenda-items-for-annual-and-special-general-meetings-be-amended/) - BCLI is running a public consultation on governance issues for stratas. It is asking for public input into its proposed changes to the Strata Property Act, Strata Property Regulation, and Schedule of Standard Bylaws. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is
- [National Dementia Conference 2018: A word from CCEL Staff Lawyer, Valerie Le Blanc](https://www.bcli.org/national-dementia-conference-2018-a-word-from-ccel-staff-lawyer-valerie-le-blanc/) - On May 14–15, 2018, the Public Health Agency of Canada brought together approximately 190 stakeholders from across Canada to participate in a two-day National Dementia Conference: Informing and Inspiring a National Dementia Strategy in Ottawa, Ontario. Hosted by the Honourable Ginette Petitpas Taylor, Minister of Health, the conference fulfills one of the two key components of
- [OECD Policy Forum and Ministerial Meeting on Social Policy - An overview](https://www.bcli.org/oecd-policy-forum-and-ministerial-meeting-on-social-policy-an-overview/) - On May 14 -15, 2018 the Organization for Economic Co-operation and Development Policy Forum and Ministerial Meeting on Social Policy was held in Montreal, Quebec. This was the first time that the forum was held outside of Paris. Canada’s Minister of Families, Children and Social Development, Jean-Yves Duclos co-hosted the event with OECD Secretary General Angel
- [CRT Roundup—finances, bylaw enforcement, governance, and more](https://www.bcli.org/crt-roundup-finances-bylaw-enforcement-governance-and-more/) - This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 29 new decisions since the last post. Sections and types—types—availability—geothermal heating Schultz v The Owners, Strata Plan KAS 3313, 2018 BCCRT 148, involved a dispute over “certain utility expenses [the applicant strata-lot owners] say they should not have to
- [Spotlight on strata governance: Should the Strata Property Regulation create a new maximum fine for contravention of a short-term accommodation bylaw?](https://www.bcli.org/spotlight-on-strata-governance-should-the-strata-property-regulation-create-a-new-maximum-fine-for-contravention-of-a-short-term-accommodation-bylaw/) - BCLI is running a public consultation on governance issues for stratas. It is asking for public input into its proposed changes to the Strata Property Act, Strata Property Regulation, and Schedule of Standard Bylaws. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is
- [CRT Roundup—governance, bylaws, finances, repairs, and more](https://www.bcli.org/crt-roundup-governance-bylaws-finances-repairs-and-more/) - This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 21 new decisions since the last post. Governance—bylaws—amendment—cost sharing C.2K Holdings Ltd v The Owners, Strata Plan K 577, 2018 BCCRT 236, was “a dispute about bylaw amendments and the division of certain common expenses.” The tribunal described the strata
- [Liquidator, not strata council, must apply to court for confirmation of appointment and vesting of strata property in winding-up: BC Court of Appeal](https://www.bcli.org/liquidator-not-strata-council-must-apply-to-court-for-confirmation-of-appointment-and-vesting-of-strata-property-in-winding-up-bc-court-of-appeal/) - In The Owners, Strata Plan VR2122 v Bradbury, 2018 BCCA 280, the BC Court of Appeal weighed in on some of the procedural requirements to wind up a strata property under part 16 of the Strata Property Act. The case was an appeal of a decision from late 2017, in which the BC Supreme Court confirmed
- [Case Comment: Ontario Human Rights Tribunal Makes Finding Re Age Discrimination in Benefits](https://www.bcli.org/case-comment-ontario-human-rights-tribunal-makes-finding-re-age-discrimination-in-benefits/) - On May 18th, 2018, the Human Rights Tribunal of Ontario issued an important decision in the case of Talos v. Grand Erie District School Board. The Tribunal found that terminating an employee’s health, dental and insurance benefits at age 65 is unconstitutional. This blog summarizes the case and discusses its significance. Summary of the Case
- [BC Court of Appeal affirms decision on dedication of strata corporation’s common property as a highway](https://www.bcli.org/bc-court-of-appeal-affirms-decision-on-dedication-of-strata-corporations-common-property-as-a-highway/) - The Court of Appeal for British Columbia has dismissed an appeal of a decision of a chambers judge, which had held that a disposition of a strata corporation’s common property for use as a highway was required to comply with a subdivision provisions found in part 7 of the Land Title Act. Significantly, meeting these requirements
- [Strata Property Regulation amended to increase fines for breaches of short-term accommodation bylaws](https://www.bcli.org/strata-property-regulation-amended-to-increase-fines-for-breaches-of-short-term-accommodation-bylaws/) - The ministry of municipal affairs and housing has announced today that the Strata Property Regulation has been amended to increase the maximum fines that may be applied to a breach of a strata corporation’s short-term accommodation bylaws. The amended regulation (PDF) will set the maximum fine at “$1 000 for each contravention” of “a bylaw that prohibits
- [CRT Roundup—unit entitlement, expense allocation, bylaw enforcement, and more](https://www.bcli.org/crt-roundup-unit-entitlement-expense-allocation-bylaw-enforcement-and-more/) - This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 15 new decisions since the last post. Fundamental changes—changes to strata lot—amending Schedule of Unit Entitlement—loft—bylaws—enforcement—validity—significant unfairness Hassan v The Owners, Strata Plan LMS 2854, 2018 BCCRT 303, featured a dispute that came about due to alterations to a
- [Strata corporation’s bylaws, lien against strata lot set aside due to failure to give notice of meetings and to accept proxy appointment](https://www.bcli.org/strata-corporations-bylaws-lien-against-strata-lot-set-aside-due-to-failure-to-give-notice-of-meetings-and-to-accept-proxy-appointment/) - The Owners, Strata Plan NW499 v Kirk, 2018 BCSC 1249, is the latest chapter in a long-running dispute between a White Rock strata corporation and one of its residents, the beneficial owner of a strata lot. In a decision issued late in 2016, the BC Court of Appeal allowed the owner’s appeal on the issue
- [Federal government appeals decision striking down limits on charities’ political activities, promises new legislation in the fall](https://www.bcli.org/federal-government-appeals-decision-striking-down-limits-on-charities-political-activities-promises-new-legislation-in-the-fall/) - In a decision handed down last month, Canada Without Poverty v Canada (AG), 2018 ONSC 4147, the Ontario Superior Court of Justice struck provisions of the Income Tax Act which “define the extent to which a registered charity may devote its resources to ‘political activities.’ ”Specifically, the court held that limits on charities’ political activities were unenforceable, while
- [BC Supreme Court varies CRT order in long-running dispute over maintenance for a strata duplex](https://www.bcli.org/bc-supreme-court-varies-crt-order-in-long-running-dispute-over-maintenance-for-a-strata-duplex/) - McKnight v Bourque, 2018 BCSC 1342, was an appeal from a decision of the Civil Resolution Tribunal in “a strata dispute involving the owners of a waterfront duplex in Sooke.” The BC Supreme Court’s decision was the latest chapter in a long-running dispute over maintenance involving decisions of the court and the tribunal (see previous summaries
- [Final Thoughts and Farewell](https://www.bcli.org/final-thoughts-and-farewell/) - Today is the last day of my work term with the BCLI and the CCEL. As I wrap up my last few assignments, I take a moment to reflect on the last four months. My time at the BCLI/CCEL was a well-rounded learning experience. I engaged in varied work throughout my term. I got a
- [CRT Roundup—bylaws, finances, meetings, and more](https://www.bcli.org/crt-roundup-bylaws-finances-meetings-and-more/) - This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 31 new decisions since the last post. Governance—bylaws—adoption—reconsideration—strata council—election—enforcement of bylaws—short-term accommodation Howe-Smith v The Owners, Strata Plan KAS 1201, 2018 BCCRT 348, concerned a dispute over the validity of bylaws and short-term accommodation in a bare-land strata:
- [Strata corporation held responsible to replace common-property drainage pipes servicing restaurant](https://www.bcli.org/strata-corporation-held-responsible-to-replace-common-property-drainage-pipes-servicing-restaurant/) - The Owners, Strata Plan LMS 1162 v Triple P Enterprises Ltd, 2018 BCSC 1502, was a dispute “over the allocation of responsibility for repairing or replacing drainage pipes that the parties agree are common property.” In it, the “strata corporation seeks orders, pursuant to s. 173(1) of the Strata Property Act, S.B.C. 1998, c. 43, requiring Triple
- [Spotlight on strata insurance: Should the Strata Property Act require strata corporations to obtain directors-and-officers insurance?](https://www.bcli.org/spotlight-on-strata-insurance-should-the-strata-property-act-require-strata-corporations-to-obtain-directors-and-officers-insurance/) - BCLI is running a public consultation on insurance issues for stratas. It is asking for public input into its proposed changes to the Strata Property Act , Strata Property Regulation , and Schedule of Standard Bylaws. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This
- [Adjustment to strata fees “paid in the period between the end of a fiscal year and the passing of the budget for the next fiscal year, is not a retroactive charge”: BC Supreme Court](https://www.bcli.org/adjustment-to-strata-fees-paid-in-the-period-between-the-end-of-a-fiscal-year-and-the-passing-of-the-budget-for-the-next-fiscal-year-is-not-a-retroactive-charge-bc-supreme-court/) - In 625536 B.C. Ltd v The Owners, Strata Plan LMS4385, 2018 BCSC 1637, the Supreme Court of British Columbia took on the issue of whether an “adjustment” to strata fees to bring them into line with amounts approved in a budget passed after a strata corporation’s fiscal year end is a valid practice. The issue
- [Spotlight on strata insurance: Should the Strata Property Act expressly assign responsibility for an insurance deductible to a responsible owner?](https://www.bcli.org/spotlight-on-strata-insurance-should-the-strata-property-act-expressly-assign-responsibility-for-an-insurance-deductible-to-a-responsible-owner/) - BCLI is running a public consultation on insurance issues for stratas. It is asking for public input into its proposed changes to the Strata Property Act , Strata Property Regulation , and Schedule of Standard Bylaws. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This
- [Court orders that temporarily deprive owners of voting rights can be reconciled with democratic governance of a strata corporation: BC Supreme Court](https://www.bcli.org/court-orders-that-temporarily-deprive-owners-of-voting-rights-can-be-reconciled-with-democratic-governance-of-a-strata-corporation-bc-supreme-court/) - Norenger Development (Canada) Inc v Strata Plan NW 3271, 2018 BCSC 1690, is the latest proceeding in a long-running dispute between the sections of “a two-building condominium development known as the Richmond Landmark,” which has already featured notable decisions from the BC Supreme Court and BC Court of Appeal. These two decisions had some interesting things
- [Court finds that strata corporation’s decision to share expenses based on unit entitlement was significantly unfair to owner](https://www.bcli.org/court-finds-that-strata-corporations-decision-to-share-expenses-based-on-unit-entitlement-was-significantly-unfair-to-owner/) - In King Day Holdings Ltd v The Owners, Strata Plan LMS3851, 2018 BCSC 1772, the BC Supreme Court considered a petitioner’s request for “a declaration that the strata fees [and special levies] levied against it by the respondent strata corporation constitute a significantly unfair action and seeks relief under s. 164.” The court sided with the
- [BC Supreme Court directs an assessment of strata corporation’s reasonable legal costs for remedying a contravention of its age bylaw](https://www.bcli.org/bc-supreme-court-directs-an-assessment-of-strata-corporations-reasonable-legal-costs-for-remedying-a-contravention-of-its-age-bylaw/) - In The Owners, Strata Plan NWS3075 v Stevens, 2018 BCSC 1784, the BC Supreme Court considered a strata corporation’s request for an order that the respondent strata-lot owner “pay its actual legal fees, other fees and disbursements pursuant to s. 133 of the Strata Property Act.” Section 133 allows a strata corporation to “do what is reasonably
- [Western Australia passes reforms to its strata-property legislation](https://www.bcli.org/western-australia-passes-reforms-to-its-strata-property-legislation/) - The Government of Western Australia and Landgate have announced the passage of new strata-property legislation for the Australian state. The Strata Titles Amendment Bill 2018 (PDF) is the culmination of a lengthy reform process spearheaded by Landgate (Western Australia's land-title authority). The bill’s explanatory memorandum (PDF) spells out the range of this legislation, which addresses an array
- [Spotlight on strata insurance: Should the Strata Property Act require a strata corporation to inform the owners and tenants as soon as feasible of any material change in insurance coverage?](https://www.bcli.org/spotlight-on-strata-insurance-should-the-strata-property-act-require-a-strata-corporation-to-inform-the-owners-and-tenants-as-soon-as-feasible-of-any-material-change-in-insurance-coverage/) - BCLI is running a public consultation on insurance issues for stratas. It is asking for public input into its proposed changes to the Strata Property Act , Strata Property Regulation , and Schedule of Standard Bylaws. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This
- [Using strata lot for short-term accommodation wasn’t a breach of strata’s residential-use, rental bylaws: BC Supreme Court](https://www.bcli.org/using-strata-lot-for-short-term-accommodation-wasnt-a-breach-of-stratas-residential-use-rental-bylaws-bc-supreme-court/) - In Semmler v The Owners, Strata Plan NES3039, 2018 BCSC 2064, the Supreme Court of British Columbia found that a strata-lot owner’s use of her strata lot for short-term accommodation didn’t violate two strata-corporation bylaws, one of which forbade the use of a strata lot for “any business purpose” and the other of which stated
- [2018 American Bar Association National Aging and Law Conference: A word from CCEL Staff Lawyer](https://www.bcli.org/2018-american-bar-association-national-aging-and-law-conference-a-word-from-ccel-staff-lawyer/) - On October 24–26, 2018, CCEL staff lawyer, Valerie Le Blanc, attended the American Bar Association’s annual National Aging and Law Conference in Alexandria, Virginia. The theme of this year’s conference was Advocating for Aging with Dignity, with 30 workshops on a range of topics, and four plenary sessions “focused on how to put theories into
- [Spotlight on common property, land titles, and fundamental changes for stratas: Should the Strata Property Act provide a lease of a fixture that is common property or of a common asset entered into by the owner-developer may not exceed five years?](https://www.bcli.org/spotlight-on-common-property-land-titles-and-fundamental-changes-for-stratas-should-the-strata-property-act-provide-a-lease-of-a-fixture-that-is-common-property-or-of-a-common-asset-entered-into-by/) - BCLI is running a public consultation (closing date: 28 February 2019) on common property, land titles, and fundamental changes for stratas. It is asking for public input into its proposed changes to the Strata Property Act and Strata Property Regulation. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase
- [Spotlight on common property, land titles, and fundamental changes for stratas: Should the Strata Property Act expressly require a strata plan to include a depiction of common property?](https://www.bcli.org/spotlight-on-common-property-land-titles-and-fundamental-changes-for-stratas-should-the-strata-property-act-expressly-require-a-strata-plan-to-include-a-depiction-of-common-property/) - BCLI is running a public consultation (closing date: 28 February 2019) on common property, land titles, and fundamental changes for stratas. It is asking for public input into its proposed changes to the Strata Property Act and Strata Property Regulation. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase
- [A closer look at the Report on Governance Issues for Stratas: If a court or the Civil Resolution Tribunal finds that a charge back for an insurance deductible or expenses incurred due to damage which are less than an insurance deductible is valid, then should the Strata Property Act enable a strata corporation to register a lien on an owner’s strata lot for amounts owing with respect that charge back?](https://www.bcli.org/a-closer-look-at-the-report-on-governance-issues-for-stratas-if-a-court-or-the-civil-resolution-tribunal-finds-that-a-charge-back-for-an-insurance-deductible-or-expenses-incurred-due-to-damage-which/) - This post is the part of a series highlighting key recommendations in the Report on Governance Issues for Stratas. For other entries in the series, click here. Brief description of the issue This issue for reform represents an attempt to respond to enforcement concerns by giving a limited expansion of the range of the strata
- [Spotlight on common property, land titles, and fundamental changes for stratas: Should the Strata Property Act require a resolution passed by an 80-percent vote to approve an amalgamation agreement?](https://www.bcli.org/spotlight-on-common-property-land-titles-and-fundamental-changes-for-stratas-should-the-strata-property-act-require-a-resolution-passed-by-an-80-percent-vote-to-approve-an-amalgamation-agreement/) - BCLI is running a public consultation (closing date: 28 February 2019) on common property, land titles, and fundamental changes for stratas. It is asking for public input into its proposed changes to the Strata Property Act and Strata Property Regulation. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase
- [A closer look at the Report on Governance Issues for Stratas: Should the Strata Property Act limit the number of proxy appointments that a person may hold?](https://www.bcli.org/a-closer-look-at-the-report-on-governance-issues-for-stratas-should-the-strata-property-act-limit-the-number-of-proxy-appointments-that-a-person-may-hold/) - This post is the part of a series highlighting key recommendations in the Report on Governance Issues for Stratas. For other entries in the series, click here. Brief description of the issue One of the perennial complaints about strata-property proxy legislation is that it has encouraged what one law-reform body colourfully referred to as “proxy
- [BC introduces amendments to consumer-protection legislation](https://www.bcli.org/bc-introduces-amendments-to-consumer-protection-legislation/) - Yesterday, a new bill was introduced in the Legislative Assembly of British Columbia containing significant amendments to BC’s main consumer-protection statute, the Business Practices and Consumer Protection Act. Bill 7, the Business Practices and Consumer Protection Amendment Act, 2019, adds a new part to the act to deal with high-cost credit products. The bill will also establish
- [A closer look at the Report on Governance Issues for Stratas: Should the Strata Property Act establish statutory qualifications for council members?](https://www.bcli.org/a-closer-look-at-the-report-on-governance-issues-for-stratas-should-the-strata-property-act-establish-statutory-qualifications-for-council-members/) - This post is the part of a series highlighting key recommendations in the Report on Governance Issues for Stratas. For other entries in the series, click here. Brief description of the issue The Strata Property Act’s provision on “eligibility for council” only limits strata-council members to “(a) owners; (b) individuals representing corporate owners; [and] (c) tenants
- [Strata Property Regulation amendment clarifies deposit-insurance requirements](https://www.bcli.org/strata-property-regulation-amendment-clarifies-deposit-insurance-requirements/) - Yesterday, amendments to the Strata Property Regulation were announced that deal with deposit insurance for strata-corporation funds. OIC 101/2019 provides for an amendment to the definition section of the regulation (section 1.1), defining the term insured account for the purposes of the Strata Property Act to mean “an account with a deposit, all or part
- [A closer look at the Report on Governance Issues for Stratas: Should the order of agenda items for annual and special general meetings be amended?](https://www.bcli.org/a-closer-look-at-the-report-on-governance-issues-for-stratas-should-the-order-of-agenda-items-for-annual-and-special-general-meetings-be-amended/) - This post is the part of a series highlighting key recommendations in the Report on Governance Issues for Stratas. For other entries in the series, click here. Brief description of the issue Section 28 of the Schedule of Standard Bylaws provides that the “order of business at annual and special general meetings” of the strata corporation
- [A closer look at the Report on Insurance Issues for Stratas: Should the Strata Property Act require strata corporations to obtain directors-and-officers insurance?](https://www.bcli.org/a-closer-look-at-the-report-on-insurance-issues-for-stratas-should-the-strata-property-act-require-strata-corporations-to-obtain-directors-and-officers-insurance/) - This post is part of a series highlighting key recommendations in the Report on Insurance Issues for Stratas. For other entries in the series, click here. Brief description of the issue In the strata-property field, directors-and-officers insurance is “[i]nsurance that provides coverage for members of [strata councils] against ‘wrongful acts,’ which might include actual or
- [A closer look at the Report on Governance Issues for Stratas: Should the Strata Property Act provide strata corporations with a limitation period that is longer than the basic limitation period of two years in which to enforce claims for money owing from a strata-lot owner to the strata corporation?](https://www.bcli.org/a-closer-look-at-the-report-on-governance-issues-for-stratas-should-the-strata-property-act-provide-strata-corporations-with-a-limitation-period-that-is-longer-than-the-basic-limitation-period-of-two/) - This post is the part of a series highlighting key recommendations in the Report on Governance Issues for Stratas. For other entries in the series, click here. Brief description of the issue British Columbia’s limitation law was recently overhauled, with a new Limitation Act coming into force on 1 June 2013. The effect of this change
- [Factors Contributing to Poverty and Vulnerability among Senior Women](https://www.bcli.org/factors-contributing-to-poverty-and-vulnerability-among-senior-women/) - In December 2018 the House of Commons Standing Committee on the Status of Women began a study of challenges facing senior women, with a focus on poverty and vulnerability. The Committee invited members of the public to submit two-page written briefs identifying concerns related to transportation, access to health services and medication, the cost of
- [A closer look at the Report on Insurance Issues for Stratas: Should the definition of “major perils” in the Strata Property Regulation be amended to include earthquakes?](https://www.bcli.org/a-closer-look-at-the-report-on-insurance-issues-for-stratas-should-the-definition-of-major-perils-in-the-strata-property-regulation-be-amended-to-include-earthquakes/) - This post is part of a series highlighting key recommendations in the Report on Insurance Issues for Stratas. For other entries in the series, click here. Brief description of the issue The legislative mandate to insure property requires a strata corporation to “insure against major perils, as set out in the regulations.” The regulations contain a
- [A closer look at the Report on Insurance Issues for Stratas: Should the Strata Property Act expressly assign responsibility for an insurance deductible to a responsible owner?](https://www.bcli.org/a-closer-look-at-the-report-on-insurance-issues-for-stratas-should-the-strata-property-act-expressly-assign-responsibility-for-an-insurance-deductible-to-a-responsible-owner/) - This post is part of a series highlighting key recommendations in the Report on Insurance Issues for Stratas. For other entries in the series, click here. Brief description of the issue The Strata Property Act’s provisions on insurance deductibles have created uncertainty and litigation. In part, this is the natural result of a system that appears
- [A closer look at the Report on Insurance Issues for Stratas: Should the Strata Property Act require strata-lot owners to have insurance that covers payment of a deductible under a strata-corporation policy?](https://www.bcli.org/a-closer-look-at-the-report-on-insurance-issues-for-stratas-should-the-strata-property-act-require-strata-lot-owners-to-have-insurance-that-covers-payment-of-a-deductible-under-a-strata-corporation-p/) - This post is part of a series highlighting key recommendations in the Report on Insurance Issues for Stratas. For other entries in the series, click here. Brief description of the issue There are real concerns that rising insurance deductibles could harm strata-lot owners. This potential for harm might even be exacerbated by the previous recommendation.
- [OBSI and the Legal System](https://www.bcli.org/obsi-and-the-legal-system/) - From time to time seniors have disputes with their financial service providers. When the problem cannot be fixed through the firm’s complaint process, one alternative to taking legal action may be to take the concern to OBSI (The Ombudsman for Banking Services and Investments). This summary explains what OBSI does and how it differs from a
- [New Accessing Law and Justice Project Aims to Redefine the Practice and Delivery of Legal Services in Quebec](https://www.bcli.org/new-accessing-law-and-justice-project-aims-to-redefine-the-practice-and-delivery-of-legal-services-in-quebec/) - The Quebec Accessing Law and Justice Project (ADAJ) has launched a new project, known as Hub23, to develop innovative practice and billing models for legal services in the province. Led by ADAJ founder, Professor Pierre Noreau (l'Université de Montréal), and Julie Paquin, associate professor (University of Ottawa’s civil law section), the Hub23 project aims to
- [BC Court of Appeal remits matter of spouse’s entitlement to pension’s survivorship benefits back to trial judge](https://www.bcli.org/bc-court-of-appeal-remits-matter-of-spouses-entitlement-to-pensions-survivorship-benefits-back-to-trial-judge/) - In a decision released last week, the Court of Appeal for British Columbia held that an earlier decision of the Supreme Court for British Columbia had failed to consider statutory and case authority in deciding not to reopen a family-law proceeding that had purported to establish separating spouses’ entitlement to pension benefits. The court remitted
- [Valerie Le Blanc Gives Keynote Address at Inter-Cultural Association of Greater Victoria Event](https://www.bcli.org/valerie-leblanc-gives-keynote-address-at-inter-cultural-association-of-greater-victoria-event/) - On June 13th CCEL Staff lawyer Valerie Le Blanc gave the keynote address to the Inter-Cultural Association of Greater Victoria’s event to launch their project on the value of aging across cultures. Below is her keynote address. Keynote Address With the Canadian Centre for Elder Law, a good amount of my time is spent
- [Elder Abuse Response Presentation at the Canadian Elder Law Conference:  Interview with Laura Tamblyn Watts](https://www.bcli.org/elder-abuse-response-presentation-at-the-canadian-elder-law-conference-interview-with-laura-tamblyn-watts/) - This post is part of a series highlighting key themes and presenters from the 2019 Elder Law Conference. To see the other posts in the series, click here Introduction We are so excited that Laura Tamblyn Watts, the Chief Public Policy Officer at CARP (Canadian Association for Retired Persons), will be presenting at the 2019 Canadian Elder Law Conference. CARP will
- [A closer look at the Report on Common Property, Land Titles, and Fundamental Changes for Stratas: Should the Strata Property Act provide that a lease of a fixture that is common property or of a common asset entered into by the owner-developer may not exceed five years?](https://www.bcli.org/a-closer-look-at-the-report-on-common-property-land-titles-and-fundamental-changes-for-stratas-should-the-strata-property-act-provide-that-a-lease-of-a-fixture-that-is-common-property-or-of-a-commo/) - This post is the first of a series highlighting key recommendations in the Report on Common Property, Land Titles, and Fundamental Changes for Stratas. For other entries in the series, click here. Brief description of the issue Despite general provisions imposing duties and restrictions on owner-developers, there are still specific concerns about transactions involving common property.
- [Consent to Care Facility Admission Provisions to be brought into Force](https://www.bcli.org/consent-to-care-facility-admission-provisions-to-be-brought-into-force/) - On June 3, 2019, the BC provincial government signed an order of the Lieutenant Governor in Council declaring that Part 3 of the Health Care (Consent) and Care Facility (Admission) Act (HCCCFAA) will be brought into force on November 4, 2019. This means BC will finally have legislation governing admission to long-term care facilities and
- [Elder Mediation Workshop at the Canadian Elder Law Conference:  Interview with Joan Braun](https://www.bcli.org/elder-mediation-workshop-at-the-canadian-elder-law-conference-interview-with-joan-braun/) - This post is part of a series highlighting key themes and presenters from the 2019 Elder Law Conference. To see the other posts in the series, click here Introduction Joan Braun and Vivian Kerenyi will be hosting an Elder Mediation workshop during the 2019 Canadian Elder Law Conference. In this blog post, we share an interview with Joan on her research,
- [Analysis of the BC Safe Care Act Bill](https://www.bcli.org/analysis-of-the-bc-safe-care-act-bill/) - Overview In BC, there is currently a private member’s bill, the Safe Care Act, 2019, in the legislature which proposes to create a form of secure care for children and youth who are experiencing substance use or are being sexually exploited. This bill would allow for the child to be apprehended pending a hearing on
- [A closer look at the Report on Common Property, Land Titles, and Fundamental Changes for Stratas: Should all strata plans require the approval of an approving officer?](https://www.bcli.org/a-closer-look-at-the-report-on-common-property-land-titles-and-fundamental-changes-for-stratas-should-all-strata-plans-require-the-approval-of-an-approving-officer/) - This post is the part of a series highlighting key recommendations in the Report on Common Property, Land Titles, and Fundamental Changes for Stratas. For other entries in the series, click here. Brief description of the issue Even though the deposit of a strata plan is considered to be a subdivision of land, the Strata
- [IIROC 2019 Policy Priority Updates and Vulnerable Investors](https://www.bcli.org/iiroc-2019-policy-priority-updates-and-vulnerable-investors/) - This post was co-authored by Valerie Le Blanc and Kristen Weedmark On April 9, 2019, the Investment Industry Regulatory Organization of Canada (IIROC) released the Policy Priorities—Update Report. The report outlines the policy priorities that IIROC anticipates implementing or publishing for comment over the next 12 months. The policy updates include: Guidance clarifying the
- [Results of IIROC National Survey Calls for More Protection for Vulnerable Investors](https://www.bcli.org/results-of-iiroc-national-survey-calls-for-more-protection-for-vulnerable-investors/) - On June 21, 2019, the Investment Industry Regulatory Organization of Canada (IIROC) published the results of its national survey, Awareness and Attitudes Related to Provisions to Protect Vulnerable Investors and Investment Firms/Advisors: Presentation of Key Findings. Survey data gathered between March 7th and 14th, 2019 from 1,000 Canadian investors covered a range of topics including
- [First Canadian Seniors’ Complaints Report: OBSI](https://www.bcli.org/first-canadian-seniors-complaints-report-obsi/) - On July 18, 2019, the Ombudsman for Banking Services and Investments (OBSI) issued its first 2019 Seniors Report. Survey data gathered between 2017 and 2018 from over 1,400 case files highlights some of the unique challenges faced by seniors when accessing financial services and products. According to its news release, “Older Canadians experience different challenges
- [A closer look at the Report on Common Property, Land Titles, and Fundamental Changes for Stratas: Should the Strata Property Act continue to require a resolution passed by a unanimous vote to authorize changing the basis on which a strata lot’s share of the contribution to the strata’s operating fund and contingency reserve fund is calculated?](https://www.bcli.org/a-closer-look-at-the-report-on-common-property-land-titles-and-fundamental-changes-for-stratas-should-the-strata-property-act-continue-to-require-a-resolution-passed-by-a-unanimous-vote-to-authoriz/) - This post is part of a series highlighting key recommendations in the Report on Common Property, Land Titles, and Fundamental Changes for Stratas. For other entries in the series, click here. Brief description of the issue The general rule for strata corporations is to calculate a strata lot’s share of the contribution to a strata’s operating
- [An Overview of the National Dementia Strategy](https://www.bcli.org/an-overview-of-the-national-dementia-strategy/) - Introduction On June 17, 2019, the Government of Canada released A Dementia Strategy for Canada: Together we Aspire [National Dementia Strategy]. This strategy was created following several steps: In November 2016, the Senate of Canada released a report on dementia in Canada; In 2017, Parliament passed the National Strategy for Alzheimer’s Disease and Other Dementias
- [Elder Abuse Remedies Presentation at the Canadian Elder Law Conference: Interview with Kimberly A. Whaley](https://www.bcli.org/elder-abuse-remedies-presentation-at-the-canadian-elder-law-conference-interview-with-kimberly-a-whaley/) - This post is part of a series highlighting key themes and presenters from the 2019 Elder Law Conference. To see the other posts in the series, click here Introduction We are excited that Kimberly A. Whaley, founding partner at Whaley Estate Litigation Partners, will be presenting at the 2019 Canadian Elder Law Conference. In this blog post, we share an interview with
- [The Inter-generational Workplace Presentation at the 2019 Canadian Elder Law Conference: Interview with Kirsten Hume Scrimshaw](https://www.bcli.org/the-inter-generational-workplace-presentation-at-the-2019-canadian-elder-law-conference-interview-with-kirsten-hume-scrimshaw/) - This post is part of a series highlighting key themes and presenters from the 2019 Elder Law Conference. To see the other posts in the series, click here We are grateful to you for putting together the panel on age discrimination. Can you describe your panel on the inter-generational workplace? Our panel includes lawyers with experience to provide both employee and
- [Elder Law Toolkit Presentation at the Canadian Elder Law Conference: Interview with Kevin R. Smith](https://www.bcli.org/elder-law-toolkit-presentation-at-the-canadian-elder-law-conference-interview-with-kevin-r-smith/) - This post is part of a series highlighting key themes and presenters from the 2019 Elder Law Conference. To see the other posts in the series, click here Introduction We are pleased that Kevin R. Smith will be presenting at the 2019 Canadian Elder Law Conference. Kevin has an LLM in Elder Law, and is currently an elder law consultant in
- [BC ministry of social development and poverty reduction launches consultation on accessibility through legislation](https://www.bcli.org/bc-ministry-of-social-development-and-poverty-reduction-launches-consultation-on-accessibility-through-legislation/) - The ministry of social development and poverty reduction has just opened a consultation on proposed legislation to enhance accessibility for people with disabilities. According to the ministry’s news release, the consultation will “help define future legislation that will make B.C. a more accessible and inclusive province.” Concurrent with the opening of the consultation, the ministry
- [Interview with British Columbia Securities Commission:  Gold Level Sponsor of the 2019 Canadian Elder Law Conference](https://www.bcli.org/interview-with-british-columbia-securities-commission-gold-level-sponsor-of-the-2019-canadian-elder-law-conference/) - This post is part of a series highlighting key themes and presenters from the 2019 Elder Law Conference. To see the other posts in the series, click here Introduction We are pleased to announce that the British Columbia Securities Commission is a Gold Level Sponsor of the 2019 Canadian Elder Law Conference. The British Columbia Securities Commission is responsible for regulating
- [Upcoming Reforms to Assisted Living Regulation in BC](https://www.bcli.org/upcoming-reforms-to-assisted-living-regulation-in-bc/) - Introduction to the new Assisted Living Regulations On August 21st the BC government announced it will bring into effect changes to the Community Care and Assisted Living Act [CCALA] and a new Assisted Living Regulation into force. These changes are set to take effect on December 1st, 2019. Bill 16 – 2016 and the new
- [Amendments to the Child, Family and Community Service Act introduced in the legislature](https://www.bcli.org/amendments-to-the-child-family-and-community-service-act-introduced-in-the-legislature/) - Earlier this week, a bill amending the Child, Family and Community Service Act was introduced in the Legislative Assembly of British Columbia. A government information bulletin issued to publicize the bill (Bill 35) called the changes “[m]inor amendments” that “would clarify the intention that Indigenous communities have the ability to plan for all their children
- [Ontario Law on Undue Influence in Estate Planning](https://www.bcli.org/undue-influence-in-estate-planning/) - Estate and Trust Consultant, Scotiatrust This post is part of a series highlighting key themes and presenters from the 2019 Elder Law Conference. To see the other posts in the series, click here Historically the area of estates was not particularly litigious, but as families and financial circumstances become more complex, litigation involving estates has become more frequent.
- [Federal Election 2019: Identifying the Seniors’ Policy Issues](https://www.bcli.org/federal-election-2019-identifying-the-seniors-policy-issues/) - Co-written with Lorraine Wong This year, Canada’s political parties have announced many policies on their platforms that are particularly relevant to seniors. Some issues, such as pensions, are more clearly seniors’ policy topics; other policies that do not directly target seniors could still have a significant impact on older people. For example, expenditures that
- [Difficulties Seniors Face with Financial Services](https://www.bcli.org/difficulties-seniors-face-with-financial-services/) - This post is part of a series highlighting key themes and presenters from the 2019 Elder Law Conference. To see the other posts in the series, click here Earlier this year OBSI released its first ever Seniors Report, documenting the experiences of seniors using its services. The national, not-for-profit organization collected demographic and case data for 2017 and 2018
- [Inclusive Investing and Financial Literacy](https://www.bcli.org/inclusive-investing-and-financial-literacy/) - This post can also be found on Inclusion BC's website. Inclusive Investing November is Financial Literacy Month and October is Registered Disability Savings Plan (RDSP) Month. Many of the financial institutions, investment regulators, community and other organizations committed to supporting financial literacy are publishing resources, tools, information, and workshops to help people learn more about how to manage
- [Elder Law Case Update at the Canadian Elder Law Conference: Interview with Emily Clough](https://www.bcli.org/elder-law-case-update-at-the-canadian-elder-law-conference-interview-with-emily-clough/) - This post is part of a series highlighting key themes and presenters from the 2019 Elder Law Conference. To see the other posts in the series, click here Introduction We are excited that Emily Clough will be presenting at the 2019 Canadian Elder Law Conference. Emily is a partner at Clark Wilson LLP, chair of the firm’s Elder Law group, and is
- [BC Supreme Court rules that ministry of attorney general must disclose information on funding of legal counsel for children to representative for children and youth](https://www.bcli.org/bc-supreme-court-rules-that-ministry-of-attorney-general-must-disclose-information-on-funding-of-legal-counsel-for-children-to-representative-for-children-and-youth/) - In a decision released earlier this week, the Supreme Court of British Columbia has decided that the BC Ministry of Attorney General must disclose certain records relating to the funding of legal counsel for children to the Representative for Children and Youth for British Columbia, providing an interpretation of the reach of the representative’s mandate
- [Court order fills in legislative gap, allows application for name change submitted on behalf of teenaged girl by Director (Child, Family and Community Service Act)](https://www.bcli.org/court-order-fills-in-legislative-gap-allows-application-for-name-change-submitted-on-behalf-of-teenaged-girl-by-director-child-family-and-community-service-act/) - The Supreme Court of British Columbia has relied on its little-used parens patriae (= “parent of the country”) power to fill a gap in the Name Act. The Director, Child, Family and Community Services Act v Registrar General of the Vital Statistics Agency of the Province of British Columbia, 2019 BCSC 1859, involved an application
- [British Columbia Public Guardian and Trustee: Gold Level Sponsor of the 2019 Canadian Elder Law Conference](https://www.bcli.org/british-columbia-public-guardian-and-trustee-gold-level-sponsor-of-the-2019-canadian-elder-law-conference/) - This post is part of a series highlighting key themes and presenters from the 2019 Elder Law Conference. To see the other posts in the series, click here. Introduction The British Columbia Public Guardian and Trustee is pleased to be a sponsor of the 2019 Canadian Elder Law Conference. In Services to Adults the Public Guardian and Trustee (PGT) protects the legal,
- [Access to Justice at the Canadian Elder Law Conference](https://www.bcli.org/access-to-justice-at-the-canadian-elder-law-conference/) - With Sara Pon, Legal Research Assistant Thank you to everyone who joined us last week for the 9th Canadian Elder Law Conference. It was a great turn out. Registrants came from as far away as Australia and Israel. Record numbers participated by webinar. Sponsorship allowed us to award registration bursaries to 21 people, including police
- [Attendance at the 2019 AGE-WELL and Canadian Association on Gerontology Conferences](https://www.bcli.org/attendance-at-the-2019-age-well-and-canadian-association-on-gerontology-conferences/) - Introduction In October I travelled to Moncton, New Brunswick for the 2019 AGE-WELL Annual Conference: Exploring the Future of Technology and Aging. This was followed by the 2019 Canadian Association on Gerontology (CAG) conference: Navigating the Tides of Aging Together. In this blog, I describe some of the highlights from the conferences. AGE-WELL Annual
- [Consent to Chemical Restraints in Long-Term Care](https://www.bcli.org/consent-to-chemical-restraints-in-long-term-care/) - Introduction This blog will outline the current laws on consent to chemical restraints in long-term care. Chemical restraints were addressed in the CCEL’s Conversations About Care: The Law and Practice of Health Care Consent for People Living with Dementia in British Columbia report published in 2019. This blog will describe what a chemical restraint is,
- [Seniors Advocate Report on Funding of Contracted Long-Term Care](https://www.bcli.org/seniors-advocate-report-on-funding-of-contracted-long-term-care/) - Introduction On February 4, 2020 the Office of the Seniors Advocate (OSA) released the report A Billion Reasons to Care: A Funding Review of Contracted Long-Term Care in B.C. This report examines the funding of contracted long-term care providers, both for-profit and non-profit. The OSA was concerned that the current funding model would create incentives
- [Health Care Consent with Physical Distancing: Understanding Decision-Making Rights in Canada](https://www.bcli.org/health-care-consent-with-physical-distancing-understanding-decision-making-rights-in-canada/) - Most of us consult with people we trust in order to make the best decisions we can for ourselves. We talk about our concerns with family and close friends. We seek additional expert opinions. However, for many people with disabilities, the support of trusted allies is not just helpful—it may be integral to exercising legally protected health care decision-making rights.
- [Long-Term Care reform in Canada  - Resource Round-up](https://www.bcli.org/long-term-care-reform-in-canada-resource-round-up/) - Introduction The hardest hit population from COVID-19 has been older adults living in long-term care. This has led to great media attention on long-term care. Issues receiving media attention include the low staffing levels, poor compensation for health care workers, and issues monitoring quality of care. However, these issues are not occurring only because of
- [British Columbia amends the Strata Property Act to tackle insurance concerns](https://www.bcli.org/british-columbia-amends-the-strata-property-act-to-tackle-insurance-concerns/) - With a bill introduced in the legislative assembly earlier this week, the British Columbia government is proposing amendments to the Strata Property Act to address concerns over the cost and availability of insurance for strata corporations. Bill 14 proposes a series of amendments that touch on depreciation reports, disclosure, the scope of mandated insurance coverage,
- [Parentage Law Reform Project Committee completes review of court orders declaring parentage at October 2021 meeting](https://www.bcli.org/parentage-law-reform-project-committee-completes-review-of-court-orders-declaring-parentage-at-october-2021-meeting/) - At this month’s meeting of BCLI’s parentage committee, the committee completed its review of section 31 of the Family Law Act. This section deals with the powers of the BC Supreme Court to make an order declaring that a person is or is not a child’s parent. In its review, the committee considered several improvements to
- [Manitoba introduces new parentage legislation](https://www.bcli.org/manitoba-introduces-new-parentage-legislation/) - A bill has just been introduced in the Legislative Assembly of Manitoba which will “replace” the province’s current parentage legislation and “establish new rules respecting the parentage of children conceived through assisted reproduction, including where a surrogate is used.” The provisions of the Manitoba bill most closely resemble those found in Saskatchewan’s parentage legislation, which was enacted in 2020
- [Notice and best interests of the child considered at November 2021 Parentage Law Reform Project Committee Meeting](https://www.bcli.org/notice-and-best-interests-of-the-child-considered-at-november-2021-parentage-law-reform-project-committee-meeting/) - At the latest monthly meeting of BCLI’s committee considering reforms to part 3 of the Family Law Act the committee considered two issues concerning section 31 of the act, which sets out the framework for court orders declaring parentage. The first issue concerns notice of applications to court under the section. Section 31 already has a provision that
- [New tool release - Engaging Older Women in your Community: A Promising Practices Guide for Women’s and Senior Serving Organizations](https://www.bcli.org/new-tool-release-engaging-older-women-in-your-community-a-promising-practices-guide-for-womens-and-senior-serving-organizations/) - Co-authored by Raissa Dickinson Engaging Older Women in your Community is a promising practices tool developed as an outcome of the Older Women’s Dialogue Project (OWDP). The publication is intended to support your agency to anticipate and address structural barriers to the participation of older women in community initiatives aimed at legal and policy change.
- [BCLI Seeks Public’s Views on Rules for Terminating a Strata](https://www.bcli.org/bcli-seeks-publics-views-on-rules-for-terminating-a-strata/) - Vancouver, 15 May 2014—The British Columbia Law Institute is asking the public for its opinion on proposals to reform how the Strata Property Act deals with the termination of a strata. In its just-published Consultation Paper on Terminating a Strata, BCLI examines the development of what the Strata Property Act calls cancellation of a strata
- [World Elder Law Study Group 2007](https://www.bcli.org/world-elder-law-study-group-2007/) - 2007 World Elder Law Study Group Presentations Dr. Larry Anderson, Psychology Professor, Kwantlen Polytechnic University Ageism in British Columbia
- [House of Commons Standing Committee on the Status of Women - Abuse of Older Women Study](https://www.bcli.org/house-commons-standing-committee-status-women-abuse-older-women-study/) - The House of Commons Standing Committee on the Status of Women heard from witnesses during the months of October and November 2011. To date, the following witnesses have provided evidence:
- [A Seniors’ Advocate for BC](https://www.bcli.org/seniors-advocate-bc/) - The BC Ministry of Health recently published a Discussion Paper on a Seniors’ Advocate for BC (click here to download), inviting comment from individuals, families and service providers alike on a number of questions with respect to the mandate, role and functions that the Seniors’ Advocate might play. The Ministry also held a series of public consultations throughout the province in May and June this year as a means of seeking input into the creation of this new
- [Report of the Standing Committee on the Status of Women – Abuse of Older Women, May 2012](https://www.bcli.org/report-standing-committee-status-women-abuse-older-women-may-2012/) - The Standing Committee on the Status of Women (“the Committee”) has published its report on the Abuse of Older Women.
- [CCEL to Conduct Public Consultations with Older Women](https://www.bcli.org/ccel-conduct-public-consultations-older-women/) - Vancouver, 31 August 2012 —The Canadian Centre for Elder Law has launched a new research initiative to study the pressing legal and social policy issues impacting older women.This project will be the first BC community-engaged legal research project focused on older women. The project aims to identify and raise awareness about the legal and policy issues that most impact older women, and to encourage professionals who develop law and policy, and the elder law community in general, to consider and address these issues.
- [Ways and Means of Financial Abuse](https://www.bcli.org/ways-and-means-financial-abuse/) - The Continuing Legal Education Society of British Columbia held their first CLE on Elder Mediation on May 16, 2012. The Canadian Centre of Elder Law participated in the CLE, with staff lawyer Emma Butt presenting the Centre’s report on Elder Guardianship Mediation. To view a copy of the Elder Guardianship Mediation Report, click here.
- [Financial Abuse of Seniors: Legal Framework and Promising Canadian Approaches in Detection, Response and Prevention](https://www.bcli.org/financial-abuse-seniors-legal-framework-and-promising-canadian-approaches-detection-response-an/) - On March 26, 2013, CCEL Senior Fellow Laura Tamblyn Watts participated in a National Meeting on Financial Abuse organized by the International Federation on Ageing and held in Toronto. The full day meeting included stakeholders from the financial sector, government officials, and individuals and organizations with expertise in the area of abuse of older people. This event was an important opportunity to:
- [BCLI and CCEL Release Report on Assisted Living in BC](https://www.bcli.org/bcli-and-ccel-release-report-on-assisted-living-in-bc/) - 2 October 2013—The British Columbia Law Institute (BCLI) and the Canadian Centre for Elder Law (CCEL) have jointly issued a Report on Assisted Living in British Columbia containing 50 recommendations for reform of the legal and regulatory framework for assisted living in B.C. Issuance of the report coincides with the tenth anniversary of the founding
- [Executive Director Jim Emmerton appointed to the National Seniors Council](https://www.bcli.org/executive-director-jim-emmerton-appointed-to-the-national-seniors-council/) - BCLI Executive Director Jim Emmerton has been appointed to the National Seniors Council. The NCS was established to advise the Government of Canada on matters relating to the well-being and quality of life of seniors, including the opportunities and challenges arising from Canada's rapidly growing and increasingly diverse population of seniors. The appointments of Mr.
- [In Memoriam: Remembering the Hon. Flora MacDonald, O.C.](https://www.bcli.org/in-memorium-remembering-the-hon-flora-macdonald-o-c/) - The British Columbia Law Institute and the Canadian Centre for Elder Law would like to express sympathy to the family, friends, and colleagues of the Honourable Flora MacDonald, O.C.. Flora MacDonald, who passed on July 26th, was a Distinguished Fellow at the Canadian Centre for Elder Law and a keynote speaker at the 2005 Canadian
- [Community Event- Social isolation and Older Women](https://www.bcli.org/community-event-social-isolation-and-older-women/) - The Canadian Centre for Elder Law was invited to present at the community Raising Awareness for Seniors event hosted by CARP Chapter 48 on November 9th 2015. With over 90 seniors were in attendance, CCEL staff delivered an interactive presentation on strategies to increase social connections with seniors based on learning’s from the Older Women’s Dialogue
- [Project Update: Older Women's Dialogue](https://www.bcli.org/project-update-older-womens-dialogue/) - Older Women’s Dialogue Project Update December 4, 2015 Work on the Older Women’s Dialogue Project is progressing as quick as ever and Phase 2 consultations are now complete! The goal of the second phase was to engage groups of women that we were unable to reach in the first year of work, particularly: Older First
- [Elder Abuse in Chinese and South Asian Communities— A Recent CCEL Collaboration](https://www.bcli.org/elder-abuse-in-chinese-and-south-asian-communities-a-recent-ccel-collaboration/) - By Jenny Ruan, Pro Bono Students Canada volunteer Gao came to Canada five years ago. She was sponsored by her son, Henry. He and his wife May had twin baby girls. Gao was excited to meet her first grandchildren and welcomed the opportunity to care for them when her daughter-in-law returned to work. Consistent with
- [La francophonie au CCEL](https://www.bcli.org/journee-internationale-de-la-francophonie-noublions-pas-les-aines/) - Nous célébrons aujourd’hui la journée internationale de la Francophonie, mais au British Columbia Law Institute et au Centre canadien d’études sur le droit des aînés, la francophonie est une réalité quotidienne. Au sein de notre petite équipe dynamique, nous sommes quatre à parler le français couramment. Krista James, directrice du Centre canadien d’études sur le
- [Protecting Older Investors: A Joint Project of FAIR Canada and the CCEL](https://www.bcli.org/protecting-older-investors-a-joint-project-of-fair-canada-and-the-ccel/) - Canada is in the midst of a huge demographic shift. By 2024, people aged 65 and over will account for 20 percent of the country’s population. This has significant policy implications, from infrastructure needs to health care and community services. People don’t often think about the investment industry as being impacted, but the reality is
- [Law Commission of Ontario Publishes Discussion Paper for their “Improving the Last Stages of Life” Project](https://www.bcli.org/law-commission-of-ontario-publishes-discussion-paper-for-their-improving-the-last-stages-of-life-project/) - Earlier this week, the Law Commission of Ontario (“LCO”) released a discussion paper (PDF) for their “Improving the Last Stages of Life” Project. This Project focusses on the experiences of those who are involved in the dying process, and contemplates how law impacts the rights, choices, and quality of life for people who are dying.
- [Ontario Court of Justice Determines that Ontario’s Family Law Legislation Discriminates Against Dependent Adults With Disabilities Whose Parents Were Never Married](https://www.bcli.org/ontario-court-of-justice-determines-that-ontarios-family-law-legislation-discriminates-against-dependent-adults-with-disabilities-whose-parents-were-never-married/) - On July 7 2017, Justice Sullivan of the Ontario Court of Justice released a decision that pertains to the constitutionality of Ontario’s Family Law Act in relation to child support obligations for parents of dependent adults with disabilities. The Applicant in this matter is a Robyn Coates, mother to Joshua Coates. Joshua turned 18 in
- [Welcoming Kamala Sproule to the CCEL Team!](https://www.bcli.org/welcoming-kamala-sproule-to-the-ccel-team/) - We are so pleased to welcome Kamala to our team. Kamala will be supporting our continuing work with older women living in the Lower Mainland. Over the last 15 years, Kamala has worked as an evaluator, a community development worker, and community-based researcher. She has a Masters in Social Work. She brings much experience working
- [Mental Capacity, Consent, and Guardianship in BC and Canada: Get your Legal Update at the 2017 Canadian Elder Law Conference](https://www.bcli.org/mental-capacity-consent-and-guardianship-in-bc-and-canada-get-your-legal-update-at-the-2017-canadian-elder-law-conference/) - Does your practice deal with mental capacity, consent or guardianship? If so, this year’s elder law conference is shaping up to be the event of the season for getting your update on the law. For some of you, consent and capacity are intrinsic to the bulk of your work. If you prepare powers of attorney,
- [Older Women’s Dialogue Project: Surviving Violence, Calling for Change](https://www.bcli.org/older-womens-dialogue-project-surviving-violence-calling-for-change/) - New Older Women’s Dialogue Project Tool Development Group In early 2017, a new Older Women’s Dialogue Project (OWDP) tool development group was launched. In collaboration with Vancouver & Lower Mainland Multicultural Family Support Services Society, the Canadian Centre for Elder Law (CCEL) has been facilitating group meetings with women in the community who identify as
- [AGE-WELL Network of Centres of Excellence and Canadian Centre for Elder Law link up to focus on issues related to research and elder law](https://www.bcli.org/age-well-network-of-centres-of-excellence-and-canadian-centre-for-elder-law-link-up-to-focus-on-issues-related-to-research-and-elder-law/) - Announcement reposted on behalf of and with permission of AGE-WELL. The Canadian Centre for Elder Law (CCEL) has been named a new AGE-WELL core facility in elder law. The announcement was made today in Winnipeg at AGE-WELL’s 3rd Annual Conference. AGE-WELL is a federally-funded pan-Canadian network driving research and innovation in the area of technology
- [Report On Vulnerable Investors: Elder Abuse, Financial Exploitation, Undue Influence And Diminished Mental Capacity](https://www.bcli.org/report-on-vulnerable-investors-elder-abuse-financial-exploitation-undue-influence-and-diminished-mental-capacity/) - “We’re caught between a rock and a hard place” said one financial services provider about their challenges in responding to the increasing number of elder financial abuse or mental capacity concerns that investment firms are seeing. “We want to be part of the solution, but if we suspect something is going on, we don’t know
- [Community Legal Assistance Society Publishes Report on BC’s Mental Health System](https://www.bcli.org/community-legal-assistance-society-publishes-report-on-bcs-mental-health-system/) - On November 29, 2017, Community Legal Assistance Society (CLAS) published its report “Operating in Darkness: BC’s Mental Health Act Detention System”, and an accompanying press release. The report details the deprivation of rights faced by mental health patients who are involuntarily admitted under the current BC Mental Health Act. The use of restraints and seclusion,
- [Introducing our Pro Bono Law Student Volunteer: Tanya Thakur](https://www.bcli.org/introducing-our-pro-bono-law-student-volunteer-tanya-thakur/) - My name is Tanya Thakur. I am currently a third-year law student at UBC. I am excited to assist the BC Adult Abuse and Neglect Prevention Collaborative (the Collaborative) as part of my Pro Bono Students Canada (PBSC) placement. My role is to update the Canadian Centre for Elder Law’s Elder and Guardianship Mediation Report
- [Ontario Superior Court Rules on the Capacity to Marry](https://www.bcli.org/ontario-superior-court-rules-on-the-capacity-to-marry/) - In December 2017, the Ontario Superior Court of Justice ruled on Hunt v Worrod, 2017 ONSC 7397 (Hunt), wherein the family of a man suffering from a brain injury sought annulment of what the media called a “predatory marriage.” Mr. Hunt was injured in an ATV accident, causing serious brain injury and an 18-day coma. In
- [Meet Summer Research Assistant Gurinder Cheema](https://www.bcli.org/meet-gurinder-our-new-summer-research-assistant/) - My name is Gurinder Cheema. In the fall, I will begin my third year at the University of Victoria’s Faculty of Law. During my second year, I was a part of the faculty’s Law Co-op Program. As part of the Law Co-op Program, I completed a work term at Norton Rose Fulbright Canada LLP. While
- [New Brunswick seeks feedback on proposals for enduring powers of attorney legislation](https://www.bcli.org/new-brunswick-seeks-feedback-on-proposals-for-enduring-powers-of-attorney-legislation/) - The Legislative Services Branch (LSB) of the Office of the Attorney General (New Brunswick) is currently working on proposals for powers of attorney legislation. The LSB released Law Reform Notes #40 in December 2017 and Law Reform Notes #41 in May 2018. Both issues of the notes discuss the LSB’s proposals for powers of attorney
- [CCEL Celebrates 15th Anniversary](https://www.bcli.org/15544-2/) - This year marks the 15th anniversary of the CCEL. A lot has happened in those years. 8 Elder Law Conferences. 3 National Seniors Day events. 2 International Women’s Day gatherings, 33 projects, 2 promising practicing tools, 9 reports, 13 study papers, 10 videos, 36 educational tools, 7 project advisory committees, 53 consultation focus groups, 4475
- [CCEL Forms Inclusive Investing Project Advisory Committee](https://www.bcli.org/ccel-forms-inclusive-investing-project-advisory-committee/) - The Canadian Centre for Elder Law (CCEL) has formed a project advisory committee to guide its research and consultation for its Inclusive Investing: Respecting the Rights of Vulnerable Investors through Supported Decision-Making project. “The project advisory committee brings together individuals with a diverse range of experience and expertise from BC and Ontario to examine how
- [Consultation Update on CCEL’s Inclusive Investing Project](https://www.bcli.org/consultation-update-on-ccels-inclusive-investing-project/) - The Canadian Centre for Elder Law (CCEL) continues its consultation interviews with key informants and stakeholders on the use of supported decision-making, in the investment context, by persons living with Alzheimer’s, other forms of dementia or intellectual disabilities. Since October 2018, Project Manager and CCEL Staff Lawyer, Valerie Le Blanc, has interviewed people with lived
- [Meet our new Legal Research Assistant](https://www.bcli.org/meet-our-new-legal-research-assistant/) - My name is Sara Pon. I completed my master’s degree in law at York University in 2018, and I obtained my JD from the University of Victoria. I am working at the British Columbia Law Institute (BCLI) and Canadian Center for Elder Law (CCEL) because of my passion for research involving older adults and law
- [New Caregiver Supports: Updates on the Care/Work Study Paper](https://www.bcli.org/new-caregiver-supports-updates-on-the-care-work-study-paper/) - The BC Law Institute’s study paper on Family Caregiving, Care/Work, was released in 2010. The need for and incidence of family caregiving is still high in BC. Since the report, there have been some additional supports created for family caregivers in BC and elsewhere in Canada, which will be highlighted below. However, there are still
- [New Project Announced: Health Care Consent and Capacity Assessment Tribunals Project](https://www.bcli.org/new-project-announced-health-care-consent-and-capacity-assessment-tribunals-project/) - BCLI and CCEL have started a new project on health care, guardianship, and capacity tribunals. The Health Care Consent and Capacity Assessment Tribunals Project follows upon a finding and recommendation in a recent Canadian Centre for Elder Law report, Conversations About Care: The Law and Practice of Health Care Consent for People Living with Dementia
- [In Memoriam: BCLI  and CCEL Remember Marlene Scott, QC and Heather Ferris](https://www.bcli.org/in-memoriam-bcli-and-ccel-remember-marlene-scott-qc-and-heather-ferris/) - BCLI and CCEL regret the recent passing of two distinguished lawyers, Marlene Scott, QC (1937-2019) and Heather Ferris (1959-2019), who made extremely valuable contributions as participants in BCLI / CCEL initiatives. Marlene Scott, QC was a past president of the BC Branch of the Canadian Bar Association, a past Chair of the Law Foundation of
- [BCLI Executive Director to step down](https://www.bcli.org/bcli-executive-director-to-step-down/) - Kathleen Cunningham has advised the Board of the BC Law Institute that she will be stepping down as Executive Director at the end of May 2020 to pursue new opportunities. The Board wishes her well and thank her for her years of dedicated service. Kathleen joined the BC Law Institute and Canadian Centre for Elder
- [Project Update: Engaging People Living with Dementia in Decision-Making](https://www.bcli.org/project-update-engaging-people-living-with-dementia-in-decision-making/) - Introduction Since fall 2019, the CCEL has been working on a project entitled Engaging People Living with Dementia in Decision-Making. This work is funded by the Vancouver Foundation. The project is a collaboration with the Alzheimer Society of BC (the Society) and the Centre for Research on Personhood in Dementia. This project aims to recognize
- [Medical Assistance in Dying Amendment Bill Tabled](https://www.bcli.org/medical-assistance-in-dying-amendment-bill-tabled/) - MAID Laws Canada introduced medical assistance in dying (MAID) in 2016. To be eligible for MAID, an adult must: Be eligible for health services in their jurisdiction; Have the capacity to make health care decisions; Make a voluntary written request for MAID; Give informed consent after receiving information on their diagnosis, treatment, and options to
- [BC Accessibility Legislation Consultation Report Released](https://www.bcli.org/bc-accessibility-legislation-consultation-report-released/) - A quarter of the population in BC is living with a disability. The BC government has released the British Columbia Framework for Accessibility Legislation report (BC Framework) to outline their proposed approach to accessibility legislation. This blog posts highlights some of the public feedback from the preliminary consultation and examines the framework.
- [Update on CCEL’s Inclusive Investing Project](https://www.bcli.org/update-on-ccels-inclusive-investing-project/) - Consultation Wrap-up The Canadian Centre for Elder Law (CCEL) completed its consultation interviews for the Inclusive Investing project in October 2019. During the one-year consultation period, Project Manager and BCLI/CCEL Staff Lawyer, Valerie Le Blanc, interviewed over 90 key informants and stakeholders on the use of supported decision-making, in the investment context. Key informants included
- [The Accessible Canada Act](https://www.bcli.org/the-accessible-canada-act/) - Accessibility Legislation In Canada, the federal government enacted the Accessible Canada Act (ACA) which came into force on July 11, 2019. The ACA, applying to everything under federal jurisdiction, is intended to remove barriers experienced by people with disabilities. The ultimate goal is to create a barrier-free country by 2040. The ACA sets out: How
- [SCC Weighs In on Exclusion Clauses](https://www.bcli.org/scc-weighs-exclusion-clauses/) - The Supreme Court of Canada has issued an important judgment on the vexing contract-law issue of enforcement of exclusion clauses. In Tercon Contractors Ltd. v. British Columbia (Transportation and Highways), the court considered a sweeping exclusion clause that was intended to protect the provincial government from any liability arising in connection with the tendering process for design and construction of
- [BCLI Response to Ministry of Finance Society Act Review Consultation](https://www.bcli.org/bcli-response-ministry-finance-society-act-review-consultation/) - The British Columbia Law Institute has submitted a responseto the consultation for the review of the SocietyAct being carried out by the Ministry of Finance. The response affirms theconclusions of the BCLI's 2008 Report onProposals for a New Society Act, noting particularly that the time has cometo move on reform of the Society Act.The response also contains discussion of the two issues for reform highlightedby the ministry.
- [BCLI Issues Consultation Paper on New Probate Rules](https://www.bcli.org/bcli-issues-consultation-paper-new-probate-rules/) - The British Columbia Law Institute has issued a consultation paper on new rules of court dealing with probate business. Entirely new probate rules are necessary as a result of the Wills, Estates and Succession Act passed in 2009. They will need to be ready in time to come into force together with the Act. The Consultation Paper on New Probate
- [CCEL Announces Online Launch of Family Caregiving Study Paper](https://www.bcli.org/ccel-announces-online-launch-family-caregiving-study-paper/) - The British Columbia Law Institute and the Canadian Centre for Elder Law are pleased to announce the online launch of their study paper, Care/Work: Law Reform to Support Family Caregivers to Balance Paid Work and Unpaid Caregiving. The study paper, generously funded by the Law Foundation of British Columbia, considers whether the law recognizes the value of unpaid family caregiving labour and examines to what extent the law assists British Columbians who are managing the double role of worker / caregiver.
- [BCLI to Research Workplace Dispute Resolution](https://www.bcli.org/bcli-research-workplace-dispute-resolution/) - The Ministry of Labour has asked the British Columbia Law Institute (BCLI) to conduct legal research and analysis in relation to workplace dispute resolution mechanisms in British Columbia. BC workplaces have evolved significantly over the years, both in terms of the types of employer-employee relationships and the nature of the conflicts that emerge from within the workplace. The BCLI
- [Ministry of AG releases White Paper on Family Relations Act Reform](https://www.bcli.org/ministry-ag-releases-white-paper-family-relations-act-reform/) - The Ministry of Attorney General for British Columbia has released its White Paper on Family Relations Act Reform. The White Paper contemplates repealing British Columbia's main family-law statute, the Family Relations Act, and replacing it with a new act. The White Paper proposes far-reaching changes in many areas of family law. Included in it are
- [BCLI Welcomes New Executive, Members](https://www.bcli.org/bcli-welcomes-new-executive-members/) - At its annual general meeting, held last week, the British Columbia Law Institute elected a new slate of officers. For 2010-11, the BCLI's executive will be: Chair D. Peter Ramsay, Q.C. Vice-chair R.C. (Tino) Di Bella Treasurer Gregory K. Steele, Q.C.
- [BCLI Welcomes New Members](https://www.bcli.org/bcli-welcomes-new-members/) - The BCLI welcomes Lisa Peters and Stanley Rule as new members and directors. Ms. Peters is a lawyer with the firm of Lawson Lundell LLP in Vancouver, British Columbia. She heads the firm's research and opinions department, where her practice focusses on conflicts of laws, constitutional law, contract law, statutory interpretation, and Crown law.
- [Federal Task Force on Financial Literacy Recognizes Elder Abuse](https://www.bcli.org/federal-task-force-financial-literacy-recognizes-elder-abuse/) - The Task Force on Financial Literacy, appointed by the Government of Canada in June 2009, published its Final Report this morning. Entitled, Canadians and their Money: Building a Brighter Financial Future, this report builds on consultations with over 170 organizations and over 300 submissions, and makes 30 recommendations aimed at enhancing financial literacy of Canadians.
- [Report on Section 29(2) of the Land Title Act and Notice of Unregistered Interests](https://www.bcli.org/report-section-292-land-title-act-and-notice-unregistered-interests/) - BCLI has issued the first in a series of reports that will be published in connection with Phase 2 of the Real Property Reform Project. The Report on Section 29(2) of the Land Title Act and Notice of Unregistered Interests is concerned with resolving uncertainty resulting from conflicting lines of authority on whether registration under the Land Title Act of British Columbia will confer priority over a competing unregistered interest if the holder of the registered interest had actual notice of the unregistered interest beforehand.
- [BCLI Asks for Public Comment on Proposed Changes to the Law of Contracts](https://www.bcli.org/bcli-asks-public-comment-proposed-changes-law-contracts/) - With today’s publication of the Consultation Paper on Proposals for Unfair Contracts Relief, the British Columbia Law Institute is asking the public to comment on its proposals for reform of the law of contracts. “Contract law has traditionally developed case by case in the courts,” noted Prof. Joost Blom, Q.C., chair of the BCLI’s Unfair Contracts Relief Project Committee. “This consultation paper gives the public the opportunity to participate in policy development on some important longstanding issues in the law of contracts.”
- [BCLI to Research the Meaning of "Family Status" under the BC Human Rights Code](https://www.bcli.org/bcli-research-meaning-family-status-under-bc-human-rights-code/) - The British Columbia Law Institute has launched a new research initiative to study the meaning of the ground of “family status” under the BC Human Rights Code.
- [BCLI Congratulates Heather Campbell](https://www.bcli.org/bcli-congratulates-heather-campbell/) - The British Columbia Law Institute would like to congratulate Heather Campbell on the successful completion of her articling term (2010-2011). Heather affirmed her barristers and solicitors oath at a ceremony held at the BCLI offices on 11 May 2011 and has recently established her own litigation and legal research firm, Vantage Point Law. We welcome her as a practicing member of the bar of British Columbia.
- [Enhanced Law Reform Database for Researchers](https://www.bcli.org/enhanced-law-reform-database-researchers/) - The British Columbia Law Institute has updated and enhanced an extensive, online collection of provincial, national, and international law reform materials. New online software and more recent law reform materials have been added to the BCLI’s Law Reform Database. These upgrades to the Law Reform Database were made possible with the generous assistance of the Law Foundation of British Columbia.
- [BCLI Releases Four New Consultation Papers on Real Property Law](https://www.bcli.org/bcli-releases-four-new-consultation-papers-real-property-law/) - The British Columbia Law Institute has issued four new consultation papers in connection with Phase 2 of its Real Property Reform Project. One deals with restrictive covenants and the other three deal with various aspects of co-ownership of land.
- [BCLI Calls for Reforms to Address Unfair Contracts](https://www.bcli.org/bcli-calls-reforms-address-unfair-contracts/) - The British Columbia Law Institute has published today its Report on Proposals for Unfair Contracts Relief. The report recommends that British Columbia enact a Contract Fairness Act to consolidate and modernize the leading concepts that contract law deploys against contractual unfairness.
- [October 3, 2011 - Elder Law Lecture and BCLI Open House](https://www.bcli.org/october-3-2011-elder-law-lecture-and-bcli-open-house/) - Date: 3 October 2011 at 2:00 pmLocation: Room 121, Allard HallUniversity of British Columbia1822 East MallVancouver, BC V6T 1Z1Title: Elder Law Downunder, the Old and the New Sue Field is the inaugural New South Wales Trustee and Guardian Fellow in Elder Law at the University of Western Sydney.
- [Call for Volunteers: Rationalizing and Harmonization of BC Common-Law Tests of Capacity Project](https://www.bcli.org/call-volunteers-rationalizing-and-harmonization-bc-common-law-tests-capacity-proj/) - The British Columbia Law Institute is seeking volunteers to serve on its common-law capacity project committee. If you are interested in serving on the committee, please send us your expression of interest (including curriculum vitae) by 31 October 2011. If you want some more information about the project and the BCLI’s expectations of committee members, please read the background and FAQ that follow. Background on the project
- [Four BCLI Law Reform Reports Implemented In New Family Law Act (Bill 16)](https://www.bcli.org/media-release-four-bcli-law-reform-reports-implemented-new-family-law-act-bill-16/) - The British Columbia Law Institute is very pleased that the new Family Law Act (Bill 16) introduced yesterday in the Legislative Assembly will implement recommendations for changes to family law contained in four of its reports. “We are gratified that the government has clearly accepted the cogent and timely recommendations in these four reports by British Columbia’s independent law reform agency, and is proposing to enact them in this major legislative initiative,” said Jim Emmerton, executive director of BCLI.
- [BCLI Forms Project Committee to Investigate Common-Law Tests of Capacity](https://www.bcli.org/bcli-forms-project-committee-investigate-common-law-tests-capacity/) - The British Columbia Law Institute is embarking on a two-year project to consider reforms to judge-made rules governing when a person is determined to have the mental capacity to carry out a transaction or enter into a relationship.
- [BCLI Project Committee to Study Common-Law Tests of Capacity](https://www.bcli.org/bcli-project-committee-study-common-law-tests-capacity/) - New two-year project to consider reforms to judge-made rules governing when a person is determined to have the mental capacity to carry out a transaction or enter into a relationship
- [Opportunity to Comment on a New Society Act](https://www.bcli.org/opportunity-comment-new-society-act/) - Ministry of Finance launches second phase of Society Act review consultation
- [BCLI Releases Recommended Practices Guide for Lawyers and Notaries Concerning Undue Influence Relating to Wills](https://www.bcli.org/bcli-releases-recommended-practices-guide-lawyers-and-notaries-concerning-undue-influence-relat/) - Vancouver, 20 January 2012 — The British Columbia Law Institute (BCLI) has just published Recommended Practices for Wills Practitioners Relating to Potential Undue Influence: A Guide. This guidebook helps lawyers and notaries recognize “red flags” suggesting undue influence when receiving instructions to prepare a will, and in preventing later challenges that could lead to a will being invalidated.
- [BCLI Launches Phase One of Strata Property Law Project](https://www.bcli.org/bcli-launches-phase-one-strata-property-law-project/) - Vancouver, 16 March 2012 — The British Columbia Law Institute is beginning phase one of a project on strata-property law. “Strata properties are an important and dynamic part of British Columbia’s real-estate sector,” noted BCLI executive director Jim Emmerton. “With this project, the BCLI intends to begin a process to ensure that the next generation of the Strata Property Act keeps abreast of developments in the field.”
- [BCLI Publishes Supplementary Report on Proposals for a New Society Act as Response to Ministry Discussion Paper](https://www.bcli.org/bcli-publishes-supplementary-report-proposals-new-society-act-response-ministry-discussion-pape/) - Today the British Columbia Law Institute published its response to the Ministry of Finance’s discussion paper (2011) on reform of the Society Act, in the form of a Supplementary Report on Proposals for a New Society Act. This report is a supplement to the BCLI’s 2008 Report on Proposals for a New Society Act.The supplementary report sets out the areas of agreement between the BCLI’s 2008 report and the ministry’s proposals in the form of a chart and discusses a series of alternative approaches to selected issues that the ministry should consider pursuing.
- [BCLI Publishes Study Paper on Family Status Discrimination](https://www.bcli.org/bcli-publishes-study-paper-family-status-discrimination/) - Vancouver, 20 September 2012 —The British Columbia Law Institute has published a study paper on discrimination based on the ground of “family status” under the BC Human Rights Code. BC’s human rights law lists a number of protected grounds, including race, colour, ancestry, place of origin, religion, marital status, physical or mental disability, sex, sexual orientation and age. Family status is one of the most recently added protected grounds.
- [Executive and Board Changes Following BCLI's Annual General Meeting](https://www.bcli.org/executive-and-board-changes-following-bclis-annual-general-meeting/) - The British Columbia Law Institute hosted its Annual General Meeting on 19 September 2012. The productive meeting brought together the Institute's members from across the province, and laid the foundation for another year of comprehensive law reform work in British Columbia.Following the AGM, the following changes to the BCLI executive and board of directors have been implemented:
- [BCLI launches project on a Franchise Act for British Columbia](https://www.bcli.org/bcli-launches-project-franchise-act-british-columbia/) - Vancouver — 5 October 2012 The British Columbia Law Institute (BCLI) has begun a new project on franchise legislation for British Columbia. The project will examine whether there is a need for franchise legislation in British Columbia and, if so, what features it should have.
- [BCLI Releases Consultation Paper on Assisted Living Reform](https://www.bcli.org/bcli-releases-consultation-paper-assisted-living-reform/) - Vancouver, 28 November 2012 – The British Columbia Law Institute (BCLI) and the Canadian Centre for Elder Law (CCEL) have jointly issued the Consultation Paper on Assisted Living in British Columbia, which contains recommendations on reform of the legal and regulatory framework for assisted living in B.C. BCLI/CCEL is seeking public input on its contents.
- [BCLI Publishes Final Report for Phase One of Strata Property Law Project](https://www.bcli.org/bcli-publishes-final-report-phase-one-strata-property-law-project/) - Vancouver, 30 November 2012—Today, the British Columbia Law Institute has published its Report on Strata Property Law: Phase One, bringing Phase One of its Strata Property Law Project to a close. The report’s major conclusion is that the time is now ripe to begin planning for the next generation of British Columbia’s strata-property legislation through a phase-two law-reform project.
- [Canadian Bar Association’s "Agenda for Justice" Urges Implementation of BCLI Reports](https://www.bcli.org/canadian-bar-associations-agenda-justice-urges-implementation-bcli-reports/) - The BC Branch of the Canadian Bar Association (CBA) urges the quick implementation of several BCLI reports in An Agenda for Justice, released on February 5, 2013. The CBA describes An Agenda for Justice as a “Platform Document” outlining short-term and long-term actions to increase the effectiveness of BC’s justice system and improve BC laws, which it is asking all candidates in the forthcoming election to support.
- [BCLI Asks for Public Input on Tests of Mental Capacity](https://www.bcli.org/bcli-asks-public-input-tests-mental-capacity-2/) - Vancouver, 22 February 2013—Today the British Columbia Law Institute has published its Consultation Paper on Common-Law Tests of Capacity. The consultation paper examines legislative reforms to judge-made rules governing when a person is determined to have the mental capacity to carry out a transaction or enter into a relationship.
- [BCLI Proposes Reforms to Encourage Settlements](https://www.bcli.org/bcli-proposes-reforms-encourage-settlements/) - In its just-published Consultation Paper on Contribution after Settlement under the Negligence Act, the British Columbia Law Institute is examining how application of some of the general principles stated in the Negligence Act can hinder settlement agreements in multiparty litigation.
- [B.C. Law Institute Welcomes Implementation of  Wills, Estates and Succession Act and New Probate Rules](https://www.bcli.org/bc-law-institute-welcomes-implementation-wills-estates-and-succession-act-and-new-probate-rules/) - 28 March 2013—The BC Law Institute (BCLI) welcomes the announcement today by the Government of British Columbia that the Wills, Estates and Succession Act (WESA) and new probate rules are to come into force on March 31, 2014. The reforms, which represent the most extensive reform of this area in 85 years, are significantly based on
- [BCLI issues Consultation Paper on a BC Franchise Act](https://www.bcli.org/bcli-issues-consultation-paper-bc-franchise-act/) - The British Columbia Law Institute (BCLI) is proposing franchise legislation for British Columbia. BCLI has issued the Consultation Paper on a Franchise Act for British Columbia to obtain input from franchisors, franchisees, business and consumer organizations and the general public on the proposed legislation to govern franchising, which would resemble legislation already in force in five other provinces.
- [BCLI Forms Strata Property Law Project Committee](https://www.bcli.org/bcli-forms-strata-property-law-project-committee/) - Vancouver, 27 November 2013—The British Columbia Law Institute has formed a new project committee to assist it in carrying out its Strata Property Law—Phase Two Project. “This project committee brings together a diverse range of experts in the strata-property field,” commented committee chair Patrick Williams, “to tackle some of the most pressing issues in strata-property
- [BCLI Recommends Reforms to Encourage Settlements of Complex Litigation](https://www.bcli.org/bcli-recommends-reforms-to-encourage-settlements-of-complex-litigation/) - Vancouver, 17 December 2013—In a report published today the British Columbia Law Institute is calling for legislation that will improve the civil-justice system by removing a roadblock to settling complex, multiparty litigation. “When a person suffers damages or a monetary loss at the hands of more than one wrongdoer, often the quickest and simplest way
- [BCLI issues Report on a Franchise Act for BC](https://www.bcli.org/bcli-issues-report-on-a-franchise-act-for-bc/) - 31 March 2014—The British Columbia Law Institute recommends that British Columbia become the sixth province to enact franchise legislation. BCLI issued its Report on a Franchise Act for British Columbia today. The report analyzes franchise legislation in force in Canada, the U.S., and elsewhere, and contains a detailed legislative proposal with commentary. It was preceded by
- [Executive and Board Changes Following BCLI’s Annual General Meeting](https://www.bcli.org/executive-and-board-changes-following-bclis-annual-general-meeting-2/) - The British Columbia Law Institute held its Annual General Meeting on September 17, 2014, laying the foundation for another year of comprehensive research and law reform work. With the AGM, several changes to the BCLI executive has been implemented: We welcome Professor Joost Blom, Q.C., as the new Chair of BCLI. Professor Blom is a
- [BCLI Responds to Ministry of Finance White Paper on Society Act Reform](https://www.bcli.org/bcli-responds-to-ministry-of-finance-white-paper-on-society-act-reform-2/) - The British Columbia Law Institute has submitted its formal response to the Ministry of Finance's Societies Act White Paper as part of a consultation process scheduled to continue until Wednesday, October 15th. BCLI would like to thank the Ministry of Finance for British Columbia for this opportunity to respond to the draft legislation set out in its white paper.
- [British Columbia Law Institute welcomes new board member, Oliver Fleck](https://www.bcli.org/british-columbia-law-institute-welcomes-new-board-member-oliver-fleck/) - The British Columbia Law Institute (BCLI) is pleased to announce that the Canadian Bar Association, BC Branch, has appointed Oliver Fleck as a BCLI board member for a three-year term beginning October 14, 2014. The BCLI board now has a full complement of 16 directors and two emeritus members. Mr. Fleck is a member of
- [BCLI recommends new approach to terminating a strata](https://www.bcli.org/bcli-recommends-new-approach-to-terminating-a-strata-2/) - In its just-published Report on Terminating a Strata, BCLI is calling on British Columbia’s legislature to amend the Strata Property Act, reforming how that act deals with cancelling a strata plan and winding up a strata corporation. “Owners in BC’s oldest stratas could soon be facing some difficult decisions,” noted Patrick Williams, chair of BCLI’s
- [BCLI welcomes Bill 24, the new Societies Act](https://www.bcli.org/bcli-welcomes-bill-24-the-new-societies-act/) - The British Columbia Law Institute applauds the introduction of Bill 24, which will create a modern Societies Act for British Columbia. The bill implements the bulk of the recommendations made in BCLI’s Society Act Reform Project. “This bill is a landmark for British Columbia’s not-for-profit sector,” said Margaret Mason, chair of BCLI’s Society Act Reform
- [BCLI announces selection of new Executive Director](https://www.bcli.org/bcli-announces-selection-of-new-executive-director/) - The British Columbia Law Institute / Canadian Centre for Elder Law is pleased to announce the selection of a new Executive Director, Kathleen Cunningham, B. Comm, LL.B, MPS, TEP to lead BCLI effective June 1, 2015. Jim Emmerton, current Executive Director, is scheduled to retire June 30, 2015. Called to the bar of the Law
- [BCLI Starting New Project on Litigation Financing](https://www.bcli.org/bcli-starting-new-project-on-litigation-financing-2/) - The number of self-represented litigants in British Columbia’s courts has been steadily increasing. In her 2013 report, University of Windsor Faculty of Law professor Dr. Julie Macfarlane wrote that the inability to afford legal counsel is the most consistently-cited reason for self-representation and a lack of access to justice. In response, the British Columbia Law
- [BCLI welcomes three new members](https://www.bcli.org/bcli-welcomes-three-new-members/) - The British Columbia Law Institute is pleased to welcome three recent appointees to its Board. They are: Margaret Mason, Partner, Bull Housser & Tupper LLP, appointee of the Law Society of British Columbia for a three year term commencing May 1, 2015. Dennis Pavlich, Professor, Peter A. Allard School of Law, appointee of the Dean
- [BCLI welcomes reforms to rules on terminating a strata](https://www.bcli.org/bcli-welcomes-reforms-to-rules-on-terminating-a-strata-2/) - Bill 40, which was introduced today in the Legislative Assembly of British Columbia, contains proposed amendments to the Strata Property Act that will improve the rules governing termination of a strata corporation. The proposed changes are based on recommendations found in BCLI’s Report on Terminating a Strata, which is the first report issued in BCLI’s
- [New BC Franchises Act Implements BCLI Recommendations](https://www.bcli.org/new-bc-franchises-act-implements-bcli-recommendations-2/) - Today the B.C. Legislative Assembly passed the Franchises Act (Bill 38), broadly supported on both Government and Opposition sides. When brought into force, the Franchises Act will implement nearly all of the recommendations in the 2014 Report on a Franchise Act for British Columbia by the British Columbia Law Institute (BCLI). In the 2014 report,
- [Bill 40 receives royal assent](https://www.bcli.org/bill-40-receives-royal-assent/) - Yesterday, Bill 40 received royal assent from the Legislative Assembly of British Columbia, completing its journey through the legislative process. Bill 40—or, to use its legislative title, the Natural Gas Development Statutes Amendment Act, 2015, SBC 2015, c 40—is a multifaceted statute that amends a range of natural-resource and housing acts. Its significance for BCLI is
- [Societies Act coming into force in November 2016](https://www.bcli.org/societies-act-coming-into-force-in-november-2016/) - The law governing not-for-profit corporations in British Columbia is going to change dramatically in a little over a year, with the announcement that the new Societies Act will come into force on 28 November 2016. The Societies Act will usher in a host of changes for societies. BC Registry Services is rolling out information online about the new act, starting
- [A year-end update of the Strata Property Law Project](https://www.bcli.org/a-year-end-update-of-the-strata-property-law-project/) - The Strata Property Law Project—Phase Two has seen significant progress in 2015. The high points of the year were the publication of the committee’s first report, the Report on Terminating a Strata (PDF), and the implementation of that report’s recommendations in Bill 40. The year has also seen extensive engagement with sections, types, and phases,
- [New South Wales: “New era for strata will start in 2016”](https://www.bcli.org/new-south-wales-new-era-for-strata-will-start-in-2016/) - British Columbia isn’t the only jurisdiction examining reform of its strata-property legislation. Another interesting reform project is going on in the Australian state of New South Wales. New South Wales has had strata-property legislation since the early 1960s. Its legislation has a special relationship to British Columbia’s, since the first-generation New South Wales act was the
- [BCLI celebrates its nineteenth anniversary](https://www.bcli.org/bcli-celebrates-its-nineteenth-anniversary/) - Today, January 6, 2016, marks the 19th anniversary of the foundation of the British Columbia Law Institute. Much has changed since those early years in the late 1990s. Our staff has grown to five full-time employees, current funding supports three full-time contract staff, and at any given our ranks are bolstered by one or more student volunteers.
- [In Memoriam: Judith Mosoff](https://www.bcli.org/in-memoriam-judith-mosoff/) - The British Columbia Law Institute and the Canadian Centre for Elder Law express their sympathy to the family, friends, and colleagues of Judith Mosoff, who passed away in December 2015. Prof. Mosoff was appointed by the Dean of the UBC Allard School of Law to the board of the BC Law Institute from 2009 to
- [A comparison of reforms to terminating a strata in British Columbia and New South Wales](https://www.bcli.org/a-comparison-of-reforms-to-terminating-a-strata-in-british-columbia-and-new-south-wales/) - This post is a follow up on a topic noted in an earlier post, discussing reforms to New South Wales’s strata-property legislation that are expected to come into force later this year. The sweeping reforms contained in this legislation include a fundamental revision of how the Australian state approaches terminating a strata. In addressing this
- [Manitoba Law Reform Commission recommends modernization of law on municipal conflicts of interest](https://www.bcli.org/manitoba-law-reform-commission-recommends-modernization-of-law-on-municipal-conflicts-of-interest/) - In its just-published final report Modernizing The Municipal Council Conflict of Interest Act: Accountability, Enforcement & Oversight (PDF), the Manitoba Law Reform Commission is recommending reforms to how Manitoba deals with conflicts of interest at the level of municipal councils. The summary of the report gives this description of its scope and primary recommendations: This
- [New rules for strata corporations on guide and service dogs in force today](https://www.bcli.org/new-rules-for-strata-corporations-on-guide-and-service-dogs-in-force-today/) - British Columbia’s Guide and Service Dog Act comes into force today, bringing with it some new rules for strata corporations. The act contains a consequential amendment to the Strata Property Act, which provides that a “bylaw that prohibits a pet or other animal or that restricts the access of a pet or other animal to
- [Major changes coming to Ontario condominium law](https://www.bcli.org/major-changes-coming-to-ontario-condominium-law/) - 2015 was something of a high-water mark for reforms to strata-property law. Both British Columbia and New South Wales passed major amendments to their governing legislation. Ontario, too, passed a landmark amending act late last year. On 3 December 2015, the Protecting Condominium Owners Act, 2015 received royal assent. The act had its genesis in a three-stage research
- [Financing Litigation Legal Research Project Update](https://www.bcli.org/financing-litigation-legal-research-project-update/) - "Access to justice” continues to be a hot-button issue across Canada. It is a high-priority topic not only for the Canadian Bar Association, provincial Law Societies, and Law Foundations – but for everyday people who find themselves faced with a legal system that often appears unapproachable. With funding from the Law Foundation of British Columbia,
- [BCLI welcomes bill to implement its Report on Unnecessary Requirements for Sworn Statements](https://www.bcli.org/bcli-welcomes-bill-to-implement-its-report-on-unnecessary-requirements-for-sworn-statements-2/) - The British Columbia Law Institute is pleased by the introduction of Bill 5, the Miscellaneous Statutes (Signed Statements) Amendment Act, 2016, into the legislative assembly. Once enacted, Bill 5 will substantially implement the recommendations of BCLI’s Report on Unnecessary Requirements for Sworn Statements (2006). “On behalf of BCLI,” noted board of directors chair Prof. Joost
- [Australian Law Reform Commission releases report on rights and freedoms](https://www.bcli.org/australian-law-reform-commission-releases-report-on-rights-and-freedoms/) - The Australian Law Reform Commission has just published its report on Traditional Rights and Freedoms—Encroachments by Commonwealth Laws. The report identifies rights, freedoms, and privileges recognized by the common law, examines commonwealth (federal) laws that may infringe them, and considers potential approaches to restricting rights and freedoms. The report’s goals are summarized in the following terms
- [Australian Law Reform Commission launches elder abuse inquiry](https://www.bcli.org/australian-law-reform-commission-launches-elder-abuse-inquiry/) - The Australian Law Reform Commission has just embarked on a major inquiry into elder abuse. The inquiry is in response to a reference from Australia’s attorney general. Its terms of reference direct the ALRC to consider: existing Commonwealth laws and frameworks which seek to safeguard and protect older persons from misuse or abuse by formal and informal
- [Bill 16 Changes to Assisted Living Legislation Consistent with BCLI / CCEL Recommendations](https://www.bcli.org/bill-16-changes-to-assisted-living-legislation-consistent-with-bcli-ccel-recommendations-2/) - Proposed amendments introduced in the Legislative Assembly yesterday in Bill 16, the Community Care and Assisted Living Amendment Act, 2016, are consistent with recommendations made by the British Columbia Law Institute (BCLI) and Canadian Centre for Elder Law (CCEL) in a 2013 report. “We are very pleased to see that a number of changes to
- [BCLI Recognized in the Legislature](https://www.bcli.org/bcli-recognized-in-the-legislature/) - Law reform is often a slow process and it can take many years before recommendations in a BCLI project report are implemented. As we've reported in this blog over the past year, many project recommendations have been implemented. These successes keep us, our board and our volunteer committee members motivated. We also appreciate our work
- [Common-Law Tests of Capacity Project featured on Common Law Radio](https://www.bcli.org/common-law-tests-of-capacity-project-featured-on-common-law-radio/) - BCLI’s Common-Law Tests of Capacity Project was featured on a recent episode of Vancouver Co-op Radio’s program Common Law Radio. BCLI staff lawyer Kevin Zakreski appeared on the program to discuss the current law on mental capacity and the project's recommendations for reform. The episode is available online on the Common Law Radio website and as
- [Manitoba Law Reform Commission publishes issue paper on land titles and trusts](https://www.bcli.org/manitoba-law-reform-commission-publishes-issue-paper-on-land-titles-and-trusts/) - The Manitoba Law Reform Commission is studying the effect that certain kinds of trusts have on the operation of Manitoba’s land-title system. In its just-published Issue Paper on Indefeasibility of Title and Resulting and Constructive Trusts (PDF) the commission is taking on the following topics: the paper explores the issue of whether the fact that someone’s
- [New Societies Transitional Interim Regulation](https://www.bcli.org/new-societies-transitional-interim-regulation/) - Late last month, the Executive Council for British Columbia promulgated a new Societies Transitional Interim Regulation. This short regulation deals with three transitional matters for societies: it clarifies that a special resolution may include a special resolution as defined in section 1 of the old Society Act—this is significant in light of the change coming in
- [Civil Resolution Tribunal planning early intake for strata-property disputes](https://www.bcli.org/civil-resolution-tribunal-planning-early-intake-for-strata-property-disputes/) - BCLI is engaged in a project to reform aspects of strata-property law. But it isn’t the only organization in British Columbia that is working on reforms in this area. Another significant initiative involves the resolution of strata-property disputes. On this front, the planned Civil Resolution Tribunal is taking steps toward launching its online dispute-resolution service. The
- [BCLI Announces Re-Appointment of Thomas Spraggs to Board of Directors](https://www.bcli.org/bcli-announces-re-appointment-of-thomas-spraggs-to-board-of-directors/) - The British Columbia Law Institute (BCLI) is pleased to announce that the Ministry of Justice has re-appointed Thomas Spraggs to our Board of Directors. Mr Spraggs is the owner and operator of Spraggs and Company Law Corporation, which specializes in personally injury law. He has served on the Board for the past four years. Since
- [Law Commission for England and Wales publishes Interim Statement on Mental Capacity and Deprivation of Liberty](https://www.bcli.org/law-commission-for-england-and-wales-publishes-interim-statement-on-mental-capacity-and-deprivation-of-liberty/) - Since 2014, the Law Commission for England and Wales has been carrying out a project on mental capacity and deprivation of liberty. The project is examining a specific piece of delegated legislation, called the deprivation of liberty safeguards (found in schedule A1 and schedule 1A to the Mental Capacity Act 2005), which “aim to protect people who lack mental
- [Legal Pluralist Law Reform](https://www.bcli.org/legal-pluralist-law-reform/) - BCLI has recently participated in a number of discussions about the measurement and evaluation of law reform impact. Thinking about impact raises questions about the very nature of law reform. What is law reform and what does it achieve? Where do you find it? What does it look like? As part of that reflective process,
- [BCLI director Thomas Spraggs wins 2016 CBABC Innovative Workplace Award](https://www.bcli.org/bcli-director-thomas-spraggs-wins-2016-cbabc-innovative-workplace-award/) - We are pleased to announce that Thomas Spraggs, who was recently re-appointed to the BCLI Board of Directors, received the 2016 CBABC Innovative Workplace Award. Mr. Spraggs is the Principal of Spraggs & Company Injury Lawyers. According to the CBABC website, the award is in recognition of Mr. Spraggs’s “creative thinking and leadership in
- [Highlights from the Spring 2016 Legislative Session](https://www.bcli.org/highlights-from-the-spring-2016-legislative-session/) - 28 June 2016—In May 2016, the 40th Parliament of the BC Legislature completed its 5th Session. The legislative assembly passed 24 bills. In this blog post, you’ll find a brief summary of the laws that were enacted. Two acts are particularly relevant to the work of BCLI and CCEL. Leading up to the promulgation of
- [BCLI receives visit from scholar researching strata properties and natural disasters](https://www.bcli.org/bcli-receives-visit-from-scholar-researching-strata-properties-and-natural-disasters/) - Earlier this month, Prof. Elizabeth Toomey visited BCLI to discuss legal issues that may arise for strata properties in the aftermath of a natural disaster. Prof. Toomey is a faculty member of the School of Law, University of Canterbury, which is located in Christchurch, New Zealand. In late 2010, the Canterbury earthquake struck that city, causing
- [Third-anniversary update of the Strata Property Law—Phase Two Project](https://www.bcli.org/third-anniversary-update-of-the-strata-property-law-phase-two-project/) - BCLI officially started Phase Two of the Strata Property Law Project on 4 July 2013. This post is a review of the highlights of the project’s first three years. Terminating a strata The early years of the project were focussed on terminating a strata. In 2014, the committee published its Consultation Paper on Terminating a Strata
- [BC Supreme Court finds strata corporation responsible for installing railings needed to bring rooftop balcony up to code](https://www.bcli.org/bc-supreme-court-finds-strata-corporation-responsible-for-installing-railings-needed-to-bring-rooftop-balcony-up-to-code/) - In Frank v The Owners Strata Plan LMS 355, 2016 BCSC 1206, the Supreme Court of British Columbia considered whether a strata corporation or a strata-lot owner who has the benefit of a limited-common-property rooftop balcony should be held responsible for bringing the balcony up to the standard required by the BC Building Code. The
- [Alex Longson joins Strata Property Law (Phase Two) Project Committee](https://www.bcli.org/alex-longson-joins-strata-property-law-phase-two-project-committee/) - BCLI is pleased to welcome Alex Longson as a new member of its volunteer committee for the Strata Property Law Project—Phase Two. Alex started his career in real estate in 2005, shortly after emigrating from the United Kingdom, where he had 20 years' experience in the automotive-engineering industry working as a test engineer for Ford
- [Civil Resolution Tribunal to begin early intake of strata claims in mid-July](https://www.bcli.org/civil-resolution-tribunal-to-begin-early-intake-of-strata-claims-in-mid-july/) - British Columbia’s Civil Resolution Tribunal has just announced that it will start accepting strata-property claims for early intake on 13 July 2016. Early intake will give people involved in strata-property disputes and the tribunal “a chance to test our process to make sure it works as well as possible for the public once we’re fully open. It
- [Update on Western Australia strata-property reform: New legislation “unlikely” in 2016](https://www.bcli.org/update-on-western-australia-strata-property-reform-new-legislation-unlikely-in-2016/) - As part of its Strata Property Law Project—Phase Two, BCLI is following reform efforts unfolding in other jurisdictions, such as Ontario, New South Wales, and Western Australia. Earlier this month, Landgate—a major contributor to Western Australia’s project—published an update on progress in that state. The update quoted Western Australia’s minister for lands: Recently the Minister for
- [New rules on terminating a strata in force](https://www.bcli.org/new-rules-on-terminating-a-strata-in-force/) - New rules on terminating a strata came into force on 28 July 2016. At that time, order in council 592/2016 was adopted. The order in council brought into force the termination provisions of Bill 40, Natural Gas Development Statutes Amendment Act, 2015. These provisions amended part 16 of the Strata Property Act, which deals with cancelling
- [Scottish Law Commission Updates Third Party Rights in Contract Law](https://www.bcli.org/scottish-law-commission-updates-third-party-rights-in-contract-law/) - The Scottish Law Commission recently released its report on third party rights in contract law. In jurisdictions such as England and Canada, strangers to a contract (termed “third parties”) are generally not permitted rights under it, but exceptions exist. This rule is known as privity of contract. By contrast, Scots law allows a contract, in
- [BCLI Announces Re-Appointment of the Honourable Marion J Allan to Board of Directors](https://www.bcli.org/bcli-announces-re-appointment-of-the-honourable-marion-j-allan-to-board-of-directors/) - We are pleased to announce that the Honourable Marion J. Allan has been re-appointed to the British Columbia Law Institute Board of Directors. Ms. Allan will serve as a representative of the Canadian Bar Association BC Branch. Her three-year term begins 1 August 2016. Ms. Allan graduated from UBC with a BA in 1967, from
- [The Cayman Islands Law Reform Commission Releases Consultation Paper on the Law of Contempt](https://www.bcli.org/the-cayman-islands-law-reform-commission-releases-consultation-paper-on-the-law-of-contempt/) - The Cayman Islands Law Reform Commission recently issued a consultation paper on the law of contempt, including a draft Contempt of Court Bill and draft amendments to the Penal Code. The law of contempt generally refers to “contempt of court.” But what does that term mean and why might the law surrounding it need to
- [Manitoba Law Reform Commission seeking public comment on substitute powers of attorney](https://www.bcli.org/manitoba-law-reform-commission-seeking-public-comment-on-substitute-powers-of-attorney/) - The Manitoba Law Reform Commission has just published its Consultation Report on Substitute Powers of Attorney under The Powers of Attorney Act (PDF). The report is asking the public to comment on a proposal to reform Manitoba’s Powers of Attorney Act. Section 21 of Manitoba’s act deals with renunciation of a person’s appointment to act as an
- [Law Reform Commission of Saskatchewan Issues Consultation Paper on The Intestate Succession Act, 1996](https://www.bcli.org/law-reform-commission-of-saskatchewan-issues-consultation-paper-on-the-intestate-succession-act-1996/) - The Law Reform Commission of Saskatchewan recently issued a consultation paper on The Intestate Succession Act, 1996. The Act determines how an estate is divided in Saskatchewan when there is no valid will, or if there is a portion of an estate left after the will is applied. Just over half of Canadian adults do
- [Law Reform Commission of Saskatchewan Issues Consultation Paper on The Homesteads Act, 1989](https://www.bcli.org/law-reform-commission-of-saskatchewan-issues-consultation-paper-on-the-homesteads-act-1989/) - The Law Reform Commission of Saskatchewan recently issued a consultation paper on The Homesteads Act, 1989. The Act protects spouses who do not own their homes against the sale, mortgaging, or other disposition of the spousal home without their prior written consent. The Commission explains the difference between family property rights and rights under homestead
- [New South Wales: New strata-property legislation in force 30 November 2016](https://www.bcli.org/new-south-wales-new-strata-property-legislation-in-force-30-november-2016/) - NSW Fair Trading has announced that New South Wales will have new strata-property legislation coming into force on 30 November 2016. The legislation will herald “a new era for strata” in New South Wales. The new legislation consists of two statutes called the Strata Schemes Management Act 2015 and the Strata Schemes Development Act 2015. NSW Fair Trading notes that
- [BCLI opens public consultation on complex stratas](https://www.bcli.org/bcli-opens-public-consultation-on-complex-stratas/) - With the publication today of its Consultation Paper on Complex Stratas, the British Columbia Law Institute’s Strata Property Law Project Committee is asking the public for its views on proposed reforms to the Strata Property Act and the Strata Property Regulation concerning sections, types, and phases. “Sections and types allow a strata corporation to manage
- [BCLI holds AGM, elects new officers](https://www.bcli.org/bcli-holds-agm-elects-new-officers/) - The British Columbia Law Institute held its annual general meeting on Wednesday, August 31, 2016 and elected its officers for the coming year: Chair: Lisa A. Peters Vice Chair: Thomas L. Spraggs Treasurer: Professor Joost Blom, Q.C. Secretary: Kevin Zakreski “I wish to thank Professor Joost Blom, Q.C. for his service to the BCLI as
- [BC Human Rights Tribunal considers application of new service-dog law to strata bylaws, dismisses complaint alleging discrimination in accommodation based on a disability](https://www.bcli.org/bc-human-rights-tribunal-considers-application-of-new-service-dog-law-to-strata-bylaws-dismisses-complaint-alleging-discrimination-in-accommodation-based-on-a-disability/) - In an application decided in late July, the British Columbia Human Rights Tribunal had to consider the intersection of strata bylaws, the Human Rights Code, and the new Guide Dog and Service Dog Act. The tribunal dismissed a complaint of discrimination on the basis of disability, which had its foundation in a strata corporation’s enforcement
- [BCLI Announces Re-Appointment of Rosario (Tino) Di Bella  to Board of Directors](https://www.bcli.org/bcli-announces-re-appointment-of-rosario-tino-di-bella-to-board-of-directors/) - The British Columbia Law Institute (BCLI) is pleased to announce that the Ministry of Justice has re-appointed Rosario (Tino) Di Bella to our Board of Directors. Mr Di Bella practices law in Victoria with Jawl Bundon LLP. He brings expertise in law and aging, personal planning, land use, finance, and governance. He has served on
- [Susan Mercer joins the Strata Property Law (Phase Two) Project Committee](https://www.bcli.org/susan-mercer-joins-the-strata-property-law-phase-two-project-committee/) - Susan Mercer has joined the project committee for BCLI’s Strata Property Law Project—Phase Two. Susan is a notary public based in Sidney, BC. She has been in practice since 1986. Her practice has specialized in real-estate transactions, including many strata properties. Susan is also a graduate of the UBC Urban Land Economics Diploma Program (2002).
- [Minister of national revenue and CRA open consultations on charities’ political activities](https://www.bcli.org/minister-of-national-revenue-and-cra-open-consultations-on-charities-political-activities/) - Earlier this week the minister of national revenue announced the opening of “public consultations to clarify the rules regarding the involvement of registered charities in political activities.” The first component of this consultation is an online consultation hosted by the Canada Revenue Agency. This consultation is asking for public comment in the following three broad areas: carrying
- [BC Human Rights Tribunal finds strata corporation discriminated against owner in handling smoking complaints, offers advice to stratas on how to deal with requests for accommodation related to second-hand smoke](https://www.bcli.org/bc-human-rights-tribunal-finds-strata-corporation-discriminated-against-owner-in-handling-smoking-complaints-offers-advice-to-stratas-on-how-to-deal-with-requests-for-accommodation-related-to-second/) - In a decision released late last month, the British Columbia Human Rights Tribunal offered some guidance to strata corporations and strata-lot owners in handling requests for accommodation due to second-hand smoke. Leary v Strata Plan VR1001, 2016 BCHRT 139, involved a complaint that a strata corporation was discriminating against a strata-lot owner in accommodation, service,
- [New BC Franchises Act and regulations in force on 1 February 2017](https://www.bcli.org/new-bc-franchises-act-and-regulations-in-force-on-1-february-2017/) - The Franchises Act and regulations will come into force on 1 February 2017, according to an announcement today by the Ministry of Small Business and Red Tape Reduction . The Act was passed in 2015 following a BCLI report that recommended BC enact franchise legislation similar to that already in force in Alberta, Manitoba, Ontario,
- [New members named to the real estate council](https://www.bcli.org/new-members-named-to-the-real-estate-council/) - Yesterday the Minister of Finance for British Columbia announced the appointment of nine new members to the Real Estate Council of British Columbia. Among the appointments is a new council chair: Robert D. Holmes is appointed as chair of the council. Holmes brings a wealth of legal expertise to the council, having worked as a litigation
- [Manitoba Law Reform Commission seeking comments on reforming the small-claims system in Manitoba](https://www.bcli.org/manitoba-law-reform-commission-seeking-comments-on-reforming-the-small-claims-system-in-manitoba/) - The Manitoba Law Reform Commission is asking the public for comments on Manitoba’s small claims court. Published as part of the commission’s Access to Courts and Court Processes Project, the Consultation Report on Improving the Small Claims System in Manitoba (PDF) makes five provisional recommendations for comment: The monetary limit under the Small Claims Practices Act
- [An update on the public consultation on complex stratas](https://www.bcli.org/an-update-on-the-public-consultation-on-complex-stratas/) - It’s been just over two months since BCLI published the Strata Property Law (Phase Two) Project Committee’s Consultation Paper on Complex Stratas (PDF). So we're at about the half-way point for this public consultation on reforms to the Strata Property Act’s approach to sections, types, and phases. So far, the committee has received 22 responses,
- [Hong Kong Law Reform Commission recommends reforms to support third-party funding for arbitration](https://www.bcli.org/hong-kong-law-reform-commission-recommends-reforms-to-support-third-party-funding-for-arbitration/) - The Law Reform Commission of Hong Kong has just published a final report that caps off its project on third-party funding for arbitration. The Report on Third Party Funding for Arbitration (PDF) contains the commission’s final recommendations for reform of Hong Kong’s Arbitration Ordinance. This report covers some topics that are of interest to BCLI’s ongoing
- [BCLI Announces Appointment of Brent Olthuis to Board of Directors](https://www.bcli.org/bcli-announces-appointment-of-brent-olthuis-to-board-of-directors/) - The British Columbia Law Institute is pleased to announce that Brent Olthuis of the Vancouver law firm Hunter Litigation Chambers has joined our Board of Directors as a Member at Large. Mr. Olthuis is an experienced litigator whose broad practice in civil, commercial, administrative and constitutional law has brought him before all levels of court
- [Ian Holt joins the Strata Property Law (Phase Two) Project Committee](https://www.bcli.org/ian-holt-joins-the-strata-property-law-phase-two-project-committee/) - BCLI’s Strata Property Law (Phase Two) Project Committee welcomes Ian Holt as its newest committee member. Ian started his career in real-estate sales in 1993. He is currently a real-estate agent with Re/Max Real Estate Services in Vancouver. Ian specializes and has sold many strata properties throughout his career. Ian is a member of the
- [Societies Act comes into force today](https://www.bcli.org/societies-act-comes-into-force-today/) - Today British Columbia’s new not-for-profit corporate statute, the Societies Act, comes into force. The new act replaces the old Society Act. Today also marks the beginning of a two-year transition period, for existing societies to transition from the old act to the new act. Both the government of British Columbia (PDF) and the People's Law
- [Update on Australian strata-property reform](https://www.bcli.org/update-on-australian-strata-property-reform/) - While BCLI works on its own Strata Property Law Project—Phase Two, it has been keeping abreast of developments in Australian strata-property law. Two Australian states have just made announcements on the progress of their new strata-property legislation. In New South Wales, what has been described as a “new era” for strata properties began on 30 November
- [Scottish Law Commission consulting on penalty clauses in contracts](https://www.bcli.org/scottish-law-commission-consulting-on-penalty-clauses-in-contracts/) - The Scottish Law Commission has just published its Discussion Paper on Penalty Clauses (PDF). In a news release (PDF) accompanying the discussion paper, the commission notes that it is “raising for consultation purposes the possibilities that the rule be abolished outright, or be completely replaced by new, much better-targeted rules to deal appropriately with real abuses
- [BC Court of Appeal allows beneficial owner to challenge strata-corporation bylaws and votes](https://www.bcli.org/bc-court-of-appeal-allows-beneficial-owner-to-challenge-strata-corporation-bylaws-and-votes/) - In The Owners, Strata Plan NW 499 v Louis, 2016 BCCA 494, the Court of Appeal for British Columbia considered an appeal from a decision of BC Supreme Court judge in chambers (Strata Plan NW 499 v Kirk, 2015 BCSC 1487). The appeal court dismissed arguments that numerous sections of the Strata Property Act should be
- [BCLI Congratulates Lisa A. Peters and Tony Wilson on being appointed Queen's Counsel](https://www.bcli.org/bcli-congratulates-lisa-a-peters-and-tony-wilson-on-being-appointed-queens-counsel/) - British Columbia Law Institute congratulates Board Chair Lisa A. Peters, Q.C. on being appointed Queen's Counsel. Peters, who has served on BCLI's Board of Directors since 2010, is the Senior Research and Opinions Partner with Lawson Lundell LLP and has held the position of BCLI Board Chair since late 2016. The appointment, which was announced by Attorney General
- [Strata Property Law Project: 2016 year-end update](https://www.bcli.org/strata-property-law-project-2016-year-end-update/) - 2016 saw significant progress made on BCLI’s Strata Property Law Project—Phase Two. One major publication was released, the Consultation Paper on Complex Stratas (PDF). The project committee also made noteworthy progress on its examination of selected governance, common-property, and land-title issues. Three new members joined the project committee. BCLI received two visits from international scholars
- [Strata corporation ordered to reimburse owner for cost of replacing windows and patio door](https://www.bcli.org/strata-corporation-ordered-to-reimburse-owner-for-cost-of-replacing-windows-and-patio-door/) - In a case heard on appeal from small claims court, the BC Supreme Court has upheld an order that “the Strata Corporation to pay the respondent $3,950, together with court filing and service fees and court-ordered interest,” to compensate a strata-lot owner for costs he incurred in “replacing four windows and the patio door of his
- [New regulations address Societies Act and student-society fees](https://www.bcli.org/new-regulations-address-societies-act-and-student-society-fees/) - The BC government has announced the adoption of two new regulations, designed to address the impact of the Societies Act on fees collected from members of a student society. The announcement describes the purpose of the new regulations as follows: New regulations ensure that student society fees can continue to be collected from all students at public post-secondary
- [Ontario court holds that condominium validly prohibited short-term rentals](https://www.bcli.org/ontario-court-holds-that-condominium-validly-prohibited-short-term-rentals/) - Short-term rentals, which are often enabled by online services, have become an increasing concern for strata corporations. A recent court decision from Ontario illustrates the conflicts that may arise when owners engage in short-term rentals and the tools that strata corporations may have to deal with the issue. Ottawa-Carleton Standard Condominium Corporation No. 961 v
- [Greater Rural Broadband Access Can Mean Greater Access to Justice](https://www.bcli.org/greater-rural-broadband-access-can-mean-greater-access-to-justice/) - Greater access to justice may be an indirect consequence of the CRTC decision on 21 December 2016 requiring internet providers to dedicate resources to expanding and enhancing high-speed internet service in rural and remote areas of Canada. As BCLI’s study paper Technology-Assisted and Remote Evidence Presentation: A Practice Resource points out, legal barriers to conducting
- [BCLI turns 20 today!](https://www.bcli.org/bcli-turns-20-today/) - 20 years ago today the British Columbia Law Institute was incorporated under the BC Society Act. In 2017 we plan to celebrate our many achievements and successes. We will be hosting two events to thank our many past and present committee volunteers, board members, staff, students, funders and supporters without whom we could not have
- [BC Supreme Court approves strata corporation’s remediation resolution](https://www.bcli.org/bc-supreme-court-approves-strata-corporations-remediation-resolution/) - Section 173 (2) of the Strata Property Act allows a strata corporation to apply to the supreme court for an order relating to “a special levy to raise money for the maintenance or repair of common property or common assets.” There are a couple of conditions that have to be met before the order may be
- [Finding on whether strata plan contained errors in designating limited common property necessary to determine outcome of strata-property parking dispute](https://www.bcli.org/finding-on-whether-strata-plan-contained-errors-in-designating-limited-common-property-necessary-to-determine-outcome-of-strata-property-parking-dispute/) - In Chow v The Owners, Strata Plan NW 3243, 2017 BCCA 28, the BC Court of Appeal set aside a supreme-court decision and returned a petition to that court for a new hearing. The case involved consideration of whether failure to amend a strata plan under section 257 of the Strata Property Act was significantly
- [Alberta Lawyers Set to Launch New Project Promoting Limited Scope Legal Services](https://www.bcli.org/alberta-lawyers-set-to-launch-new-project-promoting-limited-scope-legal-services/) - In March 2017, a team of Alberta lawyers, in partnership with the Canadian Research Institute for Law and the Family, will launch The Alberta Limited Legal Services Project. Funded by the Law Foundation of Ontario, the aim of the 18-month project is to research and report on the impact of lawyers providing limited scope legal
- [BCLI named Clicklaw organization of the month](https://www.bcli.org/bcli-named-clicklaw-organization-of-the-month/) - Clicklaw is a leading source of legal information, education, and help for British Columbians. Drawing on resources from over 25 contributors made up of legal organizations in British Columbia, Clicklaw boasts a wealth of information designed to help British Columbians solve legal problems, find legal help, research the law, and learn about law reform. BCLI is pleased to
- [BCLI welcomes recognition in CBABC Agenda for Justice 2017](https://www.bcli.org/bcli-welcomes-recognition-in-cbabc-agenda-for-justice-2017/) - In its just-published Agenda for Justice 2017, the Canadian Bar Association, BC Branch, has endorsed four BCLI reports. This places these reports among the “series of justice and legislative reforms aimed at improving access to justice for all British Columbians” that make up the Agenda for Justice 2017. “BCLI is grateful to receive CBABC’s endorsement
- [Franchises Act Coming Into Force on 1 February 2017](https://www.bcli.org/franchises-act-coming-into-force-on-1-february-2017/) - The Franchises Act, an important piece of commercial legislation that is highly supportive of small business and entrepreneurship in the province, is in force as of 1 February 2017. Passage of the Franchises Act in 2015 followed quickly after the issuance of the BCLI Report on a Franchise Act for British Columbia, which recommended that BC
- [CBABC’s Agenda for Justice and BCLI’s Financing Litigation Legal Research Project](https://www.bcli.org/cbabcs-agenda-for-justice-and-bclis-financing-litigation-legal-research-project/) - On February 1, 2017, the BC Branch of the Canadian Bar Association (CBABC) released its report, An Agenda for Justice (PDF), containing more than 30 recommendations for reform to strengthen and improve access to justice in British Columbia. The report calls for corrective action by the province in four key areas to address issues of
- [Government of Canada Reinstates Court Challenges Program](https://www.bcli.org/government-of-canada-reinstates-court-challenges-program/) - On February 7, 2017, in a joint news release from the Department of Canadian Heritage and the Department of Justice Canada, the Court Challenges Program (“CCP”) was reinstated. With an annual budget of $5 million, the goal of the CCP is to “better reflect changes in the Canadian jurisprudence by expanding the scope of eligible
- [Manitoba Law Reform Commission Releases Final Report on Improving the Small Claims System](https://www.bcli.org/manitoba-law-reform-commission-releases-final-report-on-improving-the-small-claims-system/) - The Manitoba Law Reform Commission released its final report, Improving the Small Claims System in Manitoba, as part of the commission’s larger project on Access to Courts and Court Processes. The final report contains the commission’s eleven recommendations for reform of the province’s Small Claims process. Background of the Project In March 2012, the commission
- [Strata corporation’s fines against business owner found to be significantly unfair](https://www.bcli.org/strata-corporations-fines-against-business-owner-found-to-be-significantly-unfair/) - In Omnicare Pharmacy Ltd v The Owners, Strata Plan LMS 2854, 2017 BCSC 256, a strata corporation and an owner of a nonresidential strata lot grappled with some of the challenges of “[l]iving and operating a business on the Downtown Eastside.” The case involved a longstanding dispute over whether the owner’s business attracted conduct that could
- [An Update on the Civil Resolution Tribunal](https://www.bcli.org/an-update-on-the-civil-resolution-tribunal/) - While the BCLI is working on projects to reform the Strata Property Act and to identify opportunities for financing litigation, the Civil Resolution Tribunal (CRT) continues to implement new programs that will bring changes in both areas. The CRT has been handling strata property disputes since last year. Last month, in a presentation to the
- [Manitoba Law Reform Commission calls for streamlining of rules governing substitute attorneys](https://www.bcli.org/manitoba-law-reform-commission-calls-for-streamlining-of-rules-governing-substitute-attorneys/) - In its recently published report Creating Efficiencies in the Law: Substitute Powers of Attorney (PDF), the Manitoba Law Reform Commission has recommended that Manitoba’s Powers of Attorney Act be amended to streamline the process of allowing a successor attorney appointed under an enduring power of attorney to step in if the original attorney ceases to act. Under
- [Strata corporation’s duty to repair “may include work necessary to make good or sound that which may never have been good or sound”: BC Court of Appeal](https://www.bcli.org/strata-corporations-duty-to-repair-may-include-work-necessary-to-make-good-or-sound-that-which-may-never-have-been-good-or-sound-bc-court-of-appeal/) - In Frank v The Owners, Strata Plan LMS 355, 2017 BCCA 92, the Court of Appeal for British Columbia considered an appeal from a supreme-court decision that had held a strata corporation responsible to install railings needed to bring a recreational rooftop deck up to code. The court of appeal upheld the earlier decision, noting that
- [A look back at recommendations on mental capacity and retaining legal counsel](https://www.bcli.org/a-look-back-at-recommendations-on-mental-capacity-and-retaining-legal-counsel/) - It’s been just over a month since the BC Branch of the Canadian Bar Association published its Agenda for Justice 2017. The agenda explicitly called for the implementation of four BCLI reports. But aspects of the agenda may have an implicit bearing on past BCLI work. For example, the agenda proposes amending the Mental Health Act to
- [BC Human Rights Tribunal allows second-hand smoking complaint to proceed against strata corporation](https://www.bcli.org/bc-human-rights-tribunal-allows-second-hand-smoking-complaint-to-proceed-against-strata-corporation/) - Second-hand smoke continues to be a problem for strata corporations and strata-lot owners. The latest case gave the BC Human Rights Tribunal an opportunity to apply the guidance formulated as part of the tribunal’s 2016 decision in Leary v Strata Plan VR1001, 2016 BCHRT 139. Talbot v Strata Plan LMS 1351 and another, 2017 BCHRT 59,
- [Transfer of strata corporation’s lawsuit from small claims to supreme court must be authorized by three-quarter vote](https://www.bcli.org/transfer-of-strata-corporations-lawsuit-from-small-claims-to-supreme-court-must-be-authorized-by-three-quarter-vote/) - According to section 171 of the Strata Property Act, before a strata corporation commences a lawsuit in BC Supreme Court, “the suit must be authorized by a resolution passed by a 3/4 vote at an annual or special general meeting.” In contrast, this authorization by resolution passed by a 3/4 vote isn’t needed “for a proceeding under
- [LCO Releases Final Report on Legal Capacity, Decision-making and Guardianship](https://www.bcli.org/lco-releases-final-report-on-legal-capacity-decision-making-and-guardianship/) - On March 8, 2017, the Law Commission of Ontario (LCO) released its final report on Legal Capacity, Decision-making and Guardianship (PDF). The project, which began at the end of 2012, is the LCO’s largest research and consultation initiative to date. For four years, the LCO heard from close to 800 individuals and organizations through interviews,
- [The National Self-Represented Litigants Project launches a Legal Coaching Project](https://www.bcli.org/the-national-self-represented-litigants-project-launches-a-legal-coaching-project/) - In January 2017, the National Self-Represented Litigants Project (NSRLP) launched a new legal coaching project. NSRLP Research Fellow Nikki Gershbain will lead the initiative, which was made possible by a fellowship from the Law Foundation of Ontario. With this project, the NSRLP will continue to build on their 2013 National Study, which highlighted the lack
- [Changes coming to Civil Resolution Tribunal and Small Claims Court](https://www.bcli.org/changes-coming-to-civil-resolution-tribunal-and-small-claims-court/) - On March 20th 2017, the Government of British Columbia announced two changes that will have an impact on how small claims disputes are resolved in the province. In June, the Provincial Court’s jurisdiction for small claims cases will increase from disputes up to $25,000 to disputes up to $35,000. This change is accompanied by the
- [Complaint alleging strata corporation’s refusal to grant hardship exemption from its rental-restriction bylaw allowed to proceed to hearing](https://www.bcli.org/complaint-alleging-strata-corporations-refusal-to-grant-hardship-exemption-from-its-rental-restriction-bylaw-allowed-to-proceed-to-hearing/) - In a recent decision, the BC Human Rights Tribunal has allowed a complaint of discrimination in the area of accommodation, service, or facility on the basis of ancestry, mental disability, or physical disability contrary to section 8 of the Human Rights Code to proceed to a hearing. Talbot v Strata Plan LMS 1351, 2017 BCHRT 69,
- [CRT roundup—bylaws, repairs, and significant change in use or appearance of common property](https://www.bcli.org/crt-roundup-bylaws-repairs-and-significant-change-in-use-or-appearance-of-common-property/) - March 2017 has seen two strata-property decisions from the Civil Resolution Tribunal. Unauthorized amendment of bylaws and repair of deck Fournier v The Owners, Strata Plan LMS 768, 2017 CRTBC 11 (PDF), concerned decisions taken at, and actions flowing from, a strata corporation’s special general meeting. At the meeting, two resolutions were approved: one amending the
- [BCLI Issues 4th Edition of  Questions and Answers About Pension Division  on the Breakdown of a Relationship in British Columbia](https://www.bcli.org/bcli-issues-4th-edition-of-questions-and-answers-about-pension-division-on-the-breakdown-of-a-relationship-in-british-columbia/) - BCLI has issued the 4th revision of its publication Questions and Answers About Pension Division on the Breakdown of a Relationship in British Columbia. Among the most frequently accessed resources on the BCLI website, Questions and Answers is widely used by family law practitioners, pension plan administrators, and estate planners as a source of detailed
- [The Alberta Law Reform Institute Recommends Abolishing Perpetuities Law](https://www.bcli.org/the-alberta-law-reform-institute-recommends-abolishing-perpetuities-law/) - On March 21, 2017, the Alberta Law Reform Institute (ALRI) published its report Abolition of Perpetuities Law. In the report, the ALRI recommends that Alberta follow Manitoba, Nova Scotia, and Saskatchewan in abolishing the rule against perpetuities. The Uniform Law Conference of Canada (ULCC) also recommended abolishing perpetuities law in its 2012 Uniform Trustee Act.
- [Completing complex-stratas consultation, making progress on governance issues highlights for latest quarter of Strata Property Law Project](https://www.bcli.org/completing-complex-stratas-consultation-making-progress-on-governance-issues-highlights-for-latest-quarter-of-strata-property-law-project/) - The first three months of 2017 were a time of transition for BCLI’s Strata Property Law Project—Phase Two. The consultation on complex stratas closed. The project committee began reviewing its final report for this part of the project. Meanwhile, the committee made progress on examining issues for the next part of the project, which tackles
- [Saskatchewan courts tackle cost sharing in condominiums](https://www.bcli.org/saskatchewan-courts-tackle-cost-sharing-in-condominiums/) - Late last month, Saskatchewan’s Court of Queen’s Bench issued two judgments examining cost sharing in a condominium property. Cost sharing has been front and centre in recent work in BCLI’s Strata Property Law Project, culminating in the publication of the Consultation Paper on Complex Stratas (PDF). The consultation paper examined how British Columbia’s legislation and
- [Ontario court issues injunction restraining condominium corporation from holding meeting to consider termination](https://www.bcli.org/ontario-court-issues-injunction-restraining-condominium-corporation-from-holding-meeting-to-consider-termination/) - In the wake of recent changes to the Strata Property Act, termination has become a topic of interest in British Columbia. A recent case from Ontario, where the Condominium Act, 1998, has a longstanding provision allowing termination and sale of a condominium property when “the owners of at least 80 per cent of the units, at the
- [Financing Litigation Legal Research Project - 2017 Update](https://www.bcli.org/financing-litigation-legal-research-project-2017-update/) - A great deal has happened with the BCLI’s Financing Litigation Legal Research Project since the last update in February 2016. A series of consultation sessions were held with experts to gather information, feedback and advice on the BCLI’s proposed topics of discussion. One-on-one interviews were also conducted with individuals who shared their knowledge and experiences
- [The Law Commission Publishes its Final Report on Mental Capacity and Deprivation of Liberty](https://www.bcli.org/the-law-commission-publishes-its-final-report-on-mental-capacity-and-deprivation-of-liberty/) - On March 13 2017, the Law Commission of England and Wales published its final report on Mental Capacity and Deprivation of Liberty. While the Commission is still awaiting response from government, the report culminates a three-year process which included one of the largest consultation efforts the Commission has undertaken. The project was meant to determine
- [Garrett Robinson joins the Strata Property Law Project Committee](https://www.bcli.org/garrett-robinson-joins-the-strata-property-law-project-committee/) - BCLI’s Strata Property Law (Phase Two) Project Committee welcomes Garrett Robinson as its newest committee member. Garrett started his career in real-estate sales in 1993. He is currently a realtor with Re/Max Crest Realty Westside in Vancouver. Garrett is a member of the Real Estate Board of Greater Vancouver and the Canadian Real Estate Association and
- [BC Supreme Court considers first application to appeal CRT decision](https://www.bcli.org/bc-supreme-court-considers-first-application-to-appeal-crt-decision/) - There is no automatic right to appeal a decision in a strata-property case by the Civil Resolution Tribunal. If a party disagrees with the CRT’s decision, the party may only appeal to the supreme court if all the other parties consent or if the court grants leave to appeal. Appeals are only allowed on a “question
- [Court finds strata-lot owners suffered “no prejudice” from arbitrators’ failure to advise them of the possibility of a mediated settlement](https://www.bcli.org/court-finds-strata-lot-owners-suffered-no-prejudice-from-arbitrators-failure-to-advise-them-of-the-possibility-of-a-mediated-settlement/) - Hunt v The Owners, Strata Plan LMS 2556, 2017 BCSC 786, is the latest chapter in a dispute involving the proposed installation of a heating, air-conditioning, and ventilation system on a strata’s limited-common-property balcony. Although the HVAC system was never actually installed, the prospect of its approval by the strata council drove neighboring strata-lot owners to
- [Federal government suspends coming-into-force of CASL’s private right of action](https://www.bcli.org/federal-government-suspends-coming-into-force-of-casls-private-right-of-action/) - Canada’s anti-spam legislation (CASL) prohibits people from sending commercial electronic messages (such as email, text messages, and private social-media messages) to someone unless the sender has: (1) obtained consent, (2) provided identification information, and (3) provided an unsubscribe mechanism. CASL applies to both for-profit businesses and not-for-profit charities and organizations. Contravening CASL’s provisions could leave a
- [New coming-into-force dates announced for Ontario condo reforms](https://www.bcli.org/new-coming-into-force-dates-announced-for-ontario-condo-reforms/) - A report has surfaced in Ontario that the ministry of government and consumer services has announced new dates on which provisions of the Protecting Condominium Owners Act, 2015 (PDF), are projected to come into force. The Protecting Condominium Owners Act, 2015, is the fruit of a major law-reform initiative in Ontario. It significantly amends Ontario’s Condominium Act,
- [BCLI calls for reforms to strata sections, types, and phases](https://www.bcli.org/bcli-calls-for-reforms-to-strata-sections-types-and-phases/) - In the Report on Complex Stratas (PDF), published today, the British Columbia Law Institute’s Strata Property Law Project Committee is calling for reforms to the Strata Property Act and the Strata Property Regulation to improve sections, types, and phases—the three tools used to manage legal issues arising from complex stratas. The report recommends 68 reforms, including: 29
- [CRT Roundup—Limited common property, rental restrictions, responsibility to repair, unauthorized expenditures, chargebacks, and tribunal jurisdiction](https://www.bcli.org/crt-roundup-limited-common-property-rental-restrictions-responsibility-to-repair-unauthorized-expenditures-chargebacks-and-tribunal-jurisdiction/) - This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 11 new decisions since the last post. Significant change in use or appearance of common property, rental restrictions, and second-hand smoke Wong v Section 1 of The Owners, Strata Plan N.W. 2320, 2017 BCCRT 25, was a wide-ranging
- [Strata Property Law Project’s fourth year marked by publication of Report on Complex Stratas](https://www.bcli.org/strata-property-law-projects-fourth-year-marked-by-publication-of-report-on-complex-stratas/) - Today is the fourth anniversary of BCLI’s Strata Property Law Project—Phase Two. Highlights of the project’s fourth year include completing work on complex stratas and making progress on selected governance, common property, and land-title issues. Completion of work on complex stratas The highlight of the year was the publication of the project’s second report, the Report
- [The Law Society of Upper Canada Releases Report with Proposed Amendments to the Rules on Contingency Fee Agreements](https://www.bcli.org/the-law-society-of-upper-canada-releases-report-with-proposed-amendments-to-the-rules-on-contingency-fee-agreements/) - On June 29, 2017, the Law Society of Upper Canada (“LSUC”) released its Professional Regulation Committee Report to Convocation, which contains the interim report of The Advertising & Fee Arrangements Issues Working Group (“Working Group”) on proposed amendments to Ontario’s contingency fee system. The topic of how contingency fee agreements function as a model to
- [Scottish Law Commission Publishes Discussion Paper on Remedies for Breach of Contract](https://www.bcli.org/scottish-law-commission-publishes-discussion-paper-on-remedies-for-breach-of-contract/) - The Scottish Law Commission announced earlier this week in a News Release that their Discussion Paper on Remedies for Breach of Contract has now been published. The Discussion Paper is part of a general review of Scots contract law. The News Release suggests that the Discussion Paper considers the tools available to parties when a
- [Ontario court orders internet service provider to disclose identity of author of allegedly defamatory emails](https://www.bcli.org/ontario-court-orders-internet-service-provider-to-disclose-identity-of-author-of-allegedly-defamatory-emails/) - Carleton Condominium Corporation No 282 v Yahoo! Inc, 2017 ONSC 4385, is an interesting case that displays the intersection of condominium law, civil procedure, and the tort of defamation. The case was an application launched as a prelude to a defamation proceeding. The plaintiff was a condominium corporation, which claimed that its board of directors
- [BC Supreme Court holds that a positive obligation in an easement is not binding on subsequent landowners](https://www.bcli.org/bc-supreme-court-holds-that-a-positive-obligation-in-an-easement-is-not-binding-on-subsequent-landowners/) - In The Owners, Strata Plan NWS 3457 v The Owners, Strata Plan LMS 1425, 2017 BCSC 1346, the Supreme Court of British Columbia considered “whether an obligation to pay certain expenses contained in an agreement registered against title to parcels of land can bind subsequent owners of the land.” Much like the court’s decision earlier this
- [Ontario Court of Appeal affirms strata corporation’s plan to manage parking through bylaw allowing allocation of spaces by lease](https://www.bcli.org/ontario-court-of-appeal-affirms-strata-corporations-plan-to-manage-parking-through-bylaw-allowing-allocation-of-spaces-by-lease/) - In Cheung v York Region Condominium, 2017 ONCA 633, the Ontario Court of Appeal affirmed a decision from last year on a suburban Toronto condominium’s “toxic parking situation.” The facts of the case, as summarized by the court, were: There are 34 units in this complex, of which the appellant owns three. She has leased her units to
- [The Manitoba Law Reform Commission Releases Consultation Report on Small Estates](https://www.bcli.org/the-manitoba-law-reform-commission-releases-consultation-report-on-small-estates/) - Just this week, the Manitoba Law Reform Commission published its consultation report entitled, “Updating the Administration of Small Estates in Manitoba.” The consultation report considers possible legislative amendments that might improve how law and procedure operate during the administration of small estates. The Commission notes that ordinarily, there are legal and administrative costs and burdens
- [Final Reflections on My Summer with BCLI and CCEL](https://www.bcli.org/final-reflections-on-my-summer-with-bcli-and-ccel/) - As I wrap up some of the final items on my task list today, I’ve been reflecting on my summer and how much I’ve enjoyed the opportunity to work with the BCLI and CCEL team. My initial thought: “what a terrific opportunity this has been for me!” I’ve always been interested in law reform. I
- [Quarterly update for the Strata Property Law Project](https://www.bcli.org/quarterly-update-for-the-strata-property-law-project/) - During the period from July to September 2017 the Strata Property Law Project—Phase Two saw continued progress on the committee’s review of selected governance issues. There also continued to be interest in completed committee work. Progress on selected governance issues The committee held three meetings in the period in the quarter. The bulk of the time
- [BCLI Publishes a Study Paper on Financing Litigation](https://www.bcli.org/bcli-publishes-a-study-paper-on-financing-litigation/) - The Study Paper on Financing Litigation (PDF), published today, examines the traditional and alternative methods litigants use to pay for litigation. The cost of litigation is a significant barrier to accessing the justice system. While some disputes can be resolved outside the courtroom, litigation is often the only means to achieve an equitable result. However,
- [BCLI Project Committee Chair Interviewed on CBC Radio](https://www.bcli.org/employment-standards-act-reform-project-interviewed-on-cbc-radio/) - Tom Beasley, Chair of the BCLI Employment Standards Act Reform Project Committee, was interviewed on CBC Radio One on 13 October 2017. Coming up next: Tom Beasley, Chair of the BCLI Employment Standards Act Reform Project Committee, will be a panelist at the SFU Labour Studies Program’s conference The Ontario Changing Workplaces Review: Lessons for
- [New data from census provides a snapshot of condominiums in Canada](https://www.bcli.org/new-data-from-census-provides-a-snapshot-of-condominiums-in-canada/) - Statistics Canada has just released a wealth of information from its 2016 census of Canada. Its publication Housing in Canada: Key Results from the 2016 Census (PDF) contains an up-to-date picture of the place condominiums (strata properties) hold among housing options in this country. In section titled “Condominiums on the Rise,” Statistics Canada reports that,
- [Alberta: Update on new condominium legislation and new survey](https://www.bcli.org/alberta-update-on-new-condominium-legislation-and-new-survey/) - Earlier this month, Service Alberta made an announcement on the implementation of reforms to the province’s Condominium Property Act. The Condominium Property Amendment Act (PDF) passed the legislature in December 2014, but its coming into force has been contingent on the development of supporting regulations. Service Alberta will be taking a staged approach to implementing
- [Alberta Court of Appeal grapples with distribution of proceeds from strata’s termination](https://www.bcli.org/alberta-court-of-appeal-grapples-with-distribution-of-proceeds-from-stratas-termination/) - Kay Kay Corporation v Condominium Corporation No 072 4807, 2017 ABCA 335, was an appeal of a decision of chambers judge “to reduce the apportionment of the sale proceeds to 14 units out of a total of 188 condominium units.” Those “sale proceeds” resulted from a termination of the condominium under Alberta’s Condominium Property Act. The
- [Ontario condominium reforms come into effect today](https://www.bcli.org/ontario-condominium-reforms-come-into-effect-today/) - The bulk of the changes to Ontario’s Condominium Act, 1998, brought about by the Protecting Condominium Owners Act, 2015 (PDF), are slated to come into force on 1 November 2017. Marking this day, Ontario has posted a new set of forms for the act. Ontario’s Ministry of Government and Consumer Services also announced today that
- [Ontario court refuses to amend condominium’s declaration to remove provisions enabling short-term rentals](https://www.bcli.org/ontario-court-refuses-to-amend-condominiums-declaration-to-remove-provisions-enabling-short-term-rentals/) - With the advent of online services such as Airbnb, short-term rentals have been causing increasing anxiety for strata and condominium corporations across the country. This anxiety has spilled over into the courts, particularly in Ontario. Late last year, that province saw an important decision on a condominium corporation’s power to restrict short-term rentals. But another decision
- [Strata Property Law Project: 2017 year-end update](https://www.bcli.org/strata-property-law-project-2017-year-end-update/) - 2017 was a year of milestones for BCLI’s Strata Property Law Project—Phase Two. The project committee wrapped up its work on complex stratas. There were noteworthy developments on the new strata-termination legislation, which was inspired by the committee’s 2015 Report on Terminating a Strata (PDF). And the project saw significant progress made on the committee’s
- [Strata-property law: 2017 in review](https://www.bcli.org/strata-property-law-2017-in-review/) - 2017 has been a busy year in strata-property law, with interesting cases on termination, rental-restrictions, and unit entitlement, and progress on reform efforts across Canada. Here are some of the significant developments in 2017, as noted in the BCLI blog. January: The BC Court of Appeal overturned a supreme-court decision on whether errors in a
- [BCLI’s Study Paper on Financing Litigation Featured in The Lawyer’s Daily](https://www.bcli.org/bclis-study-paper-on-financing-litigation-featured-in-the-lawyers-daily/) - The BCLI is pleased to have the Study Paper on Financing Litigation (PDF) featured in an article by The Lawyer’s Daily, drawing both attention to the publication and raising awareness and discussion on this important topic. The overarching goal of the BCLI’s Financing Litigation Legal Research Project was to examine how litigants pay for litigation
- [BCLI Congratulates Board Member Margaret Mason on Queen’s Counsel Appointment](https://www.bcli.org/bcli-congratulates-board-member-margaret-mason-on-queens-counsel-appointment/) - British Columbia Law Institute congratulates Margaret Mason, Q.C. on being appointed Queen’s counsel on December 20, 2017. Margaret Mason is a lawyer and partner with Norton Rose Fulbright Canada LLP, where she leads the Charities and Tax-Exempt Organizations practice. She was recently recognized for her work in The Philanthropist’s 150 profiles. "Margaret is a long-time volunteer and
- [UVic Law Co-op Student at the BCLI](https://www.bcli.org/uvic-law-co-op-student-at-the-bcli/) - One of the many benefits of being a co-op student at the University of Victoria’s Faculty of Law is having access to a wide range of legal work. While many students seek out positions in law firms, I have always been more interested in alternative legal paths. In particular, I find my passion in analyzing,
- [Alberta Law Reform Institute Publishes Report for Discussion on Interprovincial Recognition of Substitute Decision-Making Documents](https://www.bcli.org/alberta-law-reform-institute-publishes-report-for-discussion-on-interprovincial-recognition-of-substitute-decision-making-documents/) - The Report for Discussion The Alberta Law Reform Institute (ALRI) published its report for discussion “Inter-Provincial Recognition of Substitute Decision-Making Documents” in December 2017. The report considers whether the Uniform Interjurisdictional Recognition of Substitute Decision-Making Documents Act (the Uniform Act) is suitable for implementation in Alberta. The Uniform Act was adopted by the Uniform Law
- [Scottish Law Commission Reports on Defamation Law Reform](https://www.bcli.org/scottish-law-commission-reports-on-defamation-law-reform/) - In its recent Report on Defamation, published on December 14, 2017, the Scottish Law Commission (SLC) says it aims to modernize and simplify Scots law regarding defamation and verbal injury “so as to ensure that it strikes the correct balance between the fundamental values of freedom of expression on the one hand and protection of
- [The Financing Litigation Legal Research Project: Alternative Methods of Improving Access to Justice](https://www.bcli.org/the-financing-litigation-legal-research-project-alternative-methods-of-improving-access-to-justice/) - BCLI’s Study Paper on Financing Litigation reviews six financing models that emerged both in Canada and internationally for how people pay for litigation. It also identifies 18 opportunities and ideas to consider for structural, systemic or legal change to enhance the use of each financing option in British Columbia. Throughout the consultation phase of the
- [Scottish Law Commission Publishes Three-Volume Report on Moveable Transactions](https://www.bcli.org/scottish-law-commission-publishes-three-volume-report-on-moveable-transactions/) - On December 19, 2017, the Scottish Law Commission (SLC) published a three-volume Report on Moveable Transactions. It recommends the substantial reform of Scots moveable transactions law, which the news release calls “badly outdated, unclear, and unduly restrictive.” “Moveables” in Scots law is a class of property largely analogous to personal property in the English common
- [BCLI invites the public to have its say on proposals for strata governance](https://www.bcli.org/bcli-invites-the-public-to-have-its-say-on-proposals-for-strata-governance/) - With the publication today of its Consultation Paper on Governance Issues for Stratas, the British Columbia Law Institute’s Strata Property Law Project Committee is asking the public for its views on proposed reforms to the Strata Property Act, the Strata Property Regulation, and the Schedule of Standard Bylaws to address pressing governance issues for strata
- [Alberta Law Reform Institute publishes Report on Competence and Communication in the Alberta Evidence Act](https://www.bcli.org/alberta-law-reform-institute-publishes-report-on-competence-and-communication-in-the-alberta-evidence-act/) - The Alberta Law Reform Institute (ALRI) has published its final report on recommendations to reform the Alberta Evidence Act “to facilitate the reception of evidence from children, adults with cognitive impairment, and witnesses who use alternative means of communication.” As ALRI notes, On occasion, a court must determine whether a proposed witness is credible or competent to
- [Strata Property Law Project update: highlight for first quarter of 2018 was consultation on governance](https://www.bcli.org/strata-property-law-project-update-highlight-for-first-quarter-of-2018-was-consultation-on-governance/) - The ongoing consultation on governance issues for stratas was the highlight of the first three months of 2018 for BCLI’s Strata Property Law Project—Phase Two. The first quarter of 2018 also saw the project committee make progress on land-title and insurance issues. And there were continuing developments in the courts on the Strata Property Act’s
- [Manitoba Law Reform Commission Releases Final Report on Small Estates](https://www.bcli.org/manitoba-law-reform-commission-releases-final-report-on-small-estates/) - Manitoba Law Reform Commission Releases Final Report on Small Estates On March 20th, the Manitoba Law Reform Commission (MLRC) released its final report entitled, Updating the Administration of Small Estates in Manitoba—Final Report #135. The report examines “possible amendments to improve the legislation and procedure related to the summary administration of small estates”, as part
- [The Financing Litigation Legal Research Project: Six-month Update](https://www.bcli.org/the-financing-litigation-legal-research-project-six-month-update/) - 2017 was an exciting year for BCLI’s Financing Litigation Legal Research Project, culminating in the publication of the Study Paper on Financing Litigation on October 4, 2017. The study paper has been well received by stakeholders, legal academics, lawyers and legal advocates alike. Study Paper on Financing Litigation The study paper examines the traditional and
- [British Columbia Government Proposes Changes to the Class Proceedings Act](https://www.bcli.org/british-columbia-government-proposes-changes-to-the-class-proceedings-act/) - On April 23rd, the provincial government introduced Bill 21, Class Proceedings Amendment Act, 2018. The purpose of Bill 21 is twofold, namely to amend BC’s Class Proceedings Act to facilitate certification and management of multi-jurisdictional class proceedings, and to enhance participation in class proceedings for both residents and non-residents of British Columbia. The amendments are
- [Manitoba Law Reform Commission Releases Consultation Report on Beneficiary Designations](https://www.bcli.org/manitoba-law-reform-commission-releases-consultation-report-on-beneficiary-designations/) - On April 10th, the Manitoba Law Reform Commission (MLRC) released its Consultation Report, The Beneficiary Designation Act (Retirement, Savings, and Other Plans). The report “considers possible amendments to improve the legislation and procedure related to beneficiary designations in Manitoba.” The MLRC report notes a gap in The Beneficiary Designation Act (“the Act”) with respect to
- [Tasmania Law Reform Institute Releases Final Report on Recidivist Drink Drivers](https://www.bcli.org/tasmania-law-reform-institute-releases-final-report-on-recidivist-drink-drivers/) - On April 17th 2018, the Tasmania Law Reform Institute (TLRI) released its final report, Responding to the Problem of Recidivist Drink Drivers – Final Report # 24. The report follows the TLRI’s release of its issues paper, Responding to the Problem of Recidivist Drink Drivers – Issues Paper # 23. The TLRI’s issues paper received
- [BCLI releases Consultation Paper on the Employment Standards Act](https://www.bcli.org/bcli-releases-consultation-paper-on-the-employment-standards-act/) - BCLI has issued a Consultation Paper on the Employment Standards Act to gather input from stakeholders and the general public on changes needed to the Act. The Employment Standards Act is an important piece of legislation that sets minimum standards for terms of employment and working conditions, and applies to most workplaces in BC. Responses
- [New Brunswick seeks feedback on Mechanics' Lien Act reform proposals](https://www.bcli.org/new-brunswick-seeks-feedback-on-mechanics-lien-act-reform-proposals/) - In May 2018, the Legislative Services Branch (LSB) of the Office of the Attorney General (New Brunswick) released Law Reform Notes #41. These notes consider potential reforms to New Brunswick’s Mechanics’ Lien Act (“the Act”) – a topic initially addressed in Law Reform Notes #40, released in December 2017. The LSB is now seeking feedback
- [Strata Property Law Project marks its fifth anniversary](https://www.bcli.org/strata-property-law-project-marks-its-fifth-anniversary/) - Today is the fifth anniversary of BCLI’s Strata Property Law Project—Phase Two. Highlights of the project’s fifth year include the consultation on governance issues for stratas and making progress on insurance issues and selected common-property and land-title issues. Consultation on governance issues The highlight of the year was the publication in March 2018 of the
- [Highlights from the Spring 2018 Legislative Session](https://www.bcli.org/highlights-from-the-spring-2018-legislative-session/) - On May 31st, 2018, the 41st Parliament of the British Columbia Legislature completed its 3rd Session. The Legislative Assembly passed 33 bills. This blog presents a summary of the laws that were enacted. The full list of bills passed by the Legislative Assembly during the most recent session includes the following (for a summary of
- [Alberta Law Reform Institute Update: Final Report on Property Division](https://www.bcli.org/alberta-law-reform-institute-update-final-report-on-property-division/) - On June 27th 2018, the Alberta Law Reform Institute (ALRI) released Final Report 112, Property Division: Common-law Couples and Adult Interdependent Partners. Before the release of the final report, ALRI engaged in an “intensive” consultative process, which involved: conducting public opinion research on common law relationships and expectations for property division; roundtable discussions with family
- [BCLI seeks input on insurance issues for stratas](https://www.bcli.org/bcli-seeks-input-on-insurance-issues-for-stratas/) - The British Columbia Law Institute’s Strata Property Law Project Committee has published its Consultation Paper on Insurance Issues for Stratas. The consultation paper asks the public for its views on proposals to reform how the Strata Property Act governs the legal issues relating to insurance for strata corporations. The consultation period is open until 15 December
- [Consultation on insurance, progress on land and governance issues mark the latest quarter of the Strata Property Law Project](https://www.bcli.org/consultation-on-insurance-progress-on-land-and-governance-issues-mark-the-latest-quarter-of-the-strata-property-law-project/) - Publishing the Consultation Paper on Insurance Issues for Stratas was the highlight of an active summer for BCLI’s Strata Property Law Project—Phase Two. The third quarter of 2018 also saw the project committee make progress on common property, land-title issues, and fundamental changes and on governance issues for stratas. As the project begins to wind down,
- [BCLI’s Study Paper on Financing Litigation Celebrates its First Anniversary](https://www.bcli.org/bclis-study-paper-on-financing-litigation-celebrates-its-first-anniversary/) - Today marks the one-year anniversary of BCLI’s Study Paper on Financing Litigation. The study paper has been well received by stakeholders, legal academics, lawyers and legal advocates alike. About the Study Paper on Financing Litigation The study paper examines the traditional and alternative methods litigants use to pay for litigation. The cost of litigation is
- [BC Law Institute Announces Changes on the Board of Directors](https://www.bcli.org/bc-law-institute-announces-changes-on-the-board-of-directors/) - On September 12th, the BC Law Institute held its Annual General Meeting and is pleased to announce the executive committee for 2018-2019: Thomas L. Spraggs, Chair Andrea Rolls, Vice Chair Margaret H. Mason Q.C., Treasurer Oliver Fleck, Secretary Lisa A. Peters Q.C., Past Chair BCLI is pleased to welcome to the Board Dr Elizabeth Adjin-Tettey,
- [FOLRAC considers diversity in decision-making at 2018 symposium](https://www.bcli.org/folrac-considers-diversity-in-decision-making-at-2018-symposium/) - On 11–12 October 2018 the Federation of Law Reform Agencies of Canada held its biennial symposium in Edmonton, on the campus of the University of Alberta. Each of FOLRAC’s member-agencies—the Alberta Law Reform Institute, the British Columbia Law Institute, the Law Commission of Ontario, the Law Reform Commission of Saskatchewan, and the Manitoba Law Reform
- [Increased fines for short-term accommodation strata bylaws in force today](https://www.bcli.org/increased-fines-for-short-term-accommodation-strata-bylaws-in-force-today/) - Back in July the ministry of municipal affairs and housing announced that it was amending the Strata Property Regulation to address concerns about short-term accommodation. These amendments have come into force today. They replace the existing section 7.1 of the regulation with a new provision that includes a special category of maximum fines for “a bylaw
- [BCLI releases Report on the Employment Standards Act](https://www.bcli.org/bcli-releases-report-on-the-employment-standards-act/) - BCLI has released its Report on the Employment Standards Act. The 300-page report contains 71 recommendations for changes to the Act to address contemporary and evolving circumstances in the 21st-century workplace. The Employment Standards Act applies to the majority of employees in BC. It sets minimum standards for most aspects of employment relationships except occupational
- [BCLI Congratulates Charles Gordon and Mary Hamilton on Queen’s Counsel Appointment](https://www.bcli.org/bcli-congratulates-charles-gordon-and-mary-hamilton-on-queens-counsel-appointment/) - British Columbia Law Institute congratulates two former project committee volunteers on being appointed Queen’s counsel on December 10, 2018 – Russell Charles Gordon and Mary Bridget Hamilton. Charles Gordon is a senior partner at Koskie Glavin Gordon, practising in the areas of labour, human rights and administrative law. Previously, he was an in-house labour counsel
- [Strata Property Law Project: 2018 year-end update](https://www.bcli.org/strata-property-law-project-2018-year-end-update/) - BCLI’s Strata Property Law Project—Phase Two had an active year in 2018. The project issued three publications and held three public consultations. These consultations took the project’s engagement with the public to new levels. They also set the stage for what will be a burst of publishing activity in 2019, which is set to be the
- [BCLI recommends new legislation to improve strata governance](https://www.bcli.org/bcli-recommends-new-legislation-to-improve-strata-governance/) - The British Columbia Law Institute’s Strata Property Law Project Committee is calling for reforms to the Strata Property Act, the Strata Property Regulation, and the Schedule of Standard Bylaws to enhance the governance of strata corporations. The Report on Governance Issues for Stratas is the third report published in the project. It represents over two years of
- [BCLI forms project committee to review pension division under part 6 of the Family Law Act](https://www.bcli.org/bcli-forms-project-committee-to-review-pension-division-under-part-6-of-the-family-law-act/) - The British Columbia Law Institute has formed a new project committee to assist it in carrying out its Pension Division Review Project. The committee will review part 6 of the Family Law Act, the Division of Pensions Regulation, and allied legislation and will help BCLI to form recommendations to reform the law. The members of the
- [BC Ministry of Labour launches consultation on Employment Standards Act changes, prominently mentions BCLI Report](https://www.bcli.org/bc-ministry-of-labour-launches-consultation-on-employment-standards-act-changes-prominently-mentions-bcli-report/) - The BC Ministry of Labour gave prominent mention to the BCLI Report on the Employment Standards Act in a proposal paper for a consultation that it began today on changes to the Employment Standards Act. The Ministry’s proposal paper addressing what it describes as “first areas of focus for future changes to the Act” contains
- [Government of Canada forms advisory committee on the charitable sector](https://www.bcli.org/government-of-canada-forms-advisory-committee-on-the-charitable-sector/) - Late last week, the Canada Revenue Agency announced the formation of a new advisory committee on the charitable sector. The purpose of the advisory committee is to serve as “a consultative forum for the Government of Canada to engage in meaningful dialogue with the charitable sector, to advance emerging issues relating to charities, and to ensure
- [BCLI calls for reforms to the Strata Property Act’s insurance provisions](https://www.bcli.org/bcli-calls-for-reforms-to-the-strata-property-acts-insurance-provisions/) - The British Columbia Law Institute’s Strata Property Law Project Committee is recommending amendments to the Strata Property Act, the Strata Property Regulation, and the Schedule of Standard Bylaws to enhance the legal framework that governs insurance in a strata property. Insurance is a concern for all homeowners. It is no less important for people whose
- [Pierre-Luc Chénier joins the Pension Division Review Project Committee](https://www.bcli.org/pierre-luc-chenier-joins-the-pension-division-review-project-committee/) - BCLI is pleased to announce that the Pension Division Review Project Committee has a new member. Pierre-Luc Chénier is assistant director of policy at the BC Pension Corporation. Pierre-Luc leads a team of analysts charged with advising the British Columbia public-sector pension plans and corporate clients on legislative compliance matters, and ensures proper liaison with
- [Two new reports the highlight of the first quarter of 2019 for the Strata Property Law Project](https://www.bcli.org/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 common property, land titles, and
- [Pension Division Review Project Committee considers transitional provisions, disability benefits at April meeting](https://www.bcli.org/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 section 253’s four subsections, with
- [Employment Standards Amendment Bill Would Implement BCLI Recommendations](https://www.bcli.org/employment-standards-amendment-bill-would-implement-bcli-recommendations/) - Recommendations contained in the BCLI Report on the Employment Standards Act are reflected in some provisions of the Employment Standards Amendment Act, 2019 (Bill 8), which had first reading on April 29, 2019. The BC Ministry of Labour media release relating to the bill notes that it incorporates recommendations made by BCLI, in addition to input
- [British Columbia Court of Appeal relies on BCLI report on Wills, Estates and Succession in Interpreting BC’s Wills, Estates and Succession Act.](https://www.bcli.org/british-columbia-court-of-appeal-relies-on-bcli-report-on-wills-estates-and-succession-in-interpreting-bcs-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 Queano, 2019 BCCA 150 concerned
- [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](https://www.bcli.org/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/) - 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. The cases were heard together
- [Target-benefit plans and commuted-value transfer were the focus of the Pension Division Review Project Committee’s May 2019 meeting](https://www.bcli.org/target-benefit-plans-and-commuted-value-transfer-were-the-focus-of-the-pension-division-review-project-committees-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: defined-benefit plans and defined-contribution plans.
- [British Columbia Law Institute joins over 51 partners in Access to Justice BC’s Triple Aim ](https://www.bcli.org/british-columbia-law-institute-joins-over-51-partners-in-access-to-justice-bcs-triple-aim/) - On behalf of the staff and board at the BCLI, I am proud to announce that BCLI joins with 51 justice organizations today to sign the Access to Justice Triple Aim, committing to a common goal to improve access to justice in BC and to action to pursue that goal. The Access to Justice Triple Aim
- [BCLI recommends reforms to the Strata Property Act’s legal framework for common property, land titles, and fundamental changes](https://www.bcli.org/bcli-recommends-reforms-to-the-strata-property-acts-legal-framework-for-common-property-land-titles-and-fundamental-changes/) - In the Report on Common Property, Land Titles, and Fundamental Changes for Stratas, the British Columbia Law Institute’s Strata Property Law Project Committee recommends amending the Strata Property Act and the Strata Property Regulation to shore up three key areas that help to define strata properties as interests in land. Strata plans are at the
- [Pension Division Review Project Committee continues examination of commuted-value transfer, tackles private annuities at June 2019 meeting](https://www.bcli.org/pension-division-review-project-committee-continues-examination-of-commuted-value-transfer-tackles-private-annuities-at-june-2019-meeting/) - At this month’s meeting, the Pension Division Review Project Committee continued its review of commuted-value transfer and began to examine private annuities. Section 115 of the Family Law Act applies to division of a pension with benefits determined under a defined-benefit-formula provision, if the pension is a “local plan” and it “has not commenced.” The
- [Quick facts about the Strata Property Law Project—Phase Two](https://www.bcli.org/quick-facts-about-the-strata-property-law-project-phase-two/) - BCLI has recently drawn the Strata Property Law Project—Phase Two to a close. Here are some statistics that measure activity in and public engagement with the project. project term: 6 years (July 2013 to June 2019) number of reports published: 5 number of consultation papers published: 5 number of recommendations for reform made: 206 number
- [Employment Standards Act Update Report](https://www.bcli.org/employment-standards-act-update-report/) - Staff Lawyer Greg Blue, QC, provided an overview of the Employment Standards Act Reform project for the BC Notaries Association's summer issue of The Scrivener (Volume 28 Number 2 Summer 2019). Click on the image below to access the full article.
- [Locked-in retirement accounts the focus of July 2019 Pension Division Review Project Committee meeting](https://www.bcli.org/locked-in-retirement-accounts-the-focus-of-july-2019-pension-division-review-project-committee-meeting/) - At this month’s meeting, the Pension Division Review Project Committee examined locked-in retirement accounts. British Columbia’s Pension Benefits Standards Act defines locked-in retirement account to mean “an RRSP that is prescribed to be a locked-in retirement account.” The regulation completes this definition by adding that “an RRSP is a locked-in retirement account if the RRSP includes locked-in
- [BCLI launches new project page for the Modernizing the Child, Family and Community Service Act Project](https://www.bcli.org/bcli-launches-new-project-page-for-the-modernizing-the-child-family-and-community-service-act-project/) - A new project webpage for the Modernizing the Child, Family and Community Service Act Project has just been created on the BCLI website. The project webpage will be the place to go find about the project and to read project publications. Currently, the project webpage contains two backgrounders on the project: one an introduction to
- [Pension Division Review Project Committee examines double-dipping, limited membership at September 2019 committee meeting](https://www.bcli.org/pension-division-review-project-committee-examines-double-dipping-limited-membership-at-september-2019-committee-meeting/) - At its monthly committee meeting, BCLI’s Pension Division Review Project Committee looked at two topics that could lead to recommendations for additions to part 6 of the Family Law Act. The first topic concerned a possible extension to an existing rule providing for no further entitlement to a spouse’s pension benefits after a division of benefits under
- [Child Protection Project Committee considers definitions and terms used in Child, Family and Community Service Act](https://www.bcli.org/child-protection-project-committee-considers-definitions-and-terms-used-in-child-family-and-community-service-act/) - BCLI’s Modernizing the Child, Family and Community Service Act Project benefits from having an expert project committee. After a pair of organizational meetings held in the late spring and early summer, the committee has drawn up a work plan, and settled into a monthly meeting schedule. As part of its work plan, the committee has decided
- [BCLI Issues Consultation Paper on the Builders Lien Act](https://www.bcli.org/bcli-issues-consultation-paper-on-the-builders-lien-act/) - BCLI has issued a Consultation Paper on the Builders Lien Act to gather input from stakeholders and the public at large on detailed proposals for changes to the Act. The Builders Lien Act is a major cornerstone of construction law. It gives contractors, material suppliers, and workers several forms of security for payment for work
- [BC Law Institute Announces Changes on the Board of Directors](https://www.bcli.org/bc-law-institute-announces-changes-on-the-board-of-directors-2/) - On September 11th, the British Columbia Law Institute held its Annual General Meeting and is pleased to announce the Executive Committee for 2019-2020: Thomas L. Spraggs, Chair Mathew P. Good, Vice Chair Margaret H. Mason, Q.C., Treasurer Oliver A. Fleck, Secretary Lisa A. Peters, Q.C. Emily L. Clough Kathleen Cunningham, Executive Director, Ex Officio Committee
- [BCLI’s Study Paper on Financing Litigation: Recent Developments](https://www.bcli.org/bclis-study-paper-on-financing-litigation-recent-developments/) - It’s been two years since BCLI’s Study Paper on Financing Litigation was published. The study paper has been well received by stakeholders, legal academics, lawyers and legal advocates alike. About the Study Paper on Financing Litigation The study paper examines the traditional and alternative methods litigants use to pay for litigation. The cost of litigation
- [Child Protection Project Committee continues examination of definitions and terms used in Child, Family and Community Service Act](https://www.bcli.org/child-protection-project-committee-continues-examination-of-definitions-and-terms-used-in-child-family-and-community-service-act/) - BCLI’s Child Protection Project Committee continued its review of the Child, Family and Community Service Act at its October 2019 committee meeting. As at its previous monthly meeting, the committee’s focus remained on updating the definitions and terms used in this act, in light of the new terminology that appeared with the coming into force
- [Pension Division Review Project Committee wraps up review of double-dipping, private annuities at October 2019 committee meeting](https://www.bcli.org/pension-division-review-project-committee-wraps-up-review-of-double-dipping-private-annuities-at-october-2019-committee-meeting/) - At its monthly committee meeting, BCLI’s Pension Division Review Project Committee completed its review of two topics that had figured in earlier committee meetings. The first topic involves something that has been informally called double-dipping. This may occur when a spouse receives a share of the other spouse’s pension benefits under family-law legislation and still
- [BCLI Congratulates Its Board Chair Thomas L. Spraggs on Election as a Bencher of the Law Society](https://www.bcli.org/bcli-congratulates-its-board-chair-thomas-l-spraggs-on-election-as-a-bencher-of-the-law-society/) - On 15 November 2019, the Law Society of BC announced that Thomas L. Spraggs, Chair of BCLI’s Board of Directors, was among the candidates elected as Benchers. He will serve as a Bencher for New Westminster County for the 2020-2021 term. Tom Spraggs has been a member of our Board since 2012, and the
- [Review of Division of Pensions Regulation and administrative fees take centre stage at November 2019 meeting of the Pension Division Review Project Committee](https://www.bcli.org/review-of-division-of-pensions-regulation-and-administrative-fees-take-centre-stage-at-november-2019-meeting-of-the-pension-division-review-project-committee/) - At this month’s meeting of the BCLI Pension Division Review Project Committee the committee tackled two topics. First, it reviewed the Division of Pensions Regulation, including the forms prescribed under the regulation. Second, it examined the fees that may be charged by a pension-plan administrator to the parties in a pension-division case. The Division of
- [Child Protection Project Committee considers disclosure under the Child, Family and Community Service Act](https://www.bcli.org/child-protection-project-committee-considers-disclosure-under-the-child-family-and-community-service-act/) - BCLI’s Child Protection Project Committee continued its review of the Child, Family and Community Service Act at its November 2019 committee meeting, moving on to a new topic. At this meeting the committee considered whether to add new disclosure requirements to the act. The committee discussed two issues in the meeting. The first concerned cases
- [2019 year in review for the Pension Division Review Project](https://www.bcli.org/2019-year-in-review-for-the-pension-division-review-project/) - Part 6 of the Family Law Act and the Division of Pensions Regulation set out the legal framework for dividing pension benefits after the breakdown of a spousal relationship. This legal framework first came into force in the 1990s and, like much of British Columbia’s family-law legislation, saw some significant revisions when the Family Law
- [BCLI / CCEL remembers the Honourable Anne Rowles](https://www.bcli.org/bcli-ccel-remembers-the-honourable-anne-rowles/) - BCLI / CCEL regrets the passing of its supporter, benefactor and friend, the Honourable Anne Rowles, on 13 November 2019. Madam Justice Rowles was a member of the British Columbia Court of Appeal from 1991 to 2011. She served more than 28 years on the Bench in total, having been first appointed to the County
- [2019 year in review for child-protection project](https://www.bcli.org/2019-year-in-review-for-child-protection-project/) - Even though BCLI began its Modernizing the Child, Family and Community Service Act Project late in 2018, the project only really hit its stride in 2019. This year has seen some significant developments in both components of the project: (1) a focused review of the Child, Family and Community Service Act to identify outdated provisions
- [Australian Bush Fire Appeal Funds Highlight Importance of Current ULCC Consultation on Crowdfunding](https://www.bcli.org/australian-bush-fire-appeal-funds-highlight-importance-of-current-ulcc-consultation-on-crowdfunding/) - Huge amounts have been raised for relief of victims of the Australian bush fires in a very short time through worldwide online crowdfunding. One online campaign alone that was started by an Australian celebrity on Facebook has raised Aus. $42.5 million (at the time of this blog’s publication). The enormous donor response has given rise
- [Court procedures and orders make up the subject of January 2020 Child Protection Project Committee meeting](https://www.bcli.org/court-procedures-and-orders-make-up-the-subject-of-january-2020-child-protection-project-committee-meeting/) - BCLI’s Child Protection Project Committee continued its review of the Child, Family and Community Service Act at its January 2020 committee meeting, moving on to a new topic. At this meeting the committee considered selected court procedures and orders under the act. The committee discussed three issues in the meeting. First, it tackled the procedure
- [BC Ministry of Finance consulting on reverse mortgages as part of its review of the Mortgage Brokers Act](https://www.bcli.org/bc-ministry-of-finance-consulting-on-reverse-mortgages-as-part-of-its-review-of-the-mortgage-brokers-act/) - In January, the Ministry of Finance for British Columbia opened a public consultation on reforms to the Mortgage Brokers Act. As the ministry’s discussion paper (PDF) noted: The Mortgage Brokers Act (MBA) was originally enacted in 1972 as consumer protection legislation in response to an increased number of mortgage brokers and complaints of gross and unconscionable interest
- [Child-protection committee completes review of selected court orders and procedures at this month’s meeting](https://www.bcli.org/child-protection-committee-completes-review-of-selected-court-orders-and-procedures-at-this-months-meeting/) - At its March 2020 committee meeting, BCLI’s Child Protection Project Committee continued its review of provisions of the Child, Family and Community Service Act relating to selected court orders and procedures. The committee considered four issues under this topic at the meeting. First, the committee examined whether a clarifying amendment should be made to section
- [BC Ministry of Attorney General seeks feedback on adopting the Uniform Civil Enforcement of Money Judgments Act](https://www.bcli.org/bc-ministry-of-attorney-general-seeks-feedback-on-adopting-the-uniform-civil-enforcement-of-money-judgments-act/) - The Ministry of Attorney General for British Columbia has issued a consultation paper (PDF) that asks the public to comment on whether British Columbia should enact the Uniform Civil Enforcement of Money Judgments Act, with some departures and additions. As the consultation paper puts it, the ministry’s goals in this consultation are “to solicit input
- [Child-protection committee examines selected protection issues at monthly meeting](https://www.bcli.org/child-protection-committee-examines-selected-protection-issues-at-monthly-meeting/) - At its April 2020 committee meeting, BCLI’s Child Protection Project Committee began consideration of a new topic: provisions in the Child, Family and Community Service Act concerning protection issues. The focus of the meeting was on the grounds for protection set out in section 13 of the act and on decisions relating to whether a
- [Ministerial order clears the way for strata corporations to meet electronically](https://www.bcli.org/ministerial-order-clears-the-way-for-strata-corporations-to-meet-electronically/) - Late last week, the minister of public safety and solicitor general issued an order (PDF) under British Columbia’s Emergency Program Act enabling all strata corporations in the province to hold meetings electronically. The order applies to any “strata property meeting,” which is defined as “a meeting authorized or otherwise provided for under a strata property
- [Law Library of Congress publishes research report on child-protection law and policy across sixteen countries](https://www.bcli.org/law-library-of-congress-publishes-research-report-on-child-protection-law-and-policy-across-sixteen-countries/) - The U.S. Law Library of Congress has published a research report (PDF) on laws and policies protecting children from abuse and neglect. The report “briefly describes domestic U.S. federal law before turning to a comparative analysis of foreign law.” This comparative analysis consists of chapters on 16 countries. Each chapter begins by describing the country’s
- [Ministerial order temporarily enables electronic meetings for all British Columbia companies, cooperatives, and societies](https://www.bcli.org/ministerial-order-temporarily-enables-electronic-meetings-for-all-british-columbia-companies-cooperatives-and-societies/) - In an order issued earlier this week under the Emergency Program Act, the minister of public safety and solicitor general has enabled all British Columbia business corporations, cooperatives and societies to hold electronic meetings. The Electronic Attendance at Corporate Meetings (COVID-19) Order (PDF) overrides any provisions to the contrary found in the Business Corporations Act,
- [Child-protection committee tackles three topics at monthly meeting](https://www.bcli.org/child-protection-committee-tackles-three-topics-at-monthly-meeting/) - At its May 2020 committee meeting, BCLI’s Child Protection Project Committee completed one topic and began its review of two new topics. The committee finished its look at selected protection issues by considering a pair of issues. First, it considered whether the act should be amended to provide for regular reassessments of whether a child
- [Strata Property Regulation amendments address insurance, general meetings during a state of emergency](https://www.bcli.org/strata-property-regulation-amendments-address-insurance-general-meetings-during-a-state-of-emergency/) - Recent amendments (PDF) to the Strata Property Regulation are intended to address two pressing concerns for strata corporations: (1) paying for insurance in the face of a sharp rise in insurance premiums and (2) dealing with general meetings during a state of emergency. The first amendment sets out a definition of “prevent significant loss” for
- [Ministerial orders allow electronic witnessing of wills and personal-planning documents in British Columbia](https://www.bcli.org/ministerial-orders-allow-electronic-witnessing-of-wills-and-personal-planning-documents-in-british-columbia/) - In a pair of ministerial orders dated 19 May 2020, the government of British Columbia has enabled electronic witnessing of wills, enduring powers of attorney, and representation agreements. The ministerial orders are temporary; they are set to expire when the COVID-19 pandemic state of emergency ends. The government explained the rationale for the orders in
- [Spotlight on pension division: transitional provisions](https://www.bcli.org/spotlight-on-pension-division-transitional-provisions/) - BCLI is running a public consultation (closing date: 15 September 2020) on pension division. It is asking for public input into its proposed changes to part 6 of the Family Law Act and the Division of Pensions Regulation. For information on how to participate in the consultation please visit the Pension Division Review Project webpage. This post
- [Federal government delays implementation of Divorce Act amendments](https://www.bcli.org/federal-government-delays-implementation-of-divorce-act-amendments/) - Citing “extraordinary circumstances related to the COVID-19 pandemic,” the federal department of justice announced today that it is delaying the implementation of significant amendments to the Divorce Act. Bill C-78 was slated to come into force on 1 July 2020, but with today’s announcement “the coming into force date has been deferred until March 1,
- [Amendments to the Wills, Estates and Succession Act enable electronic wills and electronic witnessing of wills](https://www.bcli.org/amendments-to-the-wills-estates-and-succession-act-enable-electronic-wills-and-electronic-witnessing-of-wills/) - With a bill introduced into the legislative assembly on Monday, the BC government is proposing two changes to the Wills, Estates and Succession Act. First, the bill's amendments will make permanent the changes on remote witnessing of wills that were enabled by a recent ministerial order. As a government news release explains, The changes will
- [Spotlight on pension division: private annuities](https://www.bcli.org/spotlight-on-pension-division-private-annuities/) - BCLI is running a public consultation (closing date: 15 September 2020) on pension division. It is asking for public input into its proposed changes to part 6 of the Family Law Act and the Division of Pensions Regulation. For information on how to participate in the consultation please visit the Pension Division Review Project webpage. This
- [BCLI Remembers Leanne Rebantad](https://www.bcli.org/bcli-remembers-leanne-rebantad/) - The British Columbia Law Institute is saddened to learn that our Board Member, Leanne Rebantad, appointed by the Society of Notaries Public of BC, has recently passed away. BCLI is grateful for Leanne’s commitment and dedication to our work as a board member over the past two years; her contributions will be missed. Leanne was
- [Societies Act amendments receive royal assent](https://www.bcli.org/societies-act-amendments-receive-royal-assent/) - On 28 October 2021, Bill 19, the Societies Amendment Act, 2021, received royal assent. “The purpose of the proposed amendments,” notes a ministry of finance news release, “is to address various issues that have come to light since the act came into force”: The new act provides societies with a responsive legislative framework, giving them
- [BCLI Congratulates newly elected and re-elected Law Society of BC Benchers](https://www.bcli.org/bcli-congratulates-newly-elected-and-re-elected-law-society-of-bc-benchers/) - The BCLI wishes to congratulate all the newly elected and re-elected benchers for the Law Society of BC. We are particularly pleased to see a few familiar faces who have been a part of or played a key role in the BCLI over the past years and would like to give them special acknowledgement: Tom
- [BC Ministry of Finance Launches Consultation on Reform of the Society Act](https://www.bcli.org/bc-ministry-finance-launches-consultation-reform-society-act/) - British Columbia's Ministry of Finance has launched a public consultation on reform of the Society Act. "The purpose of the review," as the ministry website explains it, "is to identify and address any legislative obstacles that may prevent societies from functioning fully and efficiently, and ensure that the public interest is being protected." If you are concerned about reform of
- [Canadian Lawyer Profiles Commercial Tenancy Act Reform Project](https://www.bcli.org/canadian-lawyer-profiles-commercial-tenancy-act-reform-project/) - The March 2009 edition of Canadian Lawyer contains an article on the BCLI's Commercial Tenancy Act Reform Project. Entitled "A new lease on life for a moribund law," the article by Kevin Marron discusses the challenges of working with an Act described by one lawyer as "the Da Vinci Code of B.C. statutes." The article includes quotes from committee chair Richard Olson as well as other leading British Columbia commercial leasing lawyers.
- [BCLI Senior Staff Lawyer Greg Blue Awarded Queen's Counsel Designation](https://www.bcli.org/bcli-senior-staff-lawyer-greg-blue/) - The British Columbia Law Institute is extremely pleased that Greg Blue, Senior Staff Lawyer, has today been awarded the designation of Queen's Counsel by Attorney General, the Honourable Michael de Jong, Q.C.
- [B.C. Law Institute Welcomes Passage of Wills, Estates and Succession Act](https://www.bcli.org/bc-law-institute-welcomes-passage-wills-estates-and-succession-act/) - The B.C. Law Institute (BCLI) welcomed the passage today of the Wills, Estates and Succession Act by the B.C. Legislative Assembly. The omnibus reform Act is largely based on BCLI's 2006 report Wills, Estates and Succession: A Modern Legal Framework. Bill 4 will consolidate and modernize the Wills Act, the Estate Administration Act, the Probate Recognition Act, and several other
- [Ministry of Attorney General Releases Family Relations Act Consultation Report](https://www.bcli.org/ministry-attorney-general-releases-family-relations-act-consultation-report/) - British Columbia's Ministry of Attorney General has released its Family Relations Act Review: Report of Public Consultations. This report summarizes the responses the ministry received during public consultations on reform of the Family Relations Act held in 2007 and 2008. These consultations concerned comprehensive reform of most parts of the province's main family law statute, addressing three BCLI projects in the process. These projects concerned division of pensions on marriage breakdown, parental support, and conflict of laws.
- [BCLI Welcomes Executive Director of the Samoa Law Reform Commission](https://www.bcli.org/bcli-welcomes-executive-director-samoa-law-reform-commission/) - Recently appointed Samoa Law Reform Commission Executive Director, Ms. Leilani Tuala-Warren, spent two weeks with the BCLI in March 2009 as part of her fact-finding visit to Canada. The new Samoa Law Reform Commission was set up in November 2008 and Ms. Tuala-Warren was invited to spend some time with the BCLI to observe how we operate and carry out our law reform projects in British Columbia. During her time at the Institute, Ms. Tuala-Warren was also able to attend the Federation of Law Reform Agencies of Canada Conference in Victoria, hosted by the BCLI.
- [Remembering Gordon Turriff Q.C.](https://www.bcli.org/remembering-gordon-turriff-q-c/) - BCLI is saddened to learn of the passing of Gordon Turriff Q.C. on June 3, 2020. As a founding member and director of the BCLI, Gordon has always been a part of the extended BCLI family. Many have written, and will undoubtedly continue to write, about Gordon’s numerous contributions to the profession as a lawyer,
- [BCLI Calls for Reforms to Law of Mental Capacity](https://www.bcli.org/bcli-calls-for-reforms-to-law-of-mental-capacity/) - In its just-published Report on Common-Law Tests of Capacity the British Columbia Law Institute is recommending several reforms to how the law determines whether a person has the mental capacity to carry out a given transaction and to some of the consequences that flow from a finding that a person lacks this mental capacity. “The

## Pages

- [Home](https://www.bcli.org/) - Better Laws,Plain and Simple. The BCLI undertakes law reform projects in the public interest. We bring together academic, expert, and community collaborators to clarify and improve the law, develop innovative, inclusive solutions, and increase access to justice. SEE ACTIVE PROJECTS SEE LATEST UPDATES Consultation Paper on Modernizing the Escheat Act We have released a consultation
- [Escheat Act Modernization Project](https://www.bcli.org/escheat-act-modernization/) - Escheat Act Modernization Project Escheat means land reverts to the Crown when it appears to have no owner. It is based on a presumption that all land ultimately belongs to the Crown. This project proposes changes to how underlying interests are managed when personal ownership ends. It proposes ways to modernize the law and to
- [Report on Rationalizing Non-Statutory Liability of Directors and Officers](https://www.bcli.org/director-liability/) - Report on Rationalizing Non-Statutory Liability of Directors and Officers Directors and officers are sued routinely as individuals for wrongs of the company because the law is unsettled. Download the Report Overview Directors and officers of companies are often sued personally when the company is alleged to have committed a tort. The practice of routinely suing directors
- [Litigation Abuse and Family Law Project](https://www.bcli.org/litigation-abuse/) - Litigation Abuse and Family Law Project CONTACT US Overview Litigation Abuse and Family Law project explores how misuse of legal proceedings can serve as a form of family violence. In family law contexts, individuals may misuse the court system in ways to intimidate or financially strain victims or survivors. This issue is of particular concern
- [Looking for legal advice or legal information? Start Here.](https://www.bcli.org/looking-for-legal-advice-or-legal-information-start-here/) - Looking for legal advice or legal information? Start Here. GO TO: General legal information and services Legal Aid Additional Resources Services for Seniors Across Canada General legal information and services The British Columbia Law Institute cannot offer legal advice or make referrals. However, a number of resources are available for BC residents seeking legal advice
- [The BCLI Mathew Good Memorial Prize](https://www.bcli.org/matgoodprize/) - About the BCLI Mathew Good Memorial Prize The British Columbia Law Institute (BCLI), with the support of Canadian Bar Association, British Columbia (CBABC), is pleased to announce the second annual BCLI Mathew Good Memorial Prize essay contest. The annual contest awards a prize of $1,000 to an outstanding essay written by a British Columbia law
- [Role of Injunctions in Resource Disputes Project](https://www.bcli.org/role-of-injunctions/) - Role of Injunctions in Resource Disputes Project CONTACT US Overview This project aims to publish a study paper that will describe how the law on injunctions developed, explain how resource cases pose special problems for this body of law, and raise several options for reforming the law. Stage of the Project Learn more / Get
- [developer](https://www.bcli.org/developer/)
- [BCLI Reconciliation](https://www.bcli.org/reconciling-crown-legal-frameworks/) - BCLI’s Reconciling Crown Legal Frameworks program explores ways Crown legal frameworks need to adapt to strengthen relationships between Crown and Indigenous laws and areas of jurisdiction. LEARN MORE Qeluc’ (To Spin) / Bodies of Knowledge, 2023 READ ABOUT THE STORY BEHIND THIS SPINDLEWHORL This design is an abstract spindlewhorl meant to embody movement, transformation, and
- [Elder Abuse Resources](https://www.bcli.org/sectors/elder-abuse/) - Elder Abuse Resources The BCLI Board is excited to share that the Canadian Centre for Elder Law (CCEL) is moving to the TRU Faculty of Law. As part of this transition, this page will also be moving to TRU. If you have any questions, contact us at bcli@bcli.org. Table of Contents Dementia + Decision-Making Project
- [Study Paper on Access to Neighbouring Land and Airspace for Construction-Related Purposes](https://www.bcli.org/construction-access-project/) - Study Paper on Access to Neighbouring Land and Airspace for Construction-Related Purposes DOWNLOAD THE STUDY PAPER CONTACT US Overview Construction cranes are a common sight in urban settings. So are the deep excavations at building sites needed to erect multi-storey structures. The boom of a construction crane may have to swing at times into the
- [BCLI Call for Proposals: New Law Reform Projects](https://www.bcli.org/proposals2026/) - BCLI Call for Proposals: New Law Reform Projects CONTACT US Overview The British Columbia Law Institute (BCLI) is seeking proposals for new law reform projects! For over 25 years, our publications have contributed to improving the law, increasing access to justice, and developing just and innovative solutions for British Columbia. This is a unique opportunity
- [Pension Division Questions and Answers 5th Edition](https://www.bcli.org/update-pension-2024/) - Pension Division Questions and Answers 5th Edition VISIT THE ONLINE RESOURCE CONTACT US Overview Questions and Answers about Pension Division on the Breakdown of a Relationship in British Columbia is a trusted guide for navigating the complexities of pension regulation and family law in British Columbia for over 30 years. Serving both professionals and the
- [The Law at Home: Primer on Homeownership Tenures in British Columbia](https://www.bcli.org/bc-homeownership-tenures-primer/) - The Law at Home: Primer on Homeownership Tenures in British Columbia DOWNLOAD THE PRIMER CONTACT US Overview Laws related to housing can be complicated and are often misunderstood. This primer provides a clear snapshot of British Columbia’s housing law landscape, outlining the legal frameworks for different forms of long-term housing tenure. Designed as a resource
- [Rethinking Leasehold Housing](https://www.bcli.org/rethinking-leasehold-housing/) - Rethinking Leasehold Housing CONTACT US Overview A leasehold is a form of property interest that gives a person the right to use and occupy land or housing for a limited period of time, without owning the land itself. Leaseholds can play an important role in expanding housing options, particularly in contexts where a landowner wishes
- [Practical Tools and Resources](https://www.bcli.org/sectors/practical-tools-and-resources/) - Undue Influence Recognition and Prevention: Guide Read More Learn more about the project Undue Influence Project Reference Aid Download Gender Diverse Legal Writing Guide Legal writing comprises many forms: legislation, court submissions, opinion letters, transactional writing (e.g., contracts, wills), communications with clients and other lawyers, legal memoranda, legal texts and academic writing, court forms, judgments
- [Get involved](https://www.bcli.org/about/get-involved/) - Get involved We work in partnership with legal experts, academics, and the broader community to modernize and simplify laws in BC. Donate Join our board Join our team Join our board Our Board of Directors provides governance and direction for the organization. Ten of our board members are appointed by external legal bodies across BC,
- [Indigenous Data Sovereignty: Primers](https://www.bcli.org/indigenous-data-sovereignty-primers/) - Indigenous Data Sovereignty: Primers CONTACT US Overview Indigenous Data Sovereignty is the inherent right of Indigenous Peoples to govern the collection, ownership, stewardship, and use of data relating to their people, communities, lands, knowledge systems, and cultures. This right is rooted in the principles of self-determination and self-government, as recognized in the United Nations Declaration
- [Honour of the Crown Project](https://www.bcli.org/honour-of-the-crown-project/) - Honour of the Crown Project CONTACT US Overview The honour of the Crown is a constitutional standard to which the Crown is held in its dealings with Indigenous peoples. It informs the unique relationship between Crown and Indigenous peoples – the primary purpose being to uphold a mutual and respectful relationship. Within Canadian law, courts
- [The BCLI Mathew Good Memorial Prize 2025](https://www.bcli.org/matgoodprize2025/) - Winner of the 2025 BCLI Mathew Good Memorial Prize The British Columbia Law Institute (BCLI), with the support of the Canadian Bar Association, British Columbia (CBABC), is pleased to announce that Manjot K. Sekhon is the winner of the first annual 2025 Mathew Good Memorial Prize, an essay contest for law students. This year’s theme
- [Federation of Law Reform Agencies of Canada Annual Conference 2025](https://www.bcli.org/folrac2025/) - Federation of Law Reform Agencies of Canada (FOLRAC) Annual Conference 2025 The annual FOLRAC Conference is hosted by the British Columbia Law Institute in collaboration with law reform organizations across Canada and the Law Commission of Canada. This gathering brings together representatives from seven provinces, as well as national and international experts, public institutions, and
- [Study Paper on Understanding Economic Abuse through Family Businesses in Family Law](https://www.bcli.org/family-business/) - Study Paper on Understanding Economic Abuse through Family Businesses in Family Law DOWNLOAD THE STUDY PAPER CONTACT US Overview Economic abuse is a form of family violence that can have serious legal implications, particularly during family breakdown. When a family business is involved, it can become a tool for family violence—used to control, manipulate, or
- [Report on Renovating the Public Hearing](https://www.bcli.org/public-hearing-project/) - Overview Provincial legislation requires local governments to hold a public hearing as part of the process to adopt or change a bylaw regulating the use of land, These public hearings give people a forum to air their views on the proposed bylaw, allowing local governments to gauge the public's concerns and support, They have long
- [What We Do](https://www.bcli.org/about/what-we-do/) - What We Do The BCLI brings together the expertise and experience of collaborators to improve the law, increase access to justice, and develop just and innovative solutions for BC. Our work falls into three broad categories: Reports Reports recommend specific reforms for legal frameworks based on deep research, expert input, and public consultation. Study Papers
- [Guide to Trauma-Informed Legal Writing](https://www.bcli.org/trauma-informed-legal-writing/) - Guide to Trauma-Informed Legal Writing DOWNLOAD THE GUIDE CONTACT US Overview Trauma exists in many aspects of the Crown legal system. The adversarial nature of legal proceedings often fosters a hostile environment, and prolonged legal battles can contribute to ongoing anxiety and uncertainty. While the legal system aims to deliver justice, it can inflict and
- [Guide to Wills and Estate Planning for First Nations Clients Living on Reserves](https://www.bcli.org/wills-and-estate-planning-on-reserves/) - Guide to Wills and Estate Planning for First Nations Clients Living on Reserves DOWNLOAD THE GUIDE CONTACT US Overview Estate planning and will drafting for First Nations persons living on reserves present distinct legal and practical issues. Practitioners must be aware of these in providing legal services in these areas to residents of reserves. This Guide
- [The Dementia + Decision-Making Project](https://www.bcli.org/ccel-projects/dementia-decision-making-project/) - Substitute Decision-Making Tool for the Health... VIEW & DOWNLOAD Health Care Decision-Making Tool VIEW & DOWNLOAD Personal Care Decision-Making Tool VIEW & DOWNLOAD Admission to Care Facility Application Tool VIEW & DOWNLOAD If you or your organization would like an educational session or webinar on these resources and their intended use, please contact us at
- [Canadian Centre for Elder Law](https://www.bcli.org/sectors/ccel/) - The BCLI Board is excited to share that the Canadian Centre for Elder Law (CCEL) is moving to the TRU Faculty of Law. As part of this transition, this page will also be moving to TRU. If you have any questions, contact us at bcli@bcli.org. The Canadian Centre for Elder Law (CCEL) conducts research, and
- [Parentage Consultation](https://www.bcli.org/project-review-of-parentage-consultation-under-part-3-of-the-family-lawact/) - Summary of Issues Considered The report contains thirty-four tentative recommendations for reform. These recommendations address some of the following subjects. Diversity and inclusion Several of the tentative recommendations focus on respecting gender and family diversity. The committee addresses important questions such as: Should terms such as birth mother and biological father that are used in
- [Supporting Vulnerable Victims and Witnesses](https://www.bcli.org/webinar/supporting-vulnerable-victims-and-witnesses/) - WEBINAR Supporting Vulnerable Victims and Witnesses Crown Counsel are the lawyers who prosecute criminal offences on behalf of society. In this role, Crown Counsel make decisions about if and how to proceed in criminal cases of elder abuse and abuse of vulnerable adults. When prosecution is the best solution, it is not always pursued due
- [webinar](https://www.bcli.org/webinar/)
- [News](https://www.bcli.org/news/) - News
- [Who we are](https://www.bcli.org/about/who-we-are/) - Who we are The BCLI is a not-for-profit law reform agency based in Vancouver. We engage in scholarly research and analysis of existing laws to determine pathways for law reform. Our goal is to provide clear and actionable insight for the purpose of improving laws in BC. OUR PEOPLE Our Constitution & Bylaws READ NOW
- [Home v1](https://www.bcli.org/home-v1/) - Better Laws,Plain and Simple. The BCLI undertakes law reform projects in the public interest. We bring together academic, expert, and community collaborators to clarify and improve the law, develop innovative, inclusive solutions, and increase access to justice. SEE ACTIVE PROJECTS SEE PRACTITIONER RESOURCES PROJECT Consent to Participate in Research PROJECT Review of Parentage under Part
- [Donate](https://www.bcli.org/donate/) - Donate to the BC Law Institute For over 25 years, the British Columbia Law Institute (BCLI) has worked to ensure that laws in British Columbia reflect the needs of the communities they serve. Looking ahead to the next 25 years, our commitment remains — continue to modernize laws and develop innovative and inclusive solutions to
- [LRC Reports](https://www.bcli.org/law-reform-commission/) - Law Reform Commission Reports The following are reports published by the B.C. Law Reform Commission (1969-1997). JUMP TO YEAR: 1995 1990 1985 1980 1975 1970 1995 144. Report on Conflicts of Interest: Directors and Societies143. Report on Land-Related Interests and the Personal Property Security Act142. Annual Report of the Law Reform Commission of British Columbia
- [CCEL Completed Projects](https://www.bcli.org/ccel-projects/ccel-completed-projects/)
- [CCEL Active Projects](https://www.bcli.org/ccel-projects/ccel-active-projects/)
- [CCEL Projects](https://www.bcli.org/ccel-projects/)
- [Practical Tools & Resources](https://www.bcli.org/law-reform-resources/practical-tools-and-resources/) - Practical Tools & Resources June 2022 Gender Diversity in Legal Writing: Pronouns, Honorifics, and Gender-Inclusive Techniques Read more April 2022 A Practical Guide to Elder Abuse and Neglect Law in Canada Read more November 2014 | BCLI Study Paper No. 7 Technology-Assisted and Remote Evidence Presentation: A Practice Resource for BC Lawyers Read more January
- [Publications](https://www.bcli.org/all-publications/) - Reports Study Papers Practical Resources & Tools
- [All Sectors](https://www.bcli.org/sectors/all-sectors/) - All Sectors The Institute takes on a wide range of legal questions, turning its attention to current and emerging issues across multiple sectors on an ongoing basis. GO TO: Consumer Protection Corporate & Commercial Law Disability Law CCEL (Elder Law) Elder Abuse Family Law Human Rights Law Practical Tools & Resources Property Law Technology Law Tort Law
- [Law Reform Resources](https://www.bcli.org/law-reform-resources/) - Law Reform Resources
- [Gregory K. Steele QC Student Prize](https://www.bcli.org/sectors/ccel/gregory-k-steele-qc-student-prize/) - Gregory K. Steele QC Student Prize The Gregory K. Steele QC Prize was founded in 2006 to honour the contributions of CCEL director Gregory K. Steele QC to the development of elder law in Canada. Mr. Steele passed away in 2017. Every two years the Canadian Centre for Elder Law invites university students across Canada to
- [Active Projects](https://www.bcli.org/bcli-projects/active-projects/)
- [Completed Projects](https://www.bcli.org/bcli-projects/completed-projects/)
- [Completed Projects v2](https://www.bcli.org/bcli-projects/completed-projects-v2/)
- [HomeSectionDraft](https://www.bcli.org/homesectiondraft/) - Active BCLI Projects ACTIVE PROJECT Review of Parentage under Part 3 of the Family Law Act ACTIVE PROJECT Oversight of the Work of Health Care Assistants in BC ACTIVE PROJECT Engaging People Living with Dementia in Decision-Making ACTIVE PROJECT A Practical Guide to Elder Abuse and Neglect Law in Canada ACTIVE PROJECT Consent to Participate
- [Older Women’s Dialogue Project – Tool Development](https://www.bcli.org/older-womens-dialogue-project-tool-development/) - South Granville Seniors Centre A group of Spanish-speaking women from the Lower Mainland of BC women met regularly over six months to identify a key legal problems faced by older Latin American women and to advocate for law and policy changes that will eliminate that barrier. The group chose to work towards improving access to
- [Contact](https://www.bcli.org/contact/) - Contact Us Our Email bcli@bcli.org Our Phone (604) 822-0142 Our Address 1822 East Mall University of British ColumbiaVancouver,BC, V6T 1Z1 Support us and donate DONATE NOW
- [Disclaimer](https://www.bcli.org/disclaimer/) - Disclaimer The information and commentary on this website and in its publications is not offered as legal advice. It refers only to the law at the date of publication, and the law may have since changed. The British Columbia Law Institute (BCLI) does not undertake to continually update or revise each of its publications to reflect
- [LRC Projects](https://www.bcli.org/law-reform-resources-old/lrc-projects/) - Law Reform Commission Projects LRC PROJECT The Legal Consequences of a Temporary Land Title Office Shutdown (1995) LRC PROJECT Conflicts of Interest: Directors and Societies (1995) LRC PROJECT Land-Related Interests and the Personal Property Security Act (1995) LRC PROJECT Recreational Injuries: Liability and Waivers in Commercial Leisure Activities (1994) LRC PROJECT Pecuniary Loss and the
- [About](https://www.bcli.org/about/) - You might be an artist who would like to introduce yourself and your work here or maybe you’re a business with a mission to describe. About Us
- [Tips for using the Law Reform Database](https://www.bcli.org/law-reform-resources-old/law-reform-database/tips-for-using-the-database/) - This page explains how to use the Law Reform Database search feature. At the end of the page are some further tips to try if your search wasn’t successful. Overview You can restrict your search by: specifying terms that should appear (or not appear) in the publication’s titlespecifying terms that should appear (or not appear)
- [Reports](https://www.bcli.org/law-reform-resources-old/bcli-publications/reports/)
- [Projects](https://www.bcli.org/bcli-projects/)
- [About the Law Reform Database](https://www.bcli.org/law-reform-resources-old/law-reform-database/about-the-law-reform-database/) - Introduction The Law Reform Database is an online bibliography covering publications of law reform agencies in Canada, the Commonwealth of Nations, and the United States. Each record in the Database describes a discrete publication. Much of the material catalogued in the Law Reform Database was issued before 2000 and has never been digitalized. The Database
- [Law Reform Database](https://www.bcli.org/law-reform-resources-old/law-reform-database/)
- [Other Publications](https://www.bcli.org/law-reform-resources-old/bcli-publications/other-publications/)
- [Consultative Documents](https://www.bcli.org/law-reform-resources-old/bcli-publications/consultative-documents/)
- [Study Papers](https://www.bcli.org/law-reform-resources-old/bcli-publications/study-papers/)
- [Backgrounders](https://www.bcli.org/law-reform-resources-old/bcli-publications/backgrounders/)
- [Law Reform Database Article](https://www.bcli.org/law-reform-resources-old/law-reform-database-article/)
- [Careers](https://www.bcli.org/careers/)
- [FAMILY LAW](https://www.bcli.org/sectors/family-law/) - Family Law Family law is a legal practice area that concentrates on issues involving family relationships. Over the years, BCLI has taken on numerous projects revolving around various aspects of family law. PROJECT Pension Division Review Project PROJECT Strata Property Law – Phase Two PROJECT Uniform Vital Statistics Act (Renewal) Project The CCEL is a
- [Sectors](https://www.bcli.org/sectors/) - sectors
- [PROPERTY LAW](https://www.bcli.org/sectors/property-law/) - Coming Soon! Coming Soon! Coming Soon!
- [TECHNOLOGY LAW](https://www.bcli.org/sectors/technology-law/) - Coming Soon! Coming Soon! Coming Soon!
- [TORT LAW](https://www.bcli.org/sectors/tort-law/) - Coming Soon! Coming Soon! Coming Soon!
- [WILLS & TRUSTS](https://www.bcli.org/sectors/wills-trusts/) - Coming Soon! Coming Soon! Coming Soon!
- [WORKPLACE LAW](https://www.bcli.org/sectors/workplace-law/) - Coming Soon! Coming Soon! Coming Soon!
- [HUMAN RIGHTS LAW](https://www.bcli.org/sectors/human-rights-law/) - Coming Soon! Coming Soon! Coming Soon!
- [DISABILITY LAW](https://www.bcli.org/sectors/disability-law/) - Coming Soon! Coming Soon! Coming Soon!
- [CORPORATE & COMMERCIAL LAW](https://www.bcli.org/sectors/corporate-commercial-law/) - Coming Soon! Coming Soon! Coming Soon!
- [CONSUMER PROTECTION](https://www.bcli.org/sectors/consumer-protection/) - Coming Soon! Coming Soon! Coming Soon!
- [Single Completed Project](https://www.bcli.org/single-completed-project/) - COMPLETED PROJECT Name of Project Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat
- [Single Active Project](https://www.bcli.org/single-active-project/) - COMPLETED PROJECT Pension Division Review Project Project Status: Completed Project Contact: Kevin Zakreski Telephone Number: 604-827-5336 Email Us About this Project Keywords: pension, pension division, family law, marriage & common-law relationships, property & debt at family breakup, divorce & separation, spouse, defined benefit, defined contribution, hybrid, plan, RRSP, RRIF, LIF, extraprovincial, survivor, disability, transfer, benefit
- [Coming Soon](https://www.bcli.org/coming-soon/) - Coming Soon! Coming Soon! Coming Soon!

## Projects

- [Report on Rationalizing Non-Statutory Liability of Directors and Officers](https://www.bcli.org/project/directors-liability-project/)
- [Litigation Abuse and Family Law Project](https://www.bcli.org/project/litigation-abuse/)
- [Study Paper on Access to Neighbouring Land and Airspace for Construction-Related Purposes](https://www.bcli.org/project/construction-access-project/)
- [Pension Division Questions and Answers 5th Edition](https://www.bcli.org/project/pension2024/)
- [Rethinking Leasehold Housing](https://www.bcli.org/project/rethinking-leasehold-housing/)
- [Questions and Answers About Pension Division 3rd Edition](https://www.bcli.org/project/questions-and-answers-about-pension-division/) - Update (December 18, 2025): Visit the most recent version at https://pension.bcli.org. In 1995 British Columbia enacted the Family Relations Act, which provides for the assistance of plans in dividing pensions between spouses on marriage breakdown. In March 1996 a first edition of this publication was published to canvas the operation of the Family Relations Act and
- [Pension Division on Marriage Breakdown: A Ten Year Review of Part 6 of the Family Relations Act](https://www.bcli.org/project/pension-division-marriage-breakdown-ten-year-review-part-6-family-relations-act/) - Update (December 18, 2025): Visit the most recent version at https://pension.bcli.org.
- [Questions and Answers About Pension Division on the Breakdown of a Relationship in British Columbia (2013)](https://www.bcli.org/project/questions-and-answers-about-pension-division-breakdown-relationship-british-columbia/)
- [Questions and Answers About Pension Division on the Breakdown of a Relationship in British Columbia (2015-2016)](https://www.bcli.org/project/questions-and-answers-about-pension-division-on-the-breakdown-of-a-relationship-in-british-columbia-2015-2016/) - Update (December 18, 2025): Visit the most recent version at https://pension.bcli.org. Overview British Columbia’s Family Law Act now extends the family property regime to long-term marriage-like relationships as well as legal marriages, with the result that pensions belonging to persons in marriage-like relationships have become subject to division on the breakdown of those relationships under
- [Trustee Investment Powers](https://www.bcli.org/project/trustee-investment-powers/) - A trust is a specific investment relationship where a designated trustee holds title to assets for the benefit of designated beneficiaries. A trust is established when an owner of property (called the settlor) makes a disposition of property to a trustee on terms describing how the trustee is to administer the property to confer the
- [The Law at Home: Primer on Homeownership Tenures in British Columbia](https://www.bcli.org/project/bc-homeownership-tenures-primer/)
- [Indigenous Data Sovereignty: Primers](https://www.bcli.org/project/indigenous-data-sovereignty/)
- [Honour of the Crown Project](https://www.bcli.org/project/honour-of-the-crown-project/)
- [Navigating Shared Waters: A Study Paper on Indigenous-Led Conflict Resolution](https://www.bcli.org/project/indigenous-conflict-resolution/) - Overview This study paper looks at the important role that Indigenous-led conflict resolution plays within legal orders. Legal pluralism exists within Canada because there are multiple distinct and co-existing legal systems. This study paper builds on BCLI’s earlier primers on legal pluralism and explores how Indigenous Peoples are using their laws to resolve disputes and
- [Study Paper on Understanding Economic Abuse through Family Businesses in Family Law](https://www.bcli.org/project/family-business/)
- [Renovate the Public Hearing Project: Pre-Development Public Engagement & Legal Reforms to Support Housing Supply](https://www.bcli.org/project/renovate-the-public-hearing-project-pre-development-public-engagement-legal-reforms-to-support-housing-supply/) - Consultation Paper Open for Comments BCLI is exploring improvements to BC’s legislation on public engagement when a local government is enacting a land-use bylaw. Our Renovate the Public Hearing Project provides an opportunity to think about public engagement on land use from first principles, consider new insights into group deliberation, and create a better way
- [Role of Injunctions in Resource Disputes Project](https://www.bcli.org/project/role-of-injunctions/)
- [Older Women Fleeing Violence and Abuse in Canada: Bringing Together Separate Spheres of Practice](https://www.bcli.org/project/older-women-fleeing-violence-and-abuse-in-canada-bringing-together-separate-spheres-of-practice/) - The BCLI Board is excited to share that the Canadian Centre for Elder Law (CCEL) is moving to the TRU Faculty of Law. As part of this transition, this page will also be moving to TRU. If you have any questions, contact us at bcli@bcli.org. Overview Supporting older women fleeing violence is challenging work that
- [Health Care Consent, Aging and Dementia:  Mapping Law and Practice in British Columbia](https://www.bcli.org/project/health-care-consent-aging-and-dementia-mapping-law-and-practice-in-british-columbia/) - The BCLI Board is excited to share that the Canadian Centre for Elder Law (CCEL) is moving to the TRU Faculty of Law. As part of this transition, this page will also be moving to TRU. If you have any questions, contact us at bcli@bcli.org. Overview The Canadian Centre for Elder Law (“CCEL”) collaborated with
- [Inclusive Investing: Respecting the Rights of  Vulnerable Investors through Supported Decision Making](https://www.bcli.org/project/inclusive-investing-respecting-the-rights-of-vulnerable-investors-through-supported-decision-making/) - The BCLI Board is excited to share that the Canadian Centre for Elder Law (CCEL) is moving to the TRU Faculty of Law. As part of this transition, this page will also be moving to TRU. If you have any questions, contact us at bcli@bcli.org. Overview Over the years, the CCEL has led a number
- [Vulnerable Investor Protective Action and Legal Safe Harbour Project](https://www.bcli.org/project/vulnerable-investor-protective-action-and-legal-safe-harbour-project/) - The BCLI Board is excited to share that the Canadian Centre for Elder Law (CCEL) is moving to the TRU Faculty of Law. As part of this transition, this page will also be moving to TRU. If you have any questions, contact us at bcli@bcli.org. Overview FAIR Canada and the Canadian Centre for Elder Law
- [Older Immigrant Women: Surviving Violence, Calling for Change](https://www.bcli.org/project/older-immigrant-women-surviving-violence-calling-for-change/) - The BCLI Board is excited to share that the Canadian Centre for Elder Law (CCEL) is moving to the TRU Faculty of Law. As part of this transition, this page will also be moving to TRU. If you have any questions, contact us at bcli@bcli.org. Overview In collaboration with Vancouver & Lower Mainland Multicultural Family
- [Health Care Consent and Capacity Assessment Tribunals Project – Seeking a Model For British Columbia](https://www.bcli.org/project/health-care-consent-and-capacity-assessment-tribunals-project-seeking-a-model-for-british-columbia/) - The BCLI Board is excited to share that the Canadian Centre for Elder Law (CCEL) is moving to the TRU Faculty of Law. As part of this transition, this page will also be moving to TRU. If you have any questions, contact us at bcli@bcli.org. Overview The Health Care Consent and Capacity Assessment Tribunals
- [Supporting Vulnerable Victims and Witnesses](https://www.bcli.org/project/supporting-vulnerable-victims-and-witnesses/) - The BCLI Board is excited to share that the Canadian Centre for Elder Law (CCEL) is moving to the TRU Faculty of Law. As part of this transition, this page will also be moving to TRU. If you have any questions, contact us at bcli@bcli.org. Overview Crown counsel are the lawyers who prosecute criminal
- [Guide to Trauma-Informed Legal Writing](https://www.bcli.org/project/trauma-informed-guide/)
- [Guide to Wills and Estate Planning for First Nations Clients Living on Reserves](https://www.bcli.org/project/wills-estates-reserves/)
- [Artificial Intelligence and Civil Liability Project](https://www.bcli.org/project/artificial-intelligence-and-civil-liability-project/) - Overview The goal of the Artificial Intelligence and Civil Liability Project was to determine how the rules of tort law need to adapt to respond to harm to persons and property caused by autonomous artificial intelligence (AI) systems. The project set out to answer: Who is, or should be, liable for choices made by intelligent
- [Review of Parentage under Part 3 of the Family Law Act](https://www.bcli.org/project/review-of-parentage-under-part-3-of-the-family-law-act/) - Overview Conclusively determining who a child’s parents are is an important part of family law. It is the foundation of many aspects of a child’s identity, such as family name and relationships, nationality, and cultural heritage. Parentage can also determine important legal rights and responsibilities, such as a child’s inheritance rights. When the Family Law
- [Reconciling Crown Legal Frameworks Project](https://www.bcli.org/project/reconciling-crown-legal-frameworks/) - Qeluc’ (To Spin) / Bodies of Knowledge, 2023 READ ABOUT THE STORY BEHIND THIS SPINDLEWHORL This design is an abstract spindlewhorl meant to embody movement, transformation, and the drawing upon of two bodies of knowledge to create something new. Spindle whorls are used in the spinning of wool for weaving in Coast Salish culture. They
- [Escheat Act Modernization Project](https://www.bcli.org/project/eshcheat-act-project/)
- [Undue Influence Recognition / Prevention Guide Update Project](https://www.bcli.org/project/undue-influence-recognition-prevention-guide-update-project/) - Overview In this project, BCLI has updated and re-issued its Guide on practices recommended for legal practitioners to follow in the interests of ensuring that the wills and other personal planning documents they prepare represent the genuine independent wishes of their clients and can withstand challenge on the basis of undue influence. The new version
- [A Practical Guide to Elder Abuse and Neglect Law in Canada](https://www.bcli.org/project/practical-guide-elder-abuse-and-neglect-law-canada/) - The new Practical Guide website is online! Check it out here. To learn more about the upcoming updated Practical Guide, watch Krista James' recent webinar: Exploring the Updated Practical Guide to Elder Abuse and Neglect Law in Canada This resource covers abuse and neglect occurring anywhere in Canada. It discusses relevant laws in each province and
- [Dementia + Decision-Making](https://www.bcli.org/project/dementia-decision-making-project/)
- [Modernizing the Child, Family and Community Service Act Project](https://www.bcli.org/project/modernizing-the-child-family-and-community-service-act-project/) - Overview The Modernizing the Child, Family and Community Service Act Project has two dimensions: (1) a focused review of the Child, Family and Community Service Act to identify outdated provisions and operational incompatibilities and gaps within the statute itself and with legislation that intersects with this act; (2) comparative legal research into legislative models that
- [Commercial Tenancy Act Reform Project](https://www.bcli.org/project/commercial-tenancy-act-reform-project/) - British Columbia's Commercial Tenancy Act is badly out of date. Enacted in the late 1890s, the Act largely restates English legislation from the eighteenth and nineteenth centuries. The Commercial Tenancy Act Reform Project examined the creation of a new and relevant legal framework for an important area of the British Columbia economy. The project was
- [Real Property Reform Project Phase 2](https://www.bcli.org/project/real-property-review/) - The Real Property Reform Project Phase 2 was a large project dealing with reform of several distinct areas of the law of real property law in British Columbia. These areas were identified in Phase 1, which was a preliminary consultative study completed in 2007. The areas of real property law that were addressed in Phase
- [Oversight of the Work of Health Care Assistants in BC: Protecting Vulnerable Workers and Patients / Clients](https://www.bcli.org/project/hca-oversight-in-bc/) - Overview In 2020 unregulated health care assistants (HCAs), also known as care aides, personal support workers, and community health workers, delivered the majority (about 80%) of hands-on care provided to older people, people living with disabilities, and other frail or vulnerable adults across the care spectrum in Canada (in long-term care and in the community),
- [Gender Diversity in Legal Writing: Pronouns, Honorifics, and Gender-Inclusive Techniques](https://www.bcli.org/project/gender-diversity-in-legal-writing-honorifics-pronouns-and-gender-inclusive-techniques/) - Overview Like the law, language and styles of writing evolve over time to meet the needs of new generations. One such shift is towards language that reflects a modern understanding of gender and gender identity. Inclusivity can no longer be limited to masculine and feminine but must be extended to include people who identify as
- [Vanguard](https://www.bcli.org/project/vanguard/) - The Vanguard Project examines law, policy, and practice in relation to vulnerable adults and incapability. In 2007 the BCLI was hired by the BC Centre for Elder Advocacy and Support (now Seniors First BC), on behalf of the BC Adult Abuse and Neglect Prevention Collaborative (the Collaborative), to conduct an international review of: Laws governing
- [Family Caregiving](https://www.bcli.org/project/family-caregiving-2/) - Funded by the Law Foundation of B.C., the Family Caregiving Research Project reviewed the current legal framework governing leave, accommodation and other entitlements available to employees who are providing care for family members, elderly parents and grandparents and disabled adult children, addressing the care needs of adults living with mental health issues, physical and developmental
- [Society Act Reform Project](https://www.bcli.org/project/society-act-reform-project/) - The Society Act provides for the incorporation, organization, governance, amalgamation, and termination of not-for-profit bodies in British Columbia. The Act has seen little change since its enactment in 1977. It has not kept pace with developments in the legal landscape and the not-for-profit sector. The Society Act Reform Project published a final report containing a
- [Probate Rules](https://www.bcli.org/project/probate-rules/) - Probate Rules concerns reform of the rules of court relating to probate and administration of estates in British Columbia. This project was a necessary sequel to the Succession Law Reform Project which BCLI completed in 2006. It was intended in part to implement procedural recommendations made in the Final Report for that project. The Probate
- [BC Family Status Legal Research Project](https://www.bcli.org/project/bc-family-status-legal-research-project/) - This project focused on the scope and meaning of the ground of “family status” under the BC Human Rights Code. Under the BC Human Rights Code, as in most jurisdictions in Canada, “family status” is a prohibited ground of discrimination. In some jurisdictions, the term is defined by statute. The term is not defined in
- [Financial Literacy 102](https://www.bcli.org/project/financial-literacy-102/) - Click here to download a free copy of the manual Financial Literacy 102 - A knowledge based approach to preventing financial abuse of older adults: a guide for professionals. The CCEL shares copyright of this manual with BC Centre for Elder Advocacy and Support (BC CEAS). Both organizations encourage wide distribution of this manual and use of this
- [Elder Abuse and Neglect: What Volunteers Need to Know](https://www.bcli.org/project/elder-abuse-and-neglect-what-volunteers-need-know/) - Elder Abuse and Neglect: What Volunteers Need to Know is an introductory elder abuse workshop. This workshop has been created for volunteers who work with older people and Boards of Directors of organizations that serve aging clients. There are 3 types of resources available here: A workshop in the form of a PowerPoint presentation, including
- [The Counterpoint Project](https://www.bcli.org/project/counterpoint-project/) - Responding to Elder Abuse and Neglect: Challenges for Health Care and Social Service Workers The purpose of the Counterpoint Project is to help health care and social service providers negotiate the various legal and ethical challenges in elder abuse prevention and response. The resources produced as part of the Counterpoint Project includes a plain language
- [Older Women’s Dialogue Project](https://www.bcli.org/project/older-womens-dialogue-project/) - Law and social policy reform often moves forward in a way that ignores gender. This is true of the experiences of older women, which remain remarkably invisible from aging policy analysis. This project is a collaboration with West Coast LEAF. The Older Women's Dialogue Project explores: What are the pressing law and social policy issues
- [Elder and Guardianship Mediation](https://www.bcli.org/project/elder-and-guardianship-mediation/) - In October 2007, the BC legislature passed the Adult Guardianship and Planning Statutes Amendment Act. Once the Bill is implemented, it will require mandatory mediation for guardianship applications in many common circumstances. While these changes will put British Columbia at the vanguard of guardianship law, mandatory mediation raises a multitude of issues to be addressed
- [Workplace Dispute Resolution Project](https://www.bcli.org/project/workplace-dispute-resolution-project/) - The Ministry of Labour asked the British Columbia Law Institute (BCLI) to conduct legal research and analysis in relation to workplace dispute resolution mechanisms in British Columbia. BC workplaces have evolved significantly over the years, both in terms of the types of employer-employee relationships and the nature of the conflicts that emerge from within the
- [Technology, Remoteness, Disability & Evidence Project](https://www.bcli.org/project/technology-remoteness-disability-evidence-project/)
- [Financial Abuse of Seniors](https://www.bcli.org/project/financial-abuse-seniors/) - Overview On March 26, 2013, CCEL Senior Fellow Laura Tamblyn Watts participated in a National Meeting on Financial Abuse organized by the International Federation on Ageing and held in Toronto. The full day meeting included stakeholders from the financial sector, government officials, and individuals and organizations with expertise in the area of abuse of older
- [Contribution after Settlement under the Negligence Act](https://www.bcli.org/project/contribution-after-settlement-under-negligence-act/)
- [Power of Attorney Elder Abuse Awareness Project](https://www.bcli.org/project/power-attorney-elder-abuse-awareness-project/) - The Canadian Centre for Elder Law worked in partnership with Volunteer Richmond Information Services to develop a package of educational tools to help prevent abuse and misuse of powers of attorney in Chinese communities in Richmond, BC. Misuse of powers of attorney is one of the most commonly reported forms of abuse of older people,
- [Assisted Living Reform Project](https://www.bcli.org/project/assisted-living-reform-project/) - There is a spectrum of housing options for older adults in British Columbia, with independent living on one end and long term residential care on the other. This project focused on the middle point in the spectrum - assisted living. Assisted living combines elements of independent living with some personal and health care services. The
- [Understanding the Lived Experience of Supported Decision Making](https://www.bcli.org/project/understanding-lived-experience-supported-decision-making/) - The Representation Agreement Act is recognized as pioneer legislation, being one of the first supported decision-making legal regimes in the world. Other Canadian jurisdictions have since enacted legislation that recognizes supported or assisted decision-making to some degree, using different language and legal frameworks, generally as part of adult guardianship and adult protection legislation. With funding
- [Rationalizing and Harmonization of BC Common-Law Tests of Capacity](https://www.bcli.org/project/rationalizing-and-harmonization-bc-common-law-tests-capacity/) - It is basic law that mental disability or illness does not, in and of itself, leave a person incapable under the law to carry out transactions, enter into relationships, or manage his or her affairs. The law’s focus is on the degree of mental disability or illness. If a person’s mental illness or disability exceeds
- [Strata Property Law - Phase One](https://www.bcli.org/project/strata-property-law-phase-one/)
- [Strata Property Law - Phase Two](https://www.bcli.org/project/strata-property-law-phase-two/)
- [Project on Potential Undue Influence: Recommended Practices for Wills Practitioners (2011)](https://www.bcli.org/project/project-on-potential-undue-influence-recommended-practices-for-wills-practitioners-2011/) - This project developed a set of recommended practices for will drafters to follow to ensure that the wills they prepare represent the genuine independent wishes of their clients and are insulated against challenge on the basis of undue influence. The impetus for this project was the enactment of section 52 of the Wills, Estates and
- [Unfair Contracts Relief](https://www.bcli.org/project/unfair-contracts-relief/) - The common law and equity have long had doctrines that allow a court to refuse to enforce an otherwise-valid contract because it is unfair. In addition, a number of statutes have been enacted to provide further protection for specific groups and to give courts greater remedial flexibility. The project examined and evaluated selected laws and
- [Be a Savvy Senior: Fraud Protection Strategies for Seniors](https://www.bcli.org/project/be-savvy/) - Project Overview Be a Savvy Senior is a series of educational tools to help seniors protect themselves against fraud. The tools identify some of the most common scams con artists use these days to target seniors. The focus of the tools is to empower seniors to help protect themselves by identifying basic strategies people can
- [DEAR: Dental Elder Abuse Response](https://www.bcli.org/project/dear-dental-elder-abuse-response/) - Project Goals The Canadian Centre for Elder Law worked with Runnymede Dental Centre in Toronto to develop materials and training focused on preventing abuse and neglect of older people, and supporting older adults to develop advance care plans around dental care and oral health. The DEAR project has three fundamental goals: To make seniors, substitute
- [Uniform Vital Statistics Act (Renewal) Project](https://www.bcli.org/project/uniform-vital-statistics-act-renewal-project/)
- [Franchise Act Project](https://www.bcli.org/project/franchise-act-project/)
- [Employment Standards Act Reform Project](https://www.bcli.org/project/employment-standards-act-reform-project/) - BCLI was encouraged to undertake the Employment Standards Act Reform Project because the Act did not adequately address the contemporary needs and circumstances of British Columbia’s workplaces, and was overdue for a review. No comprehensive, independent review of the Act had taken place since the Thompson Report of 1994. As of 2014, when the BCLI project
- [Builders Lien Reform Project](https://www.bcli.org/project/builders-lien-reform-project/)
- [Financing Litigation Legal Research Project](https://www.bcli.org/project/financing-litigation-legal-research-project/)
- [Unfair Contract Terms](https://www.bcli.org/project/unfair-contract-terms/) - Unfair contract terms are specific contract terms that are particularly harsh, grossly one-sided, or unconscionable. Unfair terms limit the general principle of enforceability governing contracts, which holds that contracts should be enforced if they are freely made. This project surveyed recent cases dealing with unfair contract terms, the tools that the law currently provides to
- [Pension Division Review Project](https://www.bcli.org/project/pension-division-review-project/) - Overview The Pension Division Review Project is dedicated to a review of part 6 of British Columbia’s Family Law Act. When a spousal relationship breaks down, the Family Law Act provides for the division of family property between the spouses. Pensions represent a particularly complex form of property to divide in this manner, so the
- [Predatory Lending Issues in Canada](https://www.bcli.org/project/predatory-lending-issues-canada-2/) - Predatory lending is the practice whereby a lender deceptively persuades a borrower to agree to abusive loan terms. It is closely tied to the concept of subprime mortgage lending, which is the practice of making loans to borrowers who do not qualify for the best market interest rates. In the United States, the expansion in
- [Parental Support Obligation in Section 90 of the Family Relations Act](https://www.bcli.org/project/parental-support-obligation-section-90-family-relations-act/) - Section 90 of the Family Relations Act creates a legal obligation for adult children to support their dependent parents. This legal obligation exists independently of any moral obligation that children may feel to support their parents in old age. Section 90 gives a parent a right to go to court to compel a child to
- [Wills, Estates and Succession: A Modern Legal Framework](https://www.bcli.org/project/wills-estates-and-succession-modern-legal-framework/) - The law surrounding the passage of property on death by means of a will or intestate inheritance is known as the law of succession. Nearly everyone comes into contact with succession law at some point because of the death of a relative or spouse. Despite this, succession is one of the most antiquated and neglected
- [Unnecessary Requirements for Sworn Statements](https://www.bcli.org/project/unnecessary-requirements-sworn-statements/) - This project revisited work done in the 1970s by the Law Reform Commission of British Columbia. It examined requirements imposed by statute or regulation to provide a sworn statement as part of an out of court transaction. The project classified these requirements using an eleven category classification system developed by the Law Reform Commission and
- [Promising Practices for Housing Women who are Older and Fleeing Violence or Abuse](https://www.bcli.org/project/promising-practices-in-housing-older-women-fleeing-violence-or-abuse/) - Overview The CCEL was retained by Atira Women's Resources Society as writer and developer on their national project on promising practices in housing women who are older and fleeing violence or abuse. This project involved working with a national advisory committee of women with expertise in violence against older women to develop a collaboratively created
- [Public Hearings Project](https://www.bcli.org/project/public-hearings-project/) - Overview The Local Government Act enables a municipality or regional district to hold a public hearing as part of the process to adopt a planning or land-use bylaw. Except in narrowly defined circumstances, whenever a local government seeks to adopt an official community plan, a zoning bylaw, or a bylaw providing for the early termination
- [Personal Liability of Society Directors and Officers](https://www.bcli.org/project/personal-liability-society-directors-and-officers/) - This project studied the sources of legal liability of directors and officers of not-for-profit societies and considers proposals for reform of the law. Keywords: societies, volunteers, associations, charity, tort, directors' duties, liability, business & non-profits
- [Health Care Decision-Making: Legal Rights of People Living with Dementia](https://www.bcli.org/project/health-care-decision-making-legal-rights-of-people-living-with-dementia/) - Overview People living with dementia often find that their decision-making rights are not respected. Some people assume that if you have dementia you cannot understand information or make choices. This exclusion happens within health care institutions and also in the larger community. On this page you will find a set of resources on the decision-making
- [Legal Definitions of Elder Abuse and Neglect](https://www.bcli.org/project/legal-definitions-elder-abuse-and-neglect/) - Elder abuse and neglect is a significant issue in Canada, and one of particular national importance to seniors. The Canadian Federal Department of Justice has asked the Canadian Centre for Elder Law to provide a study in the area of elder abuse and neglect legal definitions in Canada and in Commonwealth comparator jurisdictions. The purpose
- [Reverse Mortgages](https://www.bcli.org/project/reverse-mortgages-2/) - A reverse mortgage is a type of loan made to senior citizen homeowners, allowing them to use their homes as collateral to get cash. No payments on the loan are due until the homeowner dies, or the home is sold or abandoned. Interest is added to the loan balance over time and the amount owed
- [The Recognition of Adult Guardianship Orders from Outside the Province](https://www.bcli.org/project/recognition-adult-guardianship-orders-outside-province/) - This project explored the procedures surrounding issues that arise when adult guardianship orders are made outside the province. Adult guardianship orders appoint persons to make decisions and manage the physical well-being, property, and financial affairs in circumstances where individuals are unable to act for themselves. The Report issued as part of this project made recommendations
- [Appointing a Guardian and Standby Guardianship](https://www.bcli.org/project/appointing-guardian-and-standby-guardianship/) - Parents and other guardians of small children want to ensure that their children will be provided for in case they pass away, or otherwise become unable to care for them. This project explored four issues related to the guardianship of children: (1) whether provisions relating to testamentary guardianship, guardianship appointed by will or deed, belong
- [Health Care Decisions and End-of-Life Issues](https://www.bcli.org/project/health-care-decisions-and-end-life-issues/) - This project considers issues arising out of the implementation of new adult guardianship legislation, in particular the Health Care (Consent) and Care Facility (Admission) Act (the HCCF). This project discusses those issues and also delves into implementation of two other statutes that also came into force as of 28 February 2000: the Representation Agreement Act,
- [The Need for Uniform Jurisdiction and Choice of Law Rules in Domestic Property Proceedings](https://www.bcli.org/project/need-uniform-jurisdiction-and-choice-law-rules-domestic-property-proceedings/) - When a family property dispute ends up before the court, the division of property can be an expensive and time-consuming process. The difficulties associated with a trial create hardships for all parties involved, whether directly or indirectly. These difficulties are compounded when issues of jurisdiction and choice of law arise in the proceedings. With the
- [Gender-Free Legal Writing: Managing the Personal Pronouns](https://www.bcli.org/project/gender-free-legal-writing-managing-personal-pronouns/) - The vast majority of laws apply to persons of all kinds, and most words used to designate a person who has a particular legal status are not concerned with the characteristics of sex or artificiality. Where a statement of any complexity is made about a person, the maker of the statement may face decisions about
- [Proposals for a Contract Law Reform Act](https://www.bcli.org/project/proposals-contract-law-reform-act/) - The general law of contracts is almost entirely a creation of the courts. Legislative intervention has been rare. Statutes in British Columbia contain six instances of intervention in relation to the general law of contract. Five of these consist of particular sections of the Law and Equity Act and the sixth takes the form of
- [Recognition of Spousal and Family Status](https://www.bcli.org/project/recognition-spousal-and-family-status/) - The Attorney General asked the British Columbia Law Institute to review the statute law of British Columbia and make recommendations for legislative changes necessary to provide legal recognition to the variety of family relationships in the province, and to address the rights and obligations that should attach to those relationships. The request from the Attorney
- [Statutory Remuneration of Trustees and Trustees' Accounts](https://www.bcli.org/project/statutory-remuneration-trustees-and-trustees-accounts/) - This report contains recommendations for changes to the Trustee Act dealing with remuneration of trustees and related matters. In all provinces and territories, trustees and personal representatives (executors and administrators) have a statutory right to receive remuneration for their services from the trust or estate. Statutory remuneration in British Columbia takes the form of an
- [Enforcement of Non-money Judgments from Outside the Province](https://www.bcli.org/project/enforcement-non-money-judgments-outside-province/) - A party who has obtained a judgment in one province may find that it is not enforceable elsewhere in Canada and may, depending on a variety of factors, be required to bring an entirely new action in the province where enforcement is sought. This project identifies and discusses a significant number of threads of jurisprudence
- [New Home Warranties](https://www.bcli.org/project/new-home-warranties/) - The British Columbia Law Institute's project on warranties and related issues arising from defects in new housing grew from public concern during the 1990s, when the problem of "leaky condos" in the lower mainland demonstrated the inadequacy of legal protection for purchasers of new condos. This project considers the need for statutory warranties that would
- [Statutory Powers of Delegation by Trustees](https://www.bcli.org/project/statutory-powers-delegation-trustees/) - This report is the third made by the Trustee Act Modernization Committee of the British Columbia Law Institute. It is part of a broader study of the Trustee Act. This report examines the statutory powers of delegation in connection with its the Trustee Act. A trust is a relationship in which a designated trustee holds
- [Civil Remedies for Sexual Assault](https://www.bcli.org/project/civil-remedies-sexual-assault/) - This project addresses the way in which civil damages are assessed and awarded to the victims of sexual assault. Civil actions for damages, broadly speaking, comprise lawsuits commenced by plaintiffs against defendants for alleged wrongful conduct. Sexual assault can be defined as the intentional application of force that violates a person's sexual integrity, without that
- [Total Return Investing by Trustees](https://www.bcli.org/project/total-return-investing-trustees/) - A trust is a relationship in which a designated trustee holds title to assets for the benefit of a designated person called the beneficiary. A trust is typically established when an owner of property (called the settlor) transfers the property to a trustee on terms describing how the trustee is to administer the property to
- [Exculpation Clauses in Trust Instruments](https://www.bcli.org/project/exculpation-clauses-trust-instruments/) - An exculpation clause in a trust instrument is a clause that relieves a trustee from liability for the negligent administration of a trust. A trustee is a person or institution to whom legal title to property is entrusted for the benefit of another. Trustees assume a fiduciary duty in relation to the named beneficiaries on
- [Private Care Agreements Between Older Adults and Friends or Family Members](https://www.bcli.org/project/private-care-agreements-between-older-adults-and-friends-or-family-members/) - A private care agreement involves an older adult's transfer of property, usually residential property, to a friend or family member in exchange for a promise of care and support in the home. The arrangement is usually made orally and without legal advice, and the law regarding enforcement of such agreements is unclear. This project reviews
- [The Ultimate Limitation Period: Updating the Limitation Act](https://www.bcli.org/project/ultimate-limitation-period-updating-limitation-act/) - This project examines the ultimate limitation period contained in section 8 of the Limitation Act. The project identifies a number of problems associated with section 8 and makes recommendations with particular attention to: the appropriate length and commencement date of the ULP; the future of special ULPs; and the potential protections for particular groups currently
- [Builders Liens and Arbitration](https://www.bcli.org/project/builders-liens-and-arbitration/) - British Columbia's Builders Lien Act protects participants in a construction project such as subcontractors, workers, and suppliers of material by providing for a special claim on property for the payment or performance of some debt, obligation, or duty called a lien. A lien is claimed against the construction project itself, and if successful will allow
- [The Uniform Liens Act](https://www.bcli.org/project/uniform-liens-act/) - A lien is a legal claim against property that can prevent it from being sold unless the lien is paid off. This project examined the law governing the liens of repairers, storers, and common carriers. These commercial liens are supposed to provide persons who have repaired, stored, or transported goods to secure payment of the
- [Creditor Access to the Assets of a Purpose Trust](https://www.bcli.org/project/creditor-access-assets-purpose-trust/) - This report discusses the ruling of the Ontario Court of Appeal in Re Christian Brothers of Ireland in Canada. The ruling asserted that assets held by a charity on a charitable trust for a special purpose were available to satisfy the claims of creditors, even where those claims arose out of circumstances wholly unrelated to
- [The Builders Lien Act and the Pipeline Problem](https://www.bcli.org/project/builders-lien-act-and-pipeline-problem/) - This project examined the "pipeline problem" that arises occasionally in connection with the Builders Lien Act. When pipelines are constructed across private land, the private landowner has no right to refuse a pipeline right-of-way across his or her land. If the pipeline contractor fails to pay the workers, subcontractors, or suppliers, those persons may end
- [A Legal Framework for Informal Public Appeal Funds](https://www.bcli.org/project/legal-framework-informal-public-appeal-funds/) - Appeals to the public for donations are very often made spontaneously when disaster strikes or when funds are needed for a cause that excites public sympathy. Unlike fundraising campaigns by organized charities, these informal public appeals are often carried out with little planning. Sometimes it is not possible to use the entire fund raised by
- [The Variation and Termination of Trusts](https://www.bcli.org/project/variation-and-termination-trusts/) - This topic was part of the broader project on modernization of the Trustee Act. It addresses mechanisms for varying the terms of a trust. A trust is a relationship in which a designated trustee holds title to assets for the benefit of a designated person or persons who are called the beneficiaries. Sometimes trusts are
- [Post-Accident Remedial Measures](https://www.bcli.org/project/post-accident-remedial-measures/) - This project examined the law relating to the admission of post-accident remedial measures as evidence of negligence. The law now permits post-accident remedial measures to be admitted in litigation as evidence of negligence. The current scheme may discourage people from taking steps to ensure that future accidents do not occur, in order to avoid having
- [Builders Liens After the Shimco Case](https://www.bcli.org/project/builders-liens-after-shimco-case/) - This project examined the decisions of the British Columbia Supreme Court and British Columbia Court of Appeal in Shimco Metal Erectors Ltd. v. Design Steel Constructors Ltd., and the court's interpretation of provisions of the Builders Lien Act. The Shimco case established a controversial remedy under the Builders Lien Act, which provides an independent lien
- [Financial Arrangements Between Older Adults and Family Members: Loans and Guarantees](https://www.bcli.org/project/financial-arrangements-between-older-adults-and-family-members-loans-and-guarantees/) - The project explored financial arrangements within families whereby the assets of older adults are used for the benefit of younger family members. These benefits most often take the form of loans or guarantees, and reflect the sincere desire of older adults to help their family members. They may, however, have a very negative impact on
- [A Modern Trustee Act for British Columbia](https://www.bcli.org/project/modern-trustee-act-british-columbia/) - A trust is a relationship that is established when an owner of property called the settlor makes a disposition of property to a trustee. The designated trustee holds title to the assets for the benefit of a designated person or persons called the beneficiaries on terms describing how the trustee is to administer the property
- [Spoliation of Evidence](https://www.bcli.org/project/spoliation-evidence/) - Spoliation in a legal context refers to the destruction, mutilation, alteration, or concealment of evidence. In British Columbia, those who suffer due to spoliation may be entitled to one or more of a variety of remedies. This project sheds some light on the existing sanctions for spoliation of evidence in relation to civil trials, the
- [The Uniform Civil Enforcement of Money Judgments Act](https://www.bcli.org/project/uniform-civil-enforcement-money-judgments-act/) - This project examined a proposal for the reform of the civil enforcement system that governs the legal procedures that apply to the enforcement of money judgments. A money judgment is an order issued by a court for a party to a lawsuit to pay the other party a sum of money. Often money judgments go
- [Leases of Unsubdivided Land and the Top Line Case](https://www.bcli.org/project/leases-unsubdivided-land-and-top-line-case/) - This project examined legal issues that arose in the wake of the B.C. Court of Appeal's decision in International Paper Industries Ltd. v. Top Line Industries Inc. This case considered section 73 of the Land Title Act, which outlines restrictions surrounding the subdivision of land into smaller parcels for the purpose of leasing or transferring
- [Viatical Settlements](https://www.bcli.org/project/viatical-settlements-2/) - A viatical settlement is a transaction where a terminally ill individual who owns a life insurance policy sells it to a third party. The third party agrees to pay the insured individual an amount that is less than the value of the insurance policy, and to pay the premiums of the insurance policy as they
- [A Comparative Analysis of Adult Guardianship Laws in BC, New Zealand and Ontario](https://www.bcli.org/project/comparative-analysis-adult-guardianship-laws-bc-new-zealand-and-ontario-2/) - An adult guardian is somebody who is appointed to make decisions for an adult who is not capable of doing so. Individuals might need an adult guardian if they suffer from conditions such as a mental illness or handicap, a degenerative disease, or a head injury. This appointed individual is called a committee. The laws
- [British Columbia Privacy Act](https://www.bcli.org/project/british-columbia-privacy-act/) - This project involved a review of the Privacy Act of British Columbia, which makes the violation of privacy a tort. The Privacy Act was the first legislation to be passed in the British Commonwealth to give a right to sue for violation of privacy. The project was directed at updating and revising this statute in
- [Joint Project to Create a Harmonized Legal Framework for Unincorporated Nonprofit Associations in North America](https://www.bcli.org/project/joint-project-create-harmonized-legal-framework-unincorporated-nonprofit-associations/) - The unincorporated nonprofit association is the default mode of nonprofit activity. Whenever people band together to carry out one or more nonprofit purposes and take no steps to incorporate or create a charitable trust, they form an unincorporated nonprofit association. This category includes everything from small-scale members' clubs, charities, neighbourhood groups, and athletic teams, up
- [Conflicts of Interest: Directors and Societies (1995)](https://www.bcli.org/project/conflicts-interest-directors-and-societies-1995/) - Currently, a director of a society may enter into a transaction with the society so long as the director's interest is disclosed and the transaction is approved by the other directors. The rules permit a director to profit personally from the connection with the society. Many people have doubted the appropriateness of such a result
- [The Legal Consequences of a Temporary Land Title Office Shutdown (1995)](https://www.bcli.org/project/legal-consequences-temporary-land-title-office-shutdown-1995/) - In British Columbia, registration is necessary in order to transfer ownership of land. Registration is also necessary in order to ensure that a charge, such as a mortgage, will have priority over subsequent dealings with the land. This is because British Columbia, like other western provinces, adopted the Torrens system for land registration. The purpose
- [Defective Contracts Relief](https://www.bcli.org/project/defective-contracts-relief/) - This project concerned issues associated with the implementation in British Columbia of the Uniform Illegal Contracts Act recommended by the Uniform Law Conference of Canada for enactment in common law provinces and territories. The Uniform Act would empower superior courts to mitigate harsh and unjust results sometimes produced by the common law rules on illegality
- [Assisted Living: Past, Present and Future Legal Trends in Canada](https://www.bcli.org/project/assisted-living-past-present-and-future-legal-trends-canada/) - This project provided a starting point to engage in a national conversation about a critical "middle option" of health / housing in Canada. This middle option, called "supportive housing / assisted living" in this project, lies at the centre of a seniors' housing continuum. This project was made possible by funding from the Good Samaritan
- [Predatory Lending Issues in Canada](https://www.bcli.org/project/predatory-lending-issues-canada/) - Predatory lending is the practice whereby a lender deceptively persuades a borrower to agree to abusive loan terms. It is closely tied to the concept of subprime mortgage lending, which is the practice of making loans to borrowers who do not qualify for the best market interest rates. In the United States, the expansion in
- [Consideration of Testamentary Capacity in the British Columbia Succession Law Reform Project](https://www.bcli.org/project/consideration-testamentary-capacity-british-columbia-succession-law-reform-project/) - This short paper by Gregory G. Blue describes an interdisciplinary debate on possible reform and statutory codification of the classic principles surrounding testamentary capacity as enunciated in Banks v Goodfellow. The debate in question took place in the course of the British Columbia Law Institute's Succession Law Reform Project, an initiative supported by the Attorney
- [Canadian Conference on Elder Law 2012](https://www.bcli.org/project/canadian-conference-elder-law-2012/) - The Canadian Conference on Elder Law 2012’s Advocacy and Aging: From Storytelling to Systemic Change brought together Canadian and international experts, academics, lawyers, health care professionals and advocates to promote and advance the discussion of elder law issues. Selected experts in attendance included Madam Justice Marion Allan, Kim Carter, Ombudsperson of B.C., Jay Chalke, Q.C., Candace
- [Canadian Network for the Prevention of Elder Abuse, Knowledge Sharing Project](https://www.bcli.org/project/canadian-network-for-the-prevention-of-elder-abuse-knowledge-sharing-project/) - The Canadian Centre for Elder Law has been contracted by the Canadian Network for the Prevention of Elder Abuse (CNPEA) to coordinate their knowledge-sharing work. The CNPEA is a national, non-profit organization focused on elder abuse prevention and response. They: Connect people and organizations; Foster the exchange of reliable information; and Advance program and policy
- [Enduring Powers of Attorney](https://www.bcli.org/project/enduring-powers-attorney/) - Working as part of the Western Canada Law Reform Agencies consortium, CCEL participated in the law reform project that led to the publication of Enduring Powers of Attorney: Areas for Reform. The final report was released in July 2008 and can be accessed on the Alberta Law Reform Institute's website.
- [Aging With Challenges](https://www.bcli.org/project/aging-challenges/) - The concept of "Aging with Challenges" attempts to describe issues raised in relation to aging persons who also have exceptional challenges, including disease, physical or mental challenges, or specific health concerns. Cultural challenges will also be considered under this rubric. Part of the mandate of the CCEL is to identify "hidden issues". Some advocacy and
- [Financial 101: Protect Yourself!](https://www.bcli.org/project/financial-101-protect-yourself/) - Financial literacy is a complex concept. In the context of working with older adult consumers, financial literacy include understanding advance financial planning and mental capacity issues, recognizing elder financial abuse, and knowing what you can do if you or someone you know experiences financial abuse. Protect Yourself! (also known as Financial Literacy 101) is a self-contained
- [Older Women's Legal Education Project](https://www.bcli.org/project/older-womens-education-project/) - Overview Handbook: Road to Safety: Legal Information for Older Women in BC Wallet sized cards available in 12 languages. This project was a collaboration of CCEL and West Coast LEAF (WCL). The project addressed a serious gap in existing public legal education resources: information tailored to older women fleeing abuse. Currently, the services that address elder
- [Elder Abuse in Chinese and South Asian Communities](https://www.bcli.org/project/elder-abuse-in-chinese-and-south-asian-communities/) - Visual Mapping of Needs Assessment Results Poster If you would like free copies of the Simplified Chinese and Punjabi posters please contact 604-822-0564, or kjames@bcli.org. The posters state: Healthy Aging means: Feeling safe in your home Feeling respected in your family. Is someone in your family hurting
- [Abolition of Prescription (1970)](https://www.bcli.org/project/abolition-prescription-1970/) - In theory, it used to possible in British Columbia for rights to be acquired over land by periods of adverse use or enjoyment (not amounting to possession). These rights were said to be acquired by "prescription." Both legislation and case law had, by the date of this project, severely restricted the operation of prescription, raising the question of whether it
- [The Need For Frustrated Contracts Legislation in British Columbia, Report on (1971)](https://www.bcli.org/project/need-frustrated-contracts-legislation-british-columbia-report-1971/) - When events beyond the control of contracting parties make their contract impossible to perform, that contract is said to be frustrated. The common law developed a doctrine of frustrated contracts which provided that such contracts were void from the time of frustration. This project examines whether legislation is needed to overcome problems created by the
- [Debt Collection and Collection Agents (1971)](https://www.bcli.org/project/debt-collection-and-collection-agents-1971/) - British Columbia has had legislation since the 1930s to protect borrowers from unscrupulous practices employed by creditors and their debt-collection agents. At the time this project was carried out, that legislation had not kept pace with the dramatic expansion in consumer credit. This project examines options for reforming this area of the law, to bring
- [Expropriation, Report on (1971)](https://www.bcli.org/project/expropriation-report-1971/) - Expropriation is the lawful acquisition of one person's property by another person without the former's consent. In British Columbia, the vast majority of expropriations involve the compulsory transfer of land or rights in land from private owners to the government or to a government agency for a public purpose. This project is primarily focussed on
- [Mechanics' Lien Act: Improvements on Land (1972)](https://www.bcli.org/project/mechanics-lien-act-improvements-land-1972/) - British Columbia has had legislation creating mechanics liens (now called builders liens) since the late nineteenth century. In broad terms, the effect of this legislation is to bring about a departure from the general principle of the law that, in the absence of security for a debt being obtained by bargaining for it, no security
- [Deficiency Claims and Repossessions (1972)](https://www.bcli.org/project/deficiency-claims-and-repossessions-1972/) - This Report focuses on a highly specific aspect of debtor-creditor relationships-the law governing repossession and deficiency claims. The existing law (as of the date of this project) does not adequately serve contemporary social needs and creates situations that may invite abuse by unscrupulous creditors. This project considers recommendations that would, if enacted, effectively limit and
- [Legal Position of the Crown (1972)](https://www.bcli.org/project/legal-position-crown-1972/) - In any dispute between the Crown (in right of British Columbia) and one of its subjects, the existing law gives the Crown a number of special advantages, known as "Crown immunity." In this project, the Law Reform Commission considers the extent to which the doctrine of Crown immunity is justified and puts forward recommendations, which
- [The Law of Evidence (1973)](https://www.bcli.org/project/law-evidence-1973/) - This interim report focuses on recommending changes to the British Columbia Evidence Act in order to improve the then-current law of evidence as it affects British Columbia. This interim report is part of a larger overall study that seeks to promote uniformity between various provincial Evidence Acts, and between federal and provincial laws of evidence.
- [Pre-Judgment Interest (1973)](https://www.bcli.org/project/pre-judgment-interest-1973/) - This project is concerned with legislative reform in the area of pre-judgment interest. At the time the project was carried out, only a relatively narrow range of claims would give rise to the awarding of pre-judgment interest. This area of law was both complex and obscure and the existing legislation did not adequately address the
- [Landlord and Tenant Relationships: Residential Tenancies (1973)](https://www.bcli.org/project/landlord-and-tenant-relationships-residential-tenancies-1973/) - At the time of this project, British Columbia had recently made a break with the traditional legal framework governing residential tenancies, which effectively subsumed them into a set of age-old legal rules governing land. Nevertheless, much work remained to be done to create a modern legal structure that fully encompassed the special nature of the
- [Limitations: General (1974)](https://www.bcli.org/project/limitations-general-1974/) - Limitation periods require potential plaintiffs to commence lawsuits within specified times in order to preserve their rights against potential defendants. Their purpose is to ensure that lawsuits are brought within a reasonable time, so people are not subject to the threat of being sued over a particular matter for an indefinite period. At the time
- [Costs of Accused on Acquittal (1974)](https://www.bcli.org/project/costs-accused-acquittal-1974/) - Keywords: costs; accused; acquittal; provincial; offence; crown; procedure; criminal; civil rights; summary conviction; trial; appeal; Crown This project is concerned with whether a person who has been acquitted of a charge under a provincial statute creating an offence should be entitled to be reimbursed for costs expended in mounting a defence to the charge.
- [Procedure before Statutory Agencies (1974)](https://www.bcli.org/project/procedure-statutory-agencies-1974/) - Keywords: administrative; procedure; adjudication; hearing; reasons; statutory agency; tribunal; board; commission; rulemaking; fairness; bias; natural justice; judicial review; decision; evidence; disclosure; cross-examination; notice; record One of the most fundamental ideals of a democratic society is that the power of the executive branch of government should be exercised in a fair and just manner according to
- [A Procedure for Judicial Review of the Actions of Statutory Bodies (1974)](https://www.bcli.org/project/procedure-judicial-review-actions-statutory-bodies-1974/) - Keywords: administrative; procedure; judicial review; statutory agency; tribunal; body; certiorari; mandamus; prohibition; declaration; injunction; quo warranto; standing; locus standi; appeal; natural justice; board; commission This project is concerned with the procedures by which the courts ordinarily review the legality of actions or omissions of agencies of government. Its focus is on the prerogative writs of
- [Costs of Successful Unassisted Lay Litigants (1975)](https://www.bcli.org/project/costs-successful-unassisted-lay-litigants-1975/) - Keywords: costs; taxation; disbursement; nonlawyer; tariff; civil rights; successful; unassisted; lay; litigant In our system of civil litigation, the loser of a court case is generally liable to pay the costs incurred in conducting that case by the winner. This general rule is subject to several exceptions, one of which applies to cases where the
- [The Termination of Agencies (1975)](https://www.bcli.org/project/termination-agencies-1975/) - Keywords: termination; agency; agent; principal; power of attorney; liability; seal; trustee; partnership; corporation; revocation The focus of this project is on defects in the Powers of Attorney Act. The version of the act in force at the time of this project had a number of problems, including poor drafting, uncertain scope, and confusion over policy
- [Powers of Attorney and Mental Incapacity (1975)](https://www.bcli.org/project/powers-attorney-and-mental-incapacity-1975/) - Keywords: power of attorney; mental; incapacity; agency; agent; termination; enduring; incompetence; principal; revocation; public trustee; filing; form; execution; duration This project is devoted to an examination of the law relating to the terminating effect of mental capacity on powers of attorney. At the time the project was carried out, a power of attorney would automatically
- [Personal Property Security (1975)](https://www.bcli.org/project/personal-property-security-1975/) - Keywords: personal; property; personal property security; chattel mortgage; conditional sale; debtor; creditor; consumer; debenture; interest; priority; floating charge; charge; pledge; consignment; Bank Act; credit; debt; book debt; assignment; lease; attachment; perfection; collateral; bill of sale; purchase-money; registration; consumer protection; security; proceeds Frequently, a lender will require a borrower to grant the lender an interest in
- [Security Interests in Real Property: Remedies on Default (1975)](https://www.bcli.org/project/security-interests-real-property-remedies-default-1975/) - Keywords: remedy; default; mortgage; agreement; sale; personal; covenant; foreclosure; redemption; reinstatement; conveyance; security; real; property; land In British Columbia, there are two principal devices used to create consensual security interests in land-the mortgage and the agreement for sale. Although the devices are functionally identical, the law and practice relating to them diverges on a number
- [Minors' Contracts (1976)](https://www.bcli.org/project/minors-contracts-1976/) - Keywords: minor; contract; infant; capacity; age of majority; necessaries; grant; liability; misrepresentation; agency; service; consent; binding; child; incapacity; voidable; void; tort; fraud; guarantee; indemnity; married; affirmation; repudiation; property The law has always given special protection to persons under the age of majority (which is set at 19 years old in BC). For minors' contracts, this
- [Extra-Judicial Use of Sworn Statements (1976)](https://www.bcli.org/project/extra-judicial-use-sworn-statements-1976/) - Keywords: sworn; statement; evidence; witness; affidavit; formality; statutory declaration; verification; oath; swear; commissioner; notary; perjury; affirmation; declaration; criminal; liability; corroboration A sworn statement is an affidavit, affirmation, statutory declaration, solemn declaration, or other such document requiring compliance with certain formalities as a means of attesting to the truth of the document's contents. This project surveys
- [The Rule in Bain v. Fothergill (1976)](https://www.bcli.org/project/rule-bain-v-fothergill-1976/) - The rule in Bain v. Fothergill-which was given its definitive statement in a nineteenth-century English case of that name-holds that damages for breach of contract are not ordinarily available to a purchaser under a contract for the sale of land if the breach is due to a defect in title to the land. This project
- [The Rule in Hollington v. Hewthorn (1977)](https://www.bcli.org/project/rule-hollington-v-hewthorn-1977/) - Keywords: Hollington v. Hewthorn; previous; conviction; acquittal; burden of proof; proof; evidence; admissibility; defamation; civil; proceeding; jury; action; judgment; offence; hearsay; abolition; plea; matrimonial; cause; adultery; filiation In civil proceedings, evidence that a party to the lawsuit has previously been convicted of an offence arising out of the same facts as are at issue in
- [Waiver of Conditions Precedent in Contracts (1977)](https://www.bcli.org/project/waiver-conditions-precedent-contracts-1977/) - Keywords: waiver; condition precedent; contract; contingent; promissory; obligation; Turney v. Zhilka Sometimes a contract, particularly one involving the sale of land, contains a provision that the performance of the obligations of one or both parties is conditional upon the happening of some event beyond their control. This project examines both these provisions, known as conditions
- [Proof of Marriage in Civil Proceedings (1977)](https://www.bcli.org/project/proof-marriage-civil-proceedings-1977/) - Keywords: proof; marriage; civil; proceeding; evidence; best; divorce; validity; capacity; strict; proof; certificate; ceremony; oral; testimony Sometimes, the existence of a marriage is relevant in civil proceedings. For example, a person may claim an inheritance on the basis of being the widow or widower of the deceased. In this short project, the Law Reform Commission
- [The Statute of Frauds (1977)](https://www.bcli.org/project/statute-frauds-1977/) - Keywords: Statute of Frauds; evidence; writing; signature; contract; land; guarantee; indemnity; part performance; misrepresentation; real; property; formality; goods; sale; fraud; restitution; equity; conveyance; agreement; oral; gift; trust; enforceability The Statute of Frauds was enacted to combat a number of fraudulent practices in the law of evidence and required certain transactions, notably those concerning land, to
- [Tort Liability of Public Bodies (1977)](https://www.bcli.org/project/tort-liability-public-bodies-1977/) - Keywords: Rylands v. Fletcher; tort; liability; public; body; authority; municipality; highway; repair; misfeasance; non-feasance; damages; statutory; nuisance; damage; negligence Where an individual suffers a wrong or sustains a loss at the hands of a public body there are certain circumstances in which the public body enjoys immunity from liability. This project examines the immunity of
- [Offences Against the Person Act, 1828, Section 28 (1977)](https://www.bcli.org/project/offences-against-person-act-1828-section-28-1977/) - Keywords: offence; person; tort; assault; criminal; res judicata; autrefois; acquit; convict; certificate; immunity; civil; proceeding; Offences Against the Person Act, 1828 Section 28 of the Offences Against the Person Act, 1828, provided that if a person had faced criminal proceedings for a minor assault, that person would, if certain conditions were met, be freed of
- [The Absconding Debtors Act and Bail Act: Two Obsolete Acts (1977)](https://www.bcli.org/project/absconding-debtors-act-and-bail-act-two-obsolete-acts-1977/) - Keywords: absconding; debtor; bail; attachment; fraudulent; creditor; Absconding Debtors Act; Bail Act Both the Absconding Debtors Act and the Bail Act were products of an old civil procedure that was abolished many years ago. This short project examined both Acts and recommended their repeal.
- [The Replevin Act (1978)](https://www.bcli.org/project/replevin-act-1978/) - Keywords: replevin; recovery; goods; personal; property; chattel; rent; distress; wrongful; detention; Replevin Act; relief; interim; summons; procedure; sheriff; power; repeal The Replevin Act permitted the speedy recovery of personal property that had been wrongfully withheld from a person entitled to possession. This project undertook a review of the Act and made recommendations to replace its
- [Attachment of Debts Act (1978)](https://www.bcli.org/project/attachment-debts-act-1978/) - Keywords: attachment; debtor; creditor; debt; remedy; garnishment; court; order; enforcement; judgment; prejudgment; pre-judgment; postjudgment; post-judgment; accruing; due; Attachment of Debts Act; exemption; payment; bank account; fund; jurisdiction; writ The Attachment of Debts Act provided a remedy for creditors whereby execution proceedings could be taken against a certain type of asset: namely the right to receive
- [Execution Against Land (1978)](https://www.bcli.org/project/execution-against-land-1978/) - Keywords: execution; land; real; property; enforcement; creditor; homestead; registration; joint tenancy; mortgage; title; unsecured; debtor; interest; possession; redemption; judgment; charge; third party; joint tenant; sale; partition; security; prejudgment This project examined the Execution Act, which provided a scheme whereby a judgment creditor could proceed against an interest in land belonging to the judgment debtor to
- [Creditors' Relief Legislation: A New Approach (1979)](https://www.bcli.org/project/creditors-relief-legislation-new-approach-1979/) - Keywords: creditor; relief; judgment; execution; priority; distribution; proceeds; bankruptcy; recovery; attachment; enforcement; debtor; debt; sale; sheriff; Creditors Relief Act This project examines the Creditors Relief Act, which was enacted to provide for the equal distribution among creditors of a debtor's property realized on enforcement.
- [Guarantees of Consumer Debts (1979)](https://www.bcli.org/project/guarantees-consumer-debts-1979/) - Keywords: guarantee; guarantor; consumer; debt; indemnity; negotiable instrument; surety; reimbursement; disclosure; security; subrogation; exoneration; minor; quia timet; discharge; contract; liability; exclusion; contracting out; waiver A creditor often seeks protection from a potential default by a debtor by demanding that a third party undertake to make good any default that might occur. This third party is
- [Parol Evidence Rule (1979)](https://www.bcli.org/project/parol-evidence-rule-1979/) - Keywords: parol evidence rule; writing; contract; agreement; collateral; oral; admissibility; proof; extrinsic When the parties to a contract have apparently set down all the terms and conditions in a written document, extrinsic evidence is inadmissible to add to, vary, or contradict those terms and conditions. This feature of the law of contracts is known as
- [Civil Litigation in the Public Interest (1980)](https://www.bcli.org/project/civil-litigation-public-interest-1980/) - Keywords: civil; litigation; procedure; appeal; public interest; advocacy; standing; locus standi; ratepayer; class action; nuisance; Attorney General; relator; fiat; ultra vires; public right; amicus curiae; remedy Traditionally at common law private individuals did not have the right to commence proceedings in the public interest, asking the courts to protect the public at large against an
- [The Calculation of Interest on Foreclosure (1980)](https://www.bcli.org/project/calculation-interest-foreclosure-1980/) - Keywords: calculation; interest; foreclosure; mortgage; redemption; accounting; registrar; notice; land; order; nisi; sale; default; remedy A mortgagor who wishes to redeem land that is subject to a foreclosure proceeding must, among other things, pay the interest that has accrued on the loan. This project concerns a divergence that had developed in the courts on how
- [The Recovery of Unauthorized Disbursements of Public Funds (1980)](https://www.bcli.org/project/recovery-unauthorized-disbursements-public-funds-1980/) - Keywords: recovery; restitution; disbursement; expenditure; public; fund; money; authority; unauthorized; defence; estoppel; mistake; government; crown; interest; loss; Financial Administration Act; Crown The common law has formulated an absolute rule that holds that the government has an unqualified right to recover money disbursed from public funds without the requisite statutory authority. This project examines whether reforms
- [Discount Rates (1980)](https://www.bcli.org/project/discount-rates-1980/) - The issue of discount rates was first referred to the Commission in a letter from the Deputy Attorney General in February of this year. That letter enclosed a copy of a draft Prospective Pecuniary Damages Act dealing, inter alia, with discount rates and Mr. Vogel requested the Commission to “assess this proposal and make constructive
- [Cable Television and Defamation (1981)](https://www.bcli.org/project/cable-television-and-defamation-1981/) - Keywords: cable; television; defamation; libel; slander; CATV; reputation; privilege; qualified; absolute; broadcast; apology; retraction; licence; media; press; fair comment; freedom; damage This project concerns an anomaly in the Libel and Slander Act. That Act contains special provisions protecting conventional broadcasters, but these provisions were enacted at a time before cable television was available and they
- [Benefits Conferred Under a Mistake of Law (1981)](https://www.bcli.org/project/benefits-conferred-under-mistake-law-1981/) - Keywords: benefit; mistake; law; money; foreign; fact; restitution; unjust enrichment; equity; contract; gift; ultra vires; recovery; in pari delicto; municipality; duress; relief; quasi-contract; contract; implied; quantum meruit
- [The Making and Revocation of Wills (1981)](https://www.bcli.org/project/making-and-revocation-wills-1981/) - This project examines the formalities imposed by statute onthe making of wills and other estate-planning instruments. Familiar examples ofsuch formalities include signing and witnessing requirements. The projectcanvasses the effect of these statutory formalities on various issues,including the capacity of minors, soldiers' and mariners' wills, theinternational form of will, the effect of improperly executed wills, thecapacity
- [Distress for Rent (1981)](https://www.bcli.org/project/distress-rent-1981/) - Landlords under a commercial lease in British Columbia have the right to seize and sell the tenant's goods to satisfy arrears of rent. The name of this remedy is distress for rent. Its origins reach back to medieval times, and many of its substantive rules can only be understood by mastery of alarge body of
- [Arbitration (1982)](https://www.bcli.org/project/arbitration-1982/) - This project is concerned with the arbitration of civil disputes. Its focus is on the Arbitration Act. It does not address arbitrations connected with labour relations or expropriation. Arbitration may be defined as the reference of a dispute for resolution in a judicial manner to a person other than a court. Arbitration is sometimes preferred
- [Presumptions of Survivorship (1982)](https://www.bcli.org/project/presumptions-survivorship-1982/) - This project examines the legal issues that arise when two or more persons die in circumstances that make it difficult to determine the order in which their deaths have occurred. The law of survivorship has an important bearing on determining rights to succession to property on death and entitlement to the proceeds of life insurance
- [The Crown as Creditor: Priorities and Privileges (1982)](https://www.bcli.org/project/crown-creditor-priorities-and-privileges-1982/) - This project focuses on the special priorities and privileges that the provincial government (or "Crown") enjoys when it enforces its rights to be repaid on a debt. The focus is on two sources of these priorities and privileges: its historical prerogative right to priority of payment and liens that have more recently been created by
- [Interpretation of Wills (1982)](https://www.bcli.org/project/interpretation-wills-1982/) - Once a will is admitted to probate, doubts may arise concerning the meaning of words used by the testator. Over several hundred years the law has developed a bewildering array of rules concerning the interpretation (or construction) of words used in a will. Many of these rules are archaic and obscure, and their application can
- [Interest and Jurisdictional Limits in the County and Provincial Courts (1982)](https://www.bcli.org/project/interest-and-jurisdictional-limits-county-and-provincial-courts-1982/) - There is currently a monetary limit to commencing an action in (provincial) small claims court, and there was a similar limit for the (former) county court. For example, at the time of this project, an action could only be commenced in small claims court if the amount of the claim did not exceed $2000. This
- [Standing of a Common Law Spouse to Apply Under the Family Compensation Act (1983)](https://www.bcli.org/project/standing-common-law-spouse-apply-under-family-compensation-act-1983/) - Under the Family Compensation Act, an action for damages against the person who caused the deceased’s death may be brought on behalf of the deceased’s wife, husband, parent, child or person to whom the deceased stood in loco parentis (s. 3). The intent of the Family Compensation Act is to compensate members of the deceased’s
- [Interspousal Immunity in Tort (1983)](https://www.bcli.org/project/interspousal-immunity-tort-1983/) - In British Columbia it is not possible for one spouse to sue the other in tort. To most observers, this rule is an anachronism. This project examines the rule and considers whether it should be retained or replaced with a modern statement of the law concerning the rights of spouses to sue each other. Keywords:
- [Peremptory Challenges in Civil Jury Trials (1983)](https://www.bcli.org/project/peremptory-challenges-civil-jury-trials-1983/) - In civil actions a litigant has a limited right to exclude a person, without giving reasons, from sitting on the jury that will hear the matter. This right is referred to as a peremptory challenge. This project examines some of the procedural problems that have arisen concerning peremptory challenges. Keywords: peremptory; challenge; civil; jury; trial;
- [Breach of Promise of Marriage (1983)](https://www.bcli.org/project/breach-promise-marriage-1983/) - When a couple become engaged many people might be surprised to learn that their agreement to marry is regarded by the common law as a legally binding contract. If one party wishes to withdraw from the engagement, they do so at the risk of being liable for damages in an action for breach of promise
- [Foreign Money Liabilities (1983)](https://www.bcli.org/project/foreign-money-liabilities-1983/) - This project examines developments in English law dealing with the complex issue that arises when the currency in which a litigant's claim is asserted differs from the currency of the forum in which the claim is litigated. The English developments are examined in a Canadian context, and recommendations are made aimed at achieving similar reforms
- [Competing Rights to Mingled Property: Tracing and the Rule in Clayton's Case (1983)](https://www.bcli.org/project/competing-rights-mingled-property-tracing-and-rule-claytons-case-1983/) - This project concerns problems that arise from time to time when money belonging to two or more people is mingled in a single bank account. More specifically the project examines the rule in Clayton's Case, which raises a presumption that the sum first paid into the account is the sum first paid out. Keywords: mingled;
- [Bulk Sales Legislation (1983)](https://www.bcli.org/project/bulk-sales-legislation-1983/) - Keywords: bulk sale; goods; transfer; creditor; debtor; debt; asset; fraud; lent; dissipation; liquidation; merchant; manufacturer; proprietor; chattel; fiduciary; credit; vendor; wholesaler; stock; penalty; bankruptcy; Sale of Goods in Bulk Act This project examines the Sale of Goods in Bulk Act, which was enacted primarily to protect unsecured creditors from debtors who sought to put assets
- [Intentional Interference with Domestic Relations (1983)](https://www.bcli.org/project/intentional-interference-domestic-relations-1983/) - Keywords: intentional; interference; domestic relations; damages; adultery; alienation of affection; enticement; harbouring; seduction; spouse; child; servitium; consortium; husband; wife; minor; parent; marriage; loss This project examines a number of antiquated civil actions such as damages for adultery, alienation of affections, enticement and harbouring of a spouse, enticement and harbouring of children, and seduction, which ostensibly
- [Illegal Transactions (1983)](https://www.bcli.org/project/illegal-transactions-1983/) - Keywords: illegal; transaction; contract; enforceability; public policy; pari delicto; property; severance; compensation; minor; void; invalid; gift; trust; performance This project examines the rights of parties who have either deliberately or unwittingly entered into illegal transactions. "Illegal" in this context refers to a breach of any type of law (and is not limited to criminal conduct),
- [Statutory Succession Rights (1983)](https://www.bcli.org/project/statutory-succession-rights-1983/) - Keywords: succession; will; estate; testator; variation; intestate; spouse; intestacy; child; family; beneficiary; matrimonial home; administration; property; testators family maintenance; advancement; hotchpot; dependant; minor; dependants relief This project examines the problems that arise when a person dies without making a valid will directing the distribution of all the estate, or makes a valid will unmindful of
- [Land (Wife Protection) Act (1984)](https://www.bcli.org/project/land-wife-protection-act-1984/) - This minor report highlights a concern that the Land (Wife Protection) Act [now called the Land (Spouse Protection) Act] does not treat a husband and wife in an even-handed fashion and as a result, is at risk of falling foul of the Canadian Charter of Rights and Freedoms when it is introduced. Recommendations are made
- [The Jurisdiction of Local Judges: Stays of Execution and Instalment Orders (1984)](https://www.bcli.org/project/jurisdiction-local-judges-stays-execution-and-instalment-orders-1984/) - At the time of this project, County Court Judges had jurisdiction to perform the functions of a Justice of the Supreme Court. This minor report examines two areas where there are limitations on this jurisdiction: stays of execution and payment of a judgment by instalments. Keywords: jurisdiction; stay of execution; instalment order; Local Judge; court;
- [Covenants in Restraint of Trade, Report on (1984)](https://www.bcli.org/project/covenants-restraint-trade-report-1984/) - A covenant in restraint of trade is, in broad terms, an agreement that eliminates competition or otherwise obstructs trade or commerce. This project examines the difficult questions posed by the common law rules governing covenants in restraint of trade and makes recommendations aimed at striking a fairer balance between the parties to an agreement. Keywords:
- [Review of Civil Jury Awards (1984)](https://www.bcli.org/project/review-civil-jury-awards-1984/) - This project examines the role of the jury in civil trials, with particular reference to the circumstances when a trial judge or the Court of Appeal may intervene and review jury awards. The report makes a number of recommendations to modify the jurisdiction of a trial judge and the Court of Appeal. Keywords: civil; jury;
- [Compensation for Non-Pecuniary Loss (1984)](https://www.bcli.org/project/compensation-non-pecuniary-loss-1984/) - In 1978, in a series of cases, the Supreme Court of Canada redefined the principles to be applied when assessing compensation in personal injury actions for pain, suffering, and loss of amenities. This project examines the revised approach adopted by the courts in subsequent claims for non-pecuniary losses. Keywords: compensation; loss; non-pecuniary; damages; injury; award;
- [Settlement Offers (1984)](https://www.bcli.org/project/settlement-offers-1984/) - Litigation can be very costly and time consuming, especially when a dispute proceeds to trial. In an effort to encourage settlement of disputes before trial, the British Columbia Supreme Court Rules provide a number of mechanisms to facilitate the compromise of litigation, including offers to settle and payments into court. This project examines these mechanisms
- [The Authority of a Guardian (1985)](https://www.bcli.org/project/authority-guardian-1985/) - Sadly, parents are sometime unable or unfit to care for a child and this will necessitate the appointment of a non-parental guardian to serve in their place. This project looks at the legislation in British Columbia, which defines the powers and duties of a guardian and makes recommendations for a modern restatement of the law.
- [A Short Form General Power of Attorney (1985)](https://www.bcli.org/project/short-form-general-power-attorney-1985/) - A problem of immediate concern has been drawn to our attention respecting a widely used form of general power of attorney. The efficacy of the words used to create the power has been called into question. In the result, the status of all powers of attorney created in this form, both in British Columbia and
- [Performance Under Protest (1985)](https://www.bcli.org/project/performance-under-protest-1985/) - Parties to a contract sometimes end up disputing the extent of the obligations to be performed under it. One solution is to perform the contract in accordance with the other party's interpretation but to do so "under protest," reserving a right to claim compensation. This project examines the much-criticized 1960 decision of the Supreme Court
- [The Domicile of a Minor (1985)](https://www.bcli.org/project/domicile-minor-1985/) - This minor report addresses the issue of the domicile of a minor in the light of the proposed Charter of Rights Amendments Act, 1985. Domicile refers to a person's fixed, permanent, and principal home for legal purposes. The Act is silent on this issue and clarification is required. Keywords: jurisdiction; domicile; minor; child; illegitimate; custody;
- [Defamation (1985)](https://www.bcli.org/project/defamation-1985/) - The common law has long recognized that damage to a person's reputation is as serious a matter as a physical injury or damage to property. Where the damage is caused by false or malicious utterances, the tort of defamation provides a remedy. This project examines the law in relation to defamation and makes recommendations for
- [Personal Liability Under a Mortgage or Agreement for Sale (1985)](https://www.bcli.org/project/personal-liability-under-mortgage-or-agreement-sale-1985/) - When a borrower defaults on a loan that has been secured by a mortgage the lender will typically foreclose on the mortgaged property and may also sue the borrower personally. This project examines the law and practice governing personal liability under mortgages and agreements for sale. The report highlights certain inconsistencies in this area and
- [Mortgages of Land: The Priority of Further Advances (1986)](https://www.bcli.org/project/mortgages-land-priority-further-advances-1986/) - Keywords: mortgage; land; property; priority; advance; construction; lien; floating charge; security; running account; encumbrance; debenture; tacking; claim; second; default; builders lien; credit; debtor; creditor; judgment; lender; Yorkshire Trust Co. v. Canusa Construction Ltd.; registration; receiver; equitable This project examines the fallout from a 1978 decision to restate the old equitable rules relating to tacking in
- [Spousal Agreements (1986)](https://www.bcli.org/project/spousal-agreements-1986/) - Keywords: family; marriage; matrimonial; spouse; spousal agreement; separation agreement; maintenance; support; property; entitlement; husband; wife; Family Relations Act; contracting out; waiver; divorce; separation; agreement The Family Relations Act permits spouses to enter into agreements relating to the division of property and maintenance obligations in the event of a marriage breakdown. This project examines the extent
- [Shared Liability (1986)](https://www.bcli.org/project/shared-liability-1986/) - Keywords: joint; several; vicarious; liability; apportionment; wrongdoer; contributory negligence; costs; settlement; trust; contract; duty of care; breach; Uniform Contributory Fault Act; tortfeasor; concurrent; indemnity; last clear chance; contribution When two or more persons share liability to another, difficult procedural and substantive issues may arise. How is liability to be apportioned between the liable persons? What
- [The Action Per Quod Servitium Amisit (1986)](https://www.bcli.org/project/action-quod-servitium-amisit-1986/) - Keywords: per quod servitium amisit; master; servant; employer; employee; injury; damages; special; general; husband; wife; consortium; parent; child; compensation; relational; proprietary; interest; service; loss; liability; wage; minor The action per quod servitium amisit ("whereby he lost the service [of his servant]") permits a person to recover damages for the loss of service from a person
- [The Court Order Interest Act (1987)](https://www.bcli.org/project/court-order-interest-act-1987/) - Keywords: Court Order Interest Act; prejudgment; postjudgment; interest; rate; time; damages; special; general; loss; future; past; inflation; payment into court; multiplier; apportionment; discounting; pre-judgment; future interest; post-judgment The Court Order Interest Act permits a court to award interest on a monetary judgment for the period between the time when the claim arose and the time
- [Obsolete Remedies Against Estate Property: Estate Administration Act, Part 9 (1987)](https://www.bcli.org/project/obsolete-remedies-against-estate-property-estate-administration-act-part-9-1987/) - Keywords: Estate Administration Act; creditor; will; intestacy; succession; estate; beneficiary; specialty; simple; debt; contract; execution; deceased; land; heir; deceased; property; administration; land; execution At the time of this project, Part 9 of the Estate Administration Act contained a series of rules relating to the administration of estates. These rules were largely derived from a nineteenth-century
- [The Buyer's Lien: A New Consumer Remedy (1987)](https://www.bcli.org/project/buyers-lien-new-consumer-remedy-1987/) - Keywords: buyers lien; property; consumer; creditor; sale; goods; buyer; seller; credit; purchase money; purchase-money; lien; merchant; insolvency; bankruptcy; receivership; remedy A seller of consumer goods will often receive payment before the goods are delivered to the buyer. If the seller becomes insolvent and fails to deliver those goods, the buyer usually has very little legal
- [Fraudulent Conveyances and Preferences (1988)](https://www.bcli.org/project/fraudulent-conveyances-and-preferences-1988/) - Keywords: fraudulent; conveyance; preference; insolvency; bankruptcy; debt; creditor; debtor; good faith; remedy; Fraudulent Preference Act; Fraudulent Conveyance Act; Bankruptcy Act; Criminal Code; asset; fraud; defence; lis pendens; mareva injunction; grantor; property; intent; disposition; voidable; reviewable; settlement; transaction Although most people pay their debts as they come due, some people refuse to honour their debts and
- [Deeds and Seals (1988)](https://www.bcli.org/project/deeds-and-seals-1988/) - Whenever it is necessary to record an agreement, the parties usually do so by making a simple contract. Sometimes, however, the parties may affix seals to the contract following their signatures. Affixing a seal has a profound effect in law. An instrument executed under seal is called a deed. Obligations recorded in a deed are
- [Set-Off (1988)](https://www.bcli.org/project/set-1988/) - Keywords: set-off; claim; counterclaim; cross demand; cross-demand; demand; debt; assignment; successor; interest; damages; liquidated; unliquidated; breach; notice; insolvency; abatement; contract; specific performance; equity; limitation period; creditor; Holt v. Telford; procedure A right of set-off arises when one person attempts to enforce payment of a debt owed to him by another and that other person seeks to have
- [Practice in Relation to the Cancellation of a Certificate of Lis Pendens (1988)](https://www.bcli.org/project/practice-relation-cancellation-certificate-lis-pendens-1988/) - The registration of a certificate of lis pendens (hereafter CLP) may severely restrict the way in which a person with an interest in the land can deal with it. The CLP has the effect of preserving the status quo during litigation. The owner of property against which a claim is asserted cannot deprive the claimant
- [The Land (Settled Estate) Act (1988)](https://www.bcli.org/project/land-settled-estate-act-1988/) - Keywords: Land (Settled Estate) Act; life; estate; trust; beneficiary; conveyance; infant; inheritance; settlement; settled; Trust Variation Act; property; land; lease; consent; variation; minor; child This project examines the Land (Settled Estate) Act to see whether or not it retains any practical use or purpose in British Columbia in the light of subsequent legislative enactments. The
- [Co-Ownership of Land (1988)](https://www.bcli.org/project/co-ownership-land-1988/) - Keywords: co-ownership; joint tenancy; tenancy in common; severance; sale; partition; right of survivorship; title; accounting; homestead; time; matrimonial home; possession; interest; joint tenant; property; land; registration Land may be owned by more than one person in either a joint tenancy or a tenancy in common. Joint tenancy is a more desirable form of ownership for
- [Response to Access to Justice: The Report of the Justice Reform Committee, 1988 (1988)](https://www.bcli.org/project/response-access-justice-report-justice-reform-committee-1988-1988/) - Keywords: testator; beneficiary; will; estate; contrary; intent; property; construction; interpretation; gift; residue; equitable conversion; portion; ademption; satisfaction; election; lapse; disclaimer; abatement; hotchpot; per stirpes; devolution; testamentary; conditional; debt; Wills Act; class In 1987 the Justice Reform Committee was formed to make British Columbia's justice system more "accessible, understandable, relevant, and efficient for all those it
- [Wills and Changed Circumstances (1989)](https://www.bcli.org/project/wills-and-changed-circumstances-1989/) - Keywords: testator; beneficiary; will; estate; contrary; intent; property; construction; interpretation; gift; residue; equitable conversion; portion; ademption; satisfaction; election; lapse; disclaimer; abatement; hotchpot; per stirpes; devolution; testamentary; conditional; debt; Wills Act; class Between the time a will is made and the time it takes effect, circumstances may change which are not accounted for in the will.
- [Floating Charges on Land, Report on (1989)](https://www.bcli.org/project/floating-charges-land-report-1989/) - Keywords: floating charge; property; real; land; crystallization; debt; debtor; creditor; insolvent; mortgage; security; interest; registration; title; circular; priority A floating charge on land is a particular kind of mortgage, which, unlike traditional or "fixed" mortgages, does not bind specific property so long as the borrower remains financially healthy. Instead, the floating charge only becomes fixed
- [Severance of Unconstitutional Enactments (1989)](https://www.bcli.org/project/severance-unconstitutional-enactments-1989/) - Keywords: severance; unconstitutional; enactment; limitation; legislation; charter; Charter When legislation is held by a court to infringe the Constitution Act, 1867 or the Canadian Charter of Rights and Freedoms, the court has the authority to strike down either the offending section or the legislation in its entirety. In the United States severance clauses are often
- [Vicarious Liability Under the Motor Vehicle Act (1989)](https://www.bcli.org/project/vicarious-liability-under-motor-vehicle-act-1989/) - Keywords: Charter; vicarious; liability; tortfeasor; Motor Vehicle Act; motor vehicle; owner; negligence; duty of care; lease; master; servant; principal; agent; operator; identity; prudent entrustment; evidence; radar; speed; trap; provincial; offence; charter; civil; penal This project examines vicarious liability, a concept used in the Motor Vehicle Act to impose liability on the owner of a vehicle
- [Loss Appraisal Under the Insurance Act (1989)](https://www.bcli.org/project/loss-appraisal-under-insurance-act-1989/) - Keywords: insurance; loss; appraisal; alternate dispute resolution; insurer; indemnify; insured; policy; contract; business interruption loss; peril; fire; valuation; statutory; appraisal; procedure; damage; Insurance Act; In cases where an insured party and their insurance provider fail to reach an agreement on the value of damages, the Insurance Act sets out an appraisal process to avoid a
- [The Commercial Tenancy Act (1989)](https://www.bcli.org/project/commercial-tenancy-act-1989/) - Keywords: tenancy; Commercial Tenancy Act; landlord; tenant; apportionment; distress; bankruptcy; commercial; contract; subtenancy; agreement; covenant; lease; assignment; future rent; rent; loss; procedure; re-entry; occupation; land; damages; equity; liability; breach; trustee; forfeiture; possession; interesse termini; relief; overholding The Commercial Tenancy Act governs a number of aspects of the relationship between commercial tenants and their landlords. The
- [Notice Requirements in Proceedings Against Municipal Bodies (1990)](https://www.bcli.org/project/notice-requirements-proceedings-against-municipal-bodies-1990/) - Keywords: notice; action; Municipal Act; employee; agent; municipality; duty; claim; police; injury; death; damages; damage; retention; liability; breach; prejudice; vicarious; excuse Under the legislation governing municipalities in force at the time of this project, a party is barred from claiming damages against a municipality unless they provide notice within 60 days of the cause of
- [The Enduring Power of Attorney: Fine-tuning the Concept (1990)](https://www.bcli.org/project/enduring-power-attorney-fine-tuning-concept-1990/) - Keywords: power of attorney; enduring; contingency; Power of Attorney Act; mental; incapacity; committee; instrument; guardianship; custody; springing; liability; termination; agent A power of attorney is a document that allows one person to exercise the legal rights of another person in that person's stead. An enduring power of attorney is a power of attorney that is
- [Property Rights on Marriage Breakdown (1990)](https://www.bcli.org/project/property-rights-marriage-breakdown-1990/) - Keywords: property; marriage breakdown; divorce; family; spouse; interest; husband; wife; asset; business; pension; gift; inheritance; matrimonial; valuation; division; contribution; Family Relations Act; debt; equalizing; discretion; exchange; excluded; non-owning This project examines the division of family property on marriage breakdown. It looks at the existing law as provided in the Family Relations Act, discusses some of
- [The Ultimate Limitation Period: Limitation Act, Section 8 (1990)](https://www.bcli.org/project/ultimate-limitation-period-limitation-act-section-8-1990/) - Keywords: limitation; Limitation Act; cause of action; trustee; disability; fraud; civil; action; postponement; personal; injury; period; minor; damage; claim; evidence; liability; discoverability; witness; insurance; record; trust; concealment; breach; parent; ultimate; medical; hospital; physician; health care; confirmation Section 8 of the Limitation Act sets the ultimate limitation period in the province. It provides that, except in
- [Priority of Builders Liens Under Bill 52 (1990)](https://www.bcli.org/project/priority-builders-liens-under-bill-52-1990/) - Keywords: builders lien; Builders Lien Act; mortgage; lender; construction; property; claimant; land; value; mechanics lien; priority; advance This minor report is in the form of a letter to the Attorney General in response to Bill 52 (1990), the Builders Lien Act. The Bill, as introduced, had several issues in it that the Commission felt would
- [Affidavits: Alternatives to Oaths (1990)](https://www.bcli.org/project/affidavits-alternatives-oaths-1990/) - Keywords: oath; affidavit; statement; sworn; evidence; affirmation; perjury; document; witness; affiant; commissioner; certificate This project examines ways of reducing the requirement for sworn affidavits and suggests the implementation of a "solemn certification" that does not require an appearance before a Commissioner of Oaths. It also recommends that the right to create an affidavit through a
- [Execution Against Securities (1991)](https://www.bcli.org/project/execution-against-securities-1991/) - Keywords: securities; execution; debtor; creditor; seizure; sheriff; share; market; judgment; Court Order Enforcement Act; corporation; bailee; dealer; shareholder; transfer; limitation; valuation; charging order; third party; writ of execution; bond; certificated; uncertificated; investment; priority; stockbroker; issuer The provisions of the Court Order Enforcement Act governing the seizure of shares and debt instruments are antiquated and no longer give judgment
- [Enforcing Judgments from Outside the Province (1991)](https://www.bcli.org/project/enforcing-judgments-outside-province-1991/) - Keywords: judgment; enforcement; service; forum non conveniens; cross vesting; limitation period; province; court; Morguard Investments Ltd. v. de Savoye; jurisdiction; foreign; Bank of Montreal v. Kim A judgment requiring the payment of money can be filed in another province's courts, which allows a successful plaintiff to enforce the judgment in that jurisdiction. This project examines
- [Mortgages: Judicial Sales and Deficiency Claims (1991)](https://www.bcli.org/project/mortgages-judicial-sales-and-deficiency-claims-1991/) - Keywords: mortgage; judicial; claim; deficiency; debt; foreclosure; land; third party; debtor; remedy; lender; borrower; security; property; title; interim; certificate; conflict of interest; residential; collateral; profit; purchase; price; windfall; resale; covenant; agreement; sale When a debt is secured by a mortgage, the process by which the lender recovers the debt is called foreclosure. The law governing
- [Apartment Corporations (1991)](https://www.bcli.org/project/apartment-corporations-1991/) - Keywords: apartment; corporation; condominium; conversion; ownership; title; Condominium Act Apartment corporations are an arrangement for apartment ownership in many older buildings in British Columbia. They were common before the introduction of condominium legislation. This project examines whether the rights of individual owners within apartment corporations are open to abuse and considers whether there is a
- [Foreign Money Claims Act: Regulations (1991)](https://www.bcli.org/project/foreign-money-claims-act-regulations-1991/) - Keywords: money; foreign; interest; claim; conversion; currency; judgment; rate; prejudgment; IMF; table; Foreign Money Claims Act The Foreign Money Claims Act was created in contemplation of the existence of regulations to harmonize its operation with provincial legislation concerning interest and the machinery for the enforcement of judgments. This creation of regulations is a necessary step
- [The Uniform Enforcement of Canadian Judgments Act (1992)](https://www.bcli.org/project/uniform-enforcement-canadian-judgments-act-1992/) - Keywords: judgment; enforcement; uniform reciprocal; registration; money; debt; payment; debtor; creditor; costs; defence; full faith and credit; Mareva injunction; limitation period; foreign; sovereignty; autonomy; federation; economic; union; forum non conveniens This report examines the difficulties in enforcing judgments from other Canadian provinces and territories and recommends the adoption of the Uniform Enforcement of Canadian Judgments
- [Division of Pensions on Marriage Breakdown (1992)](https://www.bcli.org/project/division-pensions-marriage-breakdown-1992/) - Keywords: pension; division; entitlement; income; valuation; family; property; asset; interest; share; payment; benefit; account; split; marriage breakdown; divorce; separation; spouse; member; retirement; tax The division of pension entitlement between spouses on marriage breakdown presents many questions. The policy of the Family Relations Act states that pension entitlement earned during the marriage by one spouse belongs
- [Insurance Act, Section 26(1) (1992)](https://www.bcli.org/project/insurance-act-section-261-1992/) - Keywords: injury; damage; economic; pecuniary; loss; compensation; insurer third party; direct; action; insurance; Insurance Act; Insurance (Motor Vehicle) Act A person who suffers loss caused by an insured person is able to claim directly against the insurer if the insured is unwilling or unavailable to claim against the policy. This ability is drawn from section
- [Supreme Court Rule 54: Reciprocally Enforceable Judgments (1992)](https://www.bcli.org/project/supreme-court-rule-54-reciprocally-enforceable-judgments-1992/) - Keywords: judgment; foreign; extra-provincial; extraprovincial; reciprocal; enforcement; registration; application; order; notice; stay; Rule 54; Court Order Enforcement Act; Convention; United Kingdom The Court Order Enforcement Act contains two reciprocal enforcement measures that allow a person to register out-of-province judgments. Rule 54 of the Rules of Court prescribes the procedure to be followed in those situations,
- [Wrongful Interference with Goods (1992)](https://www.bcli.org/project/wrongful-interference-goods-1992/) - Keywords: personal; property; goods; wrongful; interference; damage; ownership; owner; possession; recovery; tort; detinue; trespass; chattel; conversion; trover; remedy; compensation; damages; pleading; negligence; third party; co-owner The law governing wrongful interference with personal property is based to a large extent on antiquated notions of civil procedure, which has resulted in an unnecessarily complex and technical set
- [Non-Charitable Purpose Trusts (1992)](https://www.bcli.org/project/non-charitable-purpose-trusts-1992/) - Keywords: trust; object; non-charitable; purpose; creation; enforcement; settlement; settlor; beneficiary; trustee; non-profit; foundation; funding; charity; charitable; donor; duration; perpetuity; cy-pres; scheme; variation; obsolescence; Re Denley's Trust Deed As a general rule, a trust that is framed for the benefit of a purpose rather than a person is invalid unless the purpose is charitable. In law,
- [Informal Public Appeal Funds (1993)](https://www.bcli.org/project/informal-public-appeal-funds-1993/) - Keywords: fund; trust; public; spontaneous; appeal; informal; fundraising; donation; gift; aid; victim; disaster; misfortune; purpose; settlor; charity; charitable; non-charitable; surplus; cy-pres; resulting; donor; refund; Re Gillingham Bus Disaster Fund When disaster or misfortune occurs, an informal public appeal often goes out for aid to the victims. This project examines some of the legal issues surrounding
- [Fixtures and the Personal Property Security Act (1993)](https://www.bcli.org/project/fixtures-and-personal-property-security-act-1993/) - Keywords: fixture; property; personal; real; land; crop; collateral; removal; asset; security; interest; fraud; notice; priority Fixtures are goods that have been attached to land. As a result of this process-referred to as "affixation"-the fixtures become a part of the land. This result can be problematic when a person wants to use an affixed piece of
- [Apportionment of Costs and Contributory Negligence: Section 3 of the Negligence Act (1993)](https://www.bcli.org/project/apportionment-costs-and-contributory-negligence-section-3-negligence-act-1993/) - Keywords: contributory negligence; costs; entitlement; liability; share; apportionment; offer; plaintiff; deduction; Negligence Act Legal proceedings are often necessary to recover compensation for loss or injury caused by others, but they can be an expensive process. A person required to proceed to court will ordinarily recover some compensation for their legal costs, but if they are
- [Standardized Assumptions for Calculating Income Tax Gross-up and Management Fees in Assessing Damages (1994)](https://www.bcli.org/project/standardized-assumptions-calculating-income-tax-gross-and-management-fees-assessing-d/) - Keywords: damages; award; future loss; personal; injury; wrongful; death; income; tax; gross-up; investment; management; fee; calculation; guideline; standardization; compensation; assumption; actuarial; present value; taxation; future; inflation; interest; rate; real Since the mid-1970s there have been various innovations aimed at achieving greater precision and fairness in the assessment of damages for personal injuries. This project looks
- [Taxation and the Assessment of Income-Related Damage Awards (1994)](https://www.bcli.org/project/taxation-and-assessment-income-related-damage-awards-1994/) - Keywords: damages; award; personal; injury; compensation; future loss; earnings; income; taxation; tax; gross-up; R. v. Jennings When a court makes an award of damages to an injured person to compensate for lost earnings, the damages are calculated and awarded as if that person's earnings attract no tax. This approach, stemming from the Supreme Court of
- [Labour Regulation Act (1994)](https://www.bcli.org/project/labour-regulation-act/) - One of the duties of the Law Reform Commission is to keep the statute law of the province under continual review and to recommend the repeal of obsolete and unnecessary enactments. In this regard, our attention has been drawn to the Labour Regulation Act, RSBC 1979, c 213. The Labour Regulation Act was originally enacted
- [Woodworker Lien Act (1994)](https://www.bcli.org/project/woodworker-lien-act-1994/) - Keywords: logging; forest; product; logger; worker; woodworker; lien; log; timber; harvesting; hauling; value; owner; employee; unpaid; wage; payroll; contractor; payment; property; security; interest; priority; enforcement; obsolete; repeal; Woodworker Lien Act The Woodworker Lien Act is a statute intended to entitle workers in the forest industry to secure payment of wages owed by filing a lien,
- [Recreational Injuries: Liability and Waivers in Commercial Leisure Activities (1994)](https://www.bcli.org/project/recreational-injuries-liability-and-waivers-commercial-leisure-activities-1994/) - Keywords: civil; liability; tort; personal; injury; death; recreation; risk; inherent; sport; leisure; activity; accident; exclusion; waiver; release; ticket; notice; duty of care; contributory; negligence; commercial; operator; skiing; premises; safety; spectator; user; skier; minor; Waldick v. Malcolm; hazard; occupier; entrant; claim; non-profit; insurance; disability Existing law recognizes that most forms of physical recreation involve some inherent
- [Tugboat Worker Lien Act (1994)](https://www.bcli.org/project/tugboat-worker-lien-act-1994/) - Keywords: owner; tugboat; towage; log; timber; lien; payment; service; contract; security; possession; constitution; validity; obsolete; repeal; Tugboat Workers Lien Act Despite the misleading title, the Tugboat Worker Lien Act has nothing to do with safeguarding the interests of persons employed in the towboat industry; its purpose is to enable tugboat operators to collect unpaid towage
- [Pecuniary Loss and the Family Compensation Act (1994)](https://www.bcli.org/project/pecuniary-loss-and-family-compensation-act-1994/) - Keywords: injury; fatal; non-fatal; wrongful; death; accident; family; member; claimant; pecuniary; loss; service; value; dependency; support; fault; damages; compensation; third party; personal representative; non-pecuniary; emotional; nervous shock; bereavement; grief; counselling; Family Compensation Act; Fatal Accidents Act When a person is injured others may also suffer financially and emotionally, although the recourse available to them is
- [Land-Related Interests and the Personal Property Security Act (1995)](https://www.bcli.org/project/land-related-interests-and-personal-property-security-act-1995/) - Keywords: land; interest; real; personal; property; characterization; fixture; building; component; equipment; material; commercial; apparatus; security; instrument; money; obligation; debt; assignment; rent; payment; transfer; account; mortgage; debenture; bond; notice; priority; personal property security; Personal Property Security Act; Land Titles Act Our legal system divides most property into real property or personal property, a distinction that can

## Publications

- [101. Report on Rationalizing Non-Statutory Liability of Directors and Officers](https://www.bcli.org/publication/101-report-on-rationalizing-non-statutory-liability-of-directors-and-officers/)
- [17. Study Paper on Access to Neighbouring Land and Airspace for Construction-Related Purposes](https://www.bcli.org/publication/contruction-trespass/)
- [8. Questions and Answers About Pension Division on the Breakdown of a Relationship in British Columbia](https://www.bcli.org/publication/questions-and-answers-about-pension-division-on-the-breakdown-of-a-relationship-in-british-columbia/) - Visit pension.bcli.org for the latest version.
- [6. Questions and Answers About Pension Division on the Breakdown of a Relationship in British Columbia](https://www.bcli.org/publication/questions-and-answers-about-pension-division-breakdown-relationship-british-colum/) - For the most up-to-date information on this subject, visit pension.bcli.org. In March 1996, the first edition of this book was published to provide materials about the operation of the British Columbia Family Relations Act, and the Pension Benefits Standards Act as these statutes apply when a marriage breaks down and the assets to be divided
- [13. Questions and Answers About Pension Division on Marriage Breakdown in British Columbia](https://www.bcli.org/publication/13-questions-and-answers-about-pension-division-marriage-breakdown-british-columb/) - Visit the most recent version at https://pension.bcli.org. Keywords: pensions, benefits & welfare, family law, divorce and separation, marriage breakdown, pension division, questions and answers, equitable distribution of marital property, Family Relations Act, Part 6, education
- [44. Pension Division on Marriage Breakdown: A Ten Year Review of Part 6 of the Family Relations Act](https://www.bcli.org/publication/44-pension-division-marriage-breakdown-ten-year-review-part-6-family-relations-ac/) - Visit the most recent version at https://pension.bcli.org. This report is available in Adobe Acrobat (PDF) format.
- [91. Report on Pension Division - A Review of Part 6 of the Family Law Act](https://www.bcli.org/publication/report-on-pension-division-a-review-of-part-6-of-the-family-law-act/) - Visit the most recent version at https://pension.bcli.org.
- [Questions and Answers About Pension Division on the Breakdown of a Relationship in British Columbia 5th Edition](https://www.bcli.org/publication/questions-and-answers-about-pension-division-on-the-breakdown-of-a-relationship-in-british-columbia-5th-edition/) - Visit the online Q+A at https://pension.bcli.org.
- [The Law at Home: Primer on Homeownership Tenures in British Columbia](https://www.bcli.org/publication/the-law-at-home-primer-on-homeownership-tenures-in-british-columbia/)
- [Guide to Wills and Estate Planning for First Nations Clients Living on Reserves](https://www.bcli.org/publication/guide-to-wills-and-estate-planning-for-first-nations-clients-living-on-reserves/)
- [6. Report on Trustee Investment Powers](https://www.bcli.org/publication/6-report-trustee-investment-powers/) - Keywords: trusts and trustees, Trustee Act, legal investments, powers of trustee, trustee investment, business & non-profits, wills, estates & life planning, mutual funds, modern portfolio theory, delegation, Trustee Act Modernization Committee The following report is available in Adobe Acrobat (PDF) format.
- [100. Annual Report 2024](https://www.bcli.org/publication/100-annual-report-2024/) - Annual Report 2024
- [16. Civil Juries in British Columbia: Anachronism or Cornerstone of the Civil Justice Process?](https://www.bcli.org/publication/civic-juries/) - Civil Juries in British Columbia: Anachronism or Cornerstone of the Civil Justice Process?
- [15. Navigating Shared Waters: A Study Paper on Indigenous-Led Conflict Resolution](https://www.bcli.org/publication/indigenous-led-conflict-resolution/) - Navigating Shared Waters: A Study Paper on Indigenous-Led Conflict Resolution
- [14. Study Paper on Understanding Economic Abuse through Family Businesses in Family Law](https://www.bcli.org/publication/15-study-paper-on-understanding-economic-abuse-through-family-businesses-in-family-law/) - Study Paper on Understanding Economic Abuse through Family Businesses in Family Law
- [Human Rights and Accommodation of Family Responsibilities in the Workplace: Obligation, Choice, and Invisible Caregivers (2017)](https://www.bcli.org/publication/human-rights-and-accommodation-of-family-responsibilities-in-the-workplace-obligation-choice-and-invisible-caregivers/)
- [Report 43 / CCEL 1. Study Paper on Viatical Settlements](https://www.bcli.org/publication/3-study-paper-viatical-settlements/) - The following study paper is available in Adobe Acrobat (PDF) format.
- [CCEL 2. Study Paper on Predatory Lending Issues in Canada](https://www.bcli.org/publication/3-study-paper-predatory-lending-issues-canada/)
- [CCEL 3. Discussion Paper on Assisted Living: Past, Present and Future Legal Trends in Canada](https://www.bcli.org/publication/discussion-paper-assisted-living-past-present-and-future-legal-trends-canada-1/) - The following document is available in Adobe Acrobat (PDF) format.
- [CCEL 4. Legal Definitions of Elder Abuse and Neglect](https://www.bcli.org/publication/4-legal-definitions-of-elder-abuse-and-neglect/)
- [BCLI 4 / CCEL 5. Care/Work: Law Reform to Support Family Caregivers to Balance Paid Work and Unpaid Caregiving](https://www.bcli.org/publication/study-paper-family-caregiving/) - Download document (800 KB) Please note: It is also possible to download a PDF of one or more of the chapters individually. To download an individual chapter, use the Table of Contents below to navigate to the desired chapter. At the beginning of the chapter, beneath the title, you will find the option "Download a PDF
- [CCEL 6. Le projet Contrepoint - Document de travail](https://www.bcli.org/publication/le-projet-contrepoint-document-de-travail/)
- [CCEL 6. The Counterpoint Project - Discussion Paper](https://www.bcli.org/publication/counterpoint-project-discussion-paper/) - The Counterpoint Discussion Paper reviews a number of recent elder abuse and neglect cases that have been recorded in Canadian court decisions – largely criminal cases. The cases serve as a backdrop for highlighting social dynamics at play in elder abuse cases, comparing relevant legislation across the country, clarifying legal obligations to respond to elder
- [5. Human Rights and Family Responsibilities: Family Status Discrimination under Human Rights Law in British Columbia and Canada—A Study Paper](https://www.bcli.org/publication/human-rights-and-family-responsibilities-family-status-discrimination-under-human/)
- [CCEL 7. Understanding the Lived Experiences of Supported Decision‐Making in Canada](https://www.bcli.org/publication/7-understanding-the-lived-experiences-of-supported-decision‐making-in-canada/)
- [7. Technology-Assisted and Remote Evidence Presentation: A Practice Resource for BC Lawyers](https://www.bcli.org/publication/technology-assisted-and-remote-evidence-presentation-a-practice-resource-for-bc-lawyers/)
- [9. Study Paper on Financing Litigation](https://www.bcli.org/publication/study-paper-on-financing-litigation/)
- [CCEL 8. Update on the 2009 Provincial Strategy Document on Vulnerable Adults and Capability in British Columbia: A Discussion Paper and Reference Guide](https://www.bcli.org/publication/8-update-on-the-2009-provincial-strategy-document-on-vulnerable-adults-and-capability-in-british-columbia-a-discussion-paper-and-reference-guide/)
- [CCEL 9. Inclusive Investing: Respecting the Rights of Vulnerable Investors through Supported Decision-Making](https://www.bcli.org/publication/9-inclusive-investing-respecting-the-rights-of-vulnerable-investors-through-supported-decision-making/) - This publication is available in two formats: a 2-page layout and a 1-page layout.
- [11. Study Paper on Youth Aging into the Community](https://www.bcli.org/publication/study-paper-on-youth-aging-into-the-community/)
- [BCLI 12 / CCEL 10. Study Paper on Health Care Consent and Capacity Assessment Tribunals](https://www.bcli.org/publication/10-study-paper-on-health-care-consent-and-capacity-assessment-tribunals/)
- [CCEL 11. Strengthening BC’s Health Care Backbone: Oversight of the Work of Health Care Assistants](https://www.bcli.org/publication/strengthening-bcs-health-care-backbone-oversight-of-the-work-of-health-care-assistants/)
- [CCEL 12. Study Paper On Supporting Vulnerable Victims & Witnesses](https://www.bcli.org/publication/study-paper-on-supporting-vulnerable-victims-witnesses/) - Study Paper On Supporting Vulnerable Victims & Witnesses
- [99. Report on Renovating the Public Hearing](https://www.bcli.org/publication/99-report-on-renovating-the-public-hearing/) - Report on Renovating the Public Hearing
- [Guide to Trauma-Informed Legal Writing](https://www.bcli.org/publication/guide-to-trauma-informed-legal-writing/)
- [98. 2023 Annual Report](https://www.bcli.org/publication/98-2023-annual-report/) - 2023 Annual Report
- [96. Report on Artificial Intelligence and Civil Liability](https://www.bcli.org/publication/96-report-on-artificial-intelligence-and-civil-liability/)
- [97. Report on Parentage: A Review of Parentage under Part 3 of the Family Law Act](https://www.bcli.org/publication/97-report-on-parentage-a-review-of-parentage-under-part-3-of-the-family-law-act/)
- [95. 2022 Annual Report](https://www.bcli.org/publication/2022-annual-report/) - 2022 Annual Report - Final (dual spread)
- [94. Undue Influence Recognition and Prevention: A Guide for Legal Practitioners](https://www.bcli.org/publication/undue-influence-recognition-and-prevention-a-guide-for-legal-practitioners/)
- [Consultation Paper on Artificial Intelligence and Civil Liability](https://www.bcli.org/publication/consultation-paper-on-artificial-intelligence-and-civil-liability/)
- [RPHP Backgrounder no. 1--Introduction to the Project](https://www.bcli.org/publication/rphp-backgrounder-no-1-introduction-to-the-project/) - 2023-04-06_BCLI-RPHP-Backgrounder-no-1-Summary-of-Project-FINAL
- [RPHP Backgrounder no. 2--Members of the Project Committee](https://www.bcli.org/publication/rphp-backgrounder-no-2-members-of-the-project-committee/) - 2023-03-27_BCLI-RPHP-Backgrounder-no-2-List-of-Committee-Members-FINAL
- [Undue Influence Recognition and Prevention: A Reference Aid](https://www.bcli.org/publication/undue-influence-recognition-and-prevention-a-reference-aid/)
- [55. Report on Proposals for a New Commercial Tenancy Act](https://www.bcli.org/publication/55-report-proposals-new-commercial-tenancy-act/) - This report is available in Adobe Acrobat (PDF) format.
- [65. Report on the Doctrine of Implied Grant: the rule in Wheeldon v. Burrows](https://www.bcli.org/publication/65-report-doctrine-implied-grant-rule-wheeldon-v-burrows/) - The doctrine of implied grant, also known as the rule in Wheeldon v. Burrows, may apply in some circumstances when a landowner transfers part of the land and retains the rest. It allows for implied easements to arise over the land retained so as to allow reasonable use of the transferred portion. The rule has
- [Summary of themes for participant feedback (September 15, 2022)](https://www.bcli.org/publication/summary-of-themes-for-participant-feedback-september-15-2022/)
- [Conversations About Care: The Law and Practice of Health Care Consent for People Living with Dementia in British Columbia (Full report)](https://www.bcli.org/publication/conversations-about-care-the-law-and-practice-of-health-care-consent-for-people-living-with-dementia-in-british-columbia-full-report/)
- [Gender Diversity in Legal Writing: Pronouns, Honorifics, and Gender-Inclusive Techniques](https://www.bcli.org/publication/gender-diversity-in-legal-writing-pronouns-honorifics-and-gender-inclusive-techniques/)
- [Report on Limitations](https://www.bcli.org/publication/report-limitations/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Pre-Judgment Interest](https://www.bcli.org/publication/report-pre-judgment-interest/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Interim Report on the Law of Evidence](https://www.bcli.org/publication/interim-report-law-evidence/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Legal Position of the Crown](https://www.bcli.org/publication/report-legal-position-crown/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Deficiency Claims and Repossession](https://www.bcli.org/publication/report-deficiency-claims-and-repossession/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Expropriation](https://www.bcli.org/publication/report-expropriation/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Expropriation](https://www.bcli.org/publication/report-expropriation-0/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Need for Frustrated Contracts Legislation in British Columbia](https://www.bcli.org/publication/report-need-frustrated-contracts-legislation-british-columbia/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Abolition of Prescription](https://www.bcli.org/publication/report-abolition-prescription/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Landlord and Tenant Relationships: Residential Tenancies](https://www.bcli.org/publication/report-landlord-and-tenant-relationships-residential-tenancies/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Debt Collection and Collection Agents](https://www.bcli.org/publication/report-debt-collection-and-collection-agents/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Mechanics Lien Act: Improvements on Land](https://www.bcli.org/publication/report-mechanics-lien-act-improvements-land/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Appendix L - Care/ Work Powerpoint Presentation](https://www.bcli.org/publication/appendix-l-care-work-powerpoint-presentation/) - This document is available in Microsoft Powerpoint (.ppt) format.
- [Appendix K - The Family Caregiving Legal Research Project, Presentation by Krista James](https://www.bcli.org/publication/appendix-k-family-caregiving-legal-research-project-presentation-krista-james/) - This document is available in Microsoft Powerppoint (.ppt) format.
- [Appendix J - The Family Caregiving Legal Research Project, Article by Krista James](https://www.bcli.org/publication/appendix-j-family-caregiving-legal-research-project-article-krista-james/) - This document is available in Adobe Acrobat (.PDF) format.
- [Consultation: The Family Caregiving survey](https://www.bcli.org/publication/consultation-family-caregiving-survey/) - View the original survey questionnaire in English.
- [Appendix I - Law Reform to Address Family Responsibilities Discrimination, Presentation by Krista James and Kacey Krenn](https://www.bcli.org/publication/appendix-i-law-reform/) - This document is available in Microsoft Powerpoint (.ppt) format.
- [Appendix H - Family Responsibilities Discrimination](https://www.bcli.org/publication/appendix-h-family-responsibilities-discrimination/)
- [Appendix G - Annotated Bibliography of Select Material](https://www.bcli.org/publication/appendix-g-annotated-bibliography-select-material/)
- [Appendix F - BC Family Caregiver Survey (English version)](https://www.bcli.org/publication/appendix-f-bc-family-caregiver-survey-english-version/)
- [Appendix E - BC Family Caregiver Survey - Summary of Findings](https://www.bcli.org/publication/appendix-e-bc-family-caregiver-survey-summary-findings/)
- [Appendix D - Comparison of Value of Payments to Caregivers - Methodology](https://www.bcli.org/publication/appendix-d-comparison-value-payments-caregivers-methodology/) - This document is available in Adobe Acrobat (.PDF) format.
- [Appendix C - Country Profiles](https://www.bcli.org/publication/appendix-c-country-profiles/)
- [Appendix B - International Comparative Table](https://www.bcli.org/publication/appendix-b-international-comparative-table/)
- [Appendix A - Family Caregiving Leave Legislation in Canada](https://www.bcli.org/publication/appendix-family-caregiving-leave-legislation-canada/)
- [Society Act Backgrounder No. 2 - Consultation Paper on Proposals for a New Society Act](https://www.bcli.org/publication/society-act-backgrounder-no-2-consultation-paper-proposals-new-society-act/)
- [Society Act Backgrounder No. 1 - Introduction to Society Act Reform Project](https://www.bcli.org/publication/society-act-backgrounder-no-1-introduction-society-act-reform-project/)
- [Society Act Backgrounder No. 3 - Report on Proposals for a New Society Act](https://www.bcli.org/publication/society-act-backgrounder-no-3-report-proposals-new-society-act/)
- [56. 2008-2009 Annual Report](https://www.bcli.org/publication/56-2008-2009-annual-report/) - The British Columbia Law Institute's 2008-2009 Annual Report is available in Adobe Acrobat (PDF) format. To view previous Annual Reports, click here.
- [Consultation Paper on New Probate Rules](https://www.bcli.org/publication/consultation-paper-new-probate-rules/)
- [57. Report on New Probate Rules](https://www.bcli.org/publication/57-report-new-probate-rules/) - The rules of court relating to probate procedure are an important component of the law relating to wills and estates. They must operate in concert with the legislation and common law governing wills and estates. Enactment of the Wills, Estates and Succession Act has created an urgent need to revise the existing probate rules, because
- [Submission to the Task Force on Financial Literacy](https://www.bcli.org/publication/submission-task-force-financial-literacy/) - This submission is available in PDF format. For more information about this submission, read our media release here. Keywords: Financial Literacy, Task Force, elder abuse, financial abuse, fraud, scams, exploitation, power of attorney, financial planning, seniors, elderly, older adults, aging, finances, consumer rights
- [Backgrounder: BC Family Status Legal Research Project](https://www.bcli.org/publication/backgrounder-bc-family-status-legal-research-project/)
- [Financial Literacy 102 - A knowledge based approach to preventing financial abuse of older adults: a guide for professionals](https://www.bcli.org/publication/financial-literacy-102-knowledge-based-approach-preventing-financial-abuse-older-a/) - The BC Centre for Elder Advocacy and Support (BC CEAS) retained the services of the CCEL to create this publication to provide professionals who work with older adults with a general overview in relation to financial abuse of older adults as well as financial literacy and financial planning for older adults.
- [59. 2009-2010 Annual Report](https://www.bcli.org/publication/59-2009-2010-annual-report/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - BC Workshop (English)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-bc-workshop-english/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - BC Workshop (French)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-bc-workshop-french/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Alberta Workshop (English)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-alberta-workshop-english/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Alberta Workshop (French)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-alberta-workshop-french/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Saskatchewan Workshop (English)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-saskatchewan-workshop-english/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Saskatchewan Workshop (French)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-saskatchewan-workshop-french/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Manitoba Workshop (English)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-manitoba-workshop-english/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Manitoba Workshop (French)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-manitoba-workshop-french/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Ontario Workshop (English)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-ontario-workshop-english/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Ontario Workshop (French)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-ontario-workshop-french/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Quebec Workshop (English)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-quebec-workshop-english/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Quebec Workshop (French)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-quebec-workshop-french/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Nova Scotia Workshop (English)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-nova-scotia-workshop-english/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Nova Scotia Workshop (French)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-nova-scotia-workshop-french/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - New Brunswick Workshop (English)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-new-brunswick-workshop-english/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - New Brunswick Workshop (French)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-new-brunswick-workshop-french/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Prince Edward Island Workshop (English)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-prince-edward-island-workshop-en/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Prince Edward Island Workshop (French)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-prince-edward-island-workshop-fr/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Newfoundland and Labrador Workshop (English)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-newfoundland-and-labrador-worksh/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Newfoundland and Labrador Workshop (French)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-newfoundland-and-labrador-work-0/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Yukon Workshop (English)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-yukon-workshop-english/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Yukon Workshop (French)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-yukon-workshop-french/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Northwest Territories Workshop (English)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-northwest-territories-workshop-e/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Northwest Territories Workshop (French)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-northwest-territories-workshop-f/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Nunavut Workshop (English)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-nunavut-workshop-english/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Nunavut Workshop (French)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-nunavut-workshop-french/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Resources Handout (English)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-resources-handout-english/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Resources Handout (French)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-resources-handout-french/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Key Questions Handout (English)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-key-questions-handout-english/)
- [Elder Abuse and Neglect: What Volunteers Need to Know - Key Questions Handout (French)](https://www.bcli.org/publication/elder-abuse-and-neglect-what-volunteers-need-know-key-questions-handout-french/)
- [Tips for Good Practice for Legal Professionals: Vulnerability and Capability](https://www.bcli.org/publication/tips-good-practice-legal-professionals-vulnerability-and-capability/)
- [Housing, Abuse and Capability Issues Background Paper](https://www.bcli.org/publication/housing-abuse-and-capability-issues-background-paper/) - Background paper by Charmaine Spencer
- [Immigration, Abuse and Capability Issues Background Paper](https://www.bcli.org/publication/immigration-abuse-and-capability-issues-background-paper/) - Background paper by Charmaine Spencer
- [2007 Overview of Elder Abuse and Neglect Legislation in Canada](https://www.bcli.org/publication/2007-overview-elder-abuse-and-neglect-legislation-canada/) - The Canadian Centre for Elder Law produced this comparative analysis of elder abuse and neglect legislation across Canada for the Government of Newfoundland and Labrador in 2007. The materials were republished on the CD that accompanies the Vanguard Report as a resource relevant to an analysis of capability and abuse issues in Canada.
- [45. Annual Report of the Law Reform Commission of British Columbia (1979)](https://www.bcli.org/publication/45-annual-repot-law-reform-commission-british-columbia-1979/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia.
- [89. Report on The Action Per Quod Servitium Amisit](https://www.bcli.org/publication/89-report-action-quod-servitium-amisit-0/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia.
- [54. Annual Report of Law Reform Commission of British Columbia (1981)](https://www.bcli.org/publication/54-annual-report-law-reform-commission-british-columbia-1981/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia.
- [60. Annual Report of the Law Reform Commission of British Columbia (1982)](https://www.bcli.org/publication/60-annual-report-law-reform-commission-british-columbia-1982/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia.
- [73. Annual Report of the Law Reform Commission of British Columbia(1983/84)](https://www.bcli.org/publication/73-annual-report-law-reform-commission-british-columbia198384/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia.
- [80. Annual Report of the Law Reform Commission of British Columbia (1984/85)](https://www.bcli.org/publication/80-annual-report-law-reform-commission-british-columbia-198485/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia.
- [95. Annual Report of the Law Reform Commission of British Columbia (1987/88)](https://www.bcli.org/publication/95-annual-report-law-reform-commission-british-columbia-198788/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia.
- [104. Annual Report of the Law Reform Commission of British Columbia (1988/89)](https://www.bcli.org/publication/104-annual-report-law-reform-commission-british-columbia-198889/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia.
- [Counterpoint Factsheet for Doctors](https://www.bcli.org/publication/counterpoint-factsheet-doctors/)
- [Counterpoint Brochure Confidential - Patient Privacy Rights](https://www.bcli.org/publication/counterpoint-brochure-confidential-patient-privacy-rights/)
- [Counterpoint Factsheet for Personal Support Workers](https://www.bcli.org/publication/counterpoint-factsheet-personal-support-workers/)
- [Counterpoint Guidelines for Developing Improved Practices](https://www.bcli.org/publication/counterpoint-guidelines-developing-improved-practices/)
- [Counterpoint Brochure on Mental Capacity and Consent](https://www.bcli.org/publication/counterpoint-brochure-mental-capacity-and-consent/)
- [Counterpoint Table of Legislation](https://www.bcli.org/publication/counterpoint-table-legislation/)
- [Counterpoint Charting Sheet](https://www.bcli.org/publication/counterpoint-charting-sheet/)
- [Counterpoint Factsheet for Administrators](https://www.bcli.org/publication/counterpoint-factsheet-administrators/) - This factsheet is available in Adobe Acrobat (PDF) format. This 2-page fact sheet can be printed in colour or black and white. The fact sheet is designed to be printed double-sided, onto a single sheet of paper. Go back to the Overview.
- [Counterpoint Factsheet for Nurses](https://www.bcli.org/publication/counterpoint-factsheet-nurses/)
- [La loi des mauvais traitements et de la négligence envers les aînes: Un guide pratique](https://www.bcli.org/publication/la-loi-des-mauvais-traitements/) - An updated version of this guide is available here. Une version mise à jour de ce guide est disponible ici.
- [135. Annual Report of the Law Reform Commission of British Columbia (1993/94)](https://www.bcli.org/publication/135-annual-report-law-reform-commission-british-columbia-199394/) - This report was produced by the now-defunct Law Reform Commission of British Columbia.
- [107. Loss Appraisal Under The Insurance Act (Minor Report)](https://www.bcli.org/publication/107-loss-appraisal-under-insurance-act-minor-report/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia.
- [113. Annual Report of the Law Reform Commission of British Columbia (1989/90)](https://www.bcli.org/publication/113-annual-report-law-reform-commission-british-columbia-198990/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [124. Annual Report of the Law Reform Commission of British Columbia (1991/92)](https://www.bcli.org/publication/124-annual-report-law-reform-commission-british-columbia-199192/) - This report was produced by the now-defunct Law Reform Commission of British Columbia.
- [132. Annual Report of the Law Reform Commission of British Columbia (1992/93)](https://www.bcli.org/publication/132-annual-report-law-reform-commission-british-columbia-199293/) - This report was produced by the now-defunct Law Reform Commission of British Columbia.
- [141. Supplementary Report on the Foreign Money Claims Act: Regulations](https://www.bcli.org/publication/141-annual-report-law-reform-commission-british-columbia-199495/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia.
- [142. Annual Report of the Law Reform Commission of British Columbia (1994/95)](https://www.bcli.org/publication/142-annual-report-law-reform-commission-british-columbia-199495/) - This report was produced by the now-defunct Law Reform Commission of British Columbia.
- [Elder and Guardianship Mediation Report](https://www.bcli.org/publication/62-elder-and-guardianship-mediation-report/)
- [Elder and Guardianship Mediation](https://www.bcli.org/publication/elder-and-guardianship-mediation-2/) - This file is available in Adobe Acrobat (PDF) format.
- [Elder and Guardianship Mediation Survey - Canada](https://www.bcli.org/publication/elder-and-guardianship-mediation-survey-canada/) - The BC Law Institute is carrying out a research project about Elder Law Mediation/ Guardianship Mediation. This project is being carried out in light of Bill 29, which once implemented will make mediation mandatory for all guardianship applications that fall under specific criteria in BC. The project will also examine mediations that involve older persons
- [CCEL Announces Online Launch of Report on Elder and Guardianship Mediation](https://www.bcli.org/publication/ccel-announces-online-launch-report-elder-and-guardianship-mediation/)
- [Backgrounder: Older Women's Dialogue Project](https://www.bcli.org/publication/backgrounder-older-womens-dialogue-project/)
- [54. Workplace Dispute Resolution Project](https://www.bcli.org/publication/workplace-dispute-resolution-project/) - In May 2010 the Ministry of Labour asked the BCLI to conduct a short, focused, comparative legal research project on workplace dispute resolution. The BCLI report involved an international review of existing legal frameworks for resolving workplace conflicts arising out of unionized and non-unionized working environments and including discrimination in the workplace.
- [Family Status Discussion Paper - Executive Summary](https://www.bcli.org/publication/family-status-discussion-paper-executive-summary/)
- [Media Release, August 30, 2012: CCEL to Conduct Public Consultations with Older Women](https://www.bcli.org/publication/media-release-august-30-2012-ccel-conduct-public-consultations-older-women/)
- [Technology, Remoteness, Disability & Evidence Project Backgrounder](https://www.bcli.org/publication/technology-remoteness-disability-evidence-project-backgrounder/)
- [Backgrounder - Financial Abuse of Seniors: An Overview of Key Legal Issues and Concepts](https://www.bcli.org/publication/financial-abuse-seniors-overview-key-legal-issues-and-concepts/)
- [62. Annual Report 2011](https://www.bcli.org/publication/annual-report-2011/)
- [Event Program - Woman and Aging: Stories about the Widening Gender Gap](https://www.bcli.org/publication/event-program-woman-and-aging-stories-about-widening-gender-gap/) - This publication is available in Adobe Acrobat (PDF) format.
- [Older Women’s Dialogue Project: Story No. 1](https://www.bcli.org/publication/older-womens-dialogue-project-story-no-1/) - This document is available in Adobe Acrobat (PDF) format.
- [BCLI Proposes Reforms to Encourage Settlements](https://www.bcli.org/publication/bcli-proposes-reforms-to-encourage-settlements/)
- [Your Words Are Worth Something](https://www.bcli.org/publication/older-womens-dialogue-project-report-2013/)
- [Older Women’s Dialogue Project: Story No. 2](https://www.bcli.org/publication/older-womens-dialogue-project-story-no-2/)
- [Older Women’s Dialogue Project: Story No. 3](https://www.bcli.org/publication/older-womens-dialogue-project-story-no-3/)
- [Consultation Paper on Proposals for a New Society Act](https://www.bcli.org/publication/16-consultation-paper-proposals-new-society-act/) - The following consultative documents available in a combination of Adobe Acrobat (PDF) and Microsoft Word (DOC) formats. The package includes a consultation paper and a response form.
- [Society Act Comparative Chart No. 1 (2006-09-05)](https://www.bcli.org/publication/society-act-comparative-chart-no-1-2006-09-05/) - This chart compares the Society Act to other not-for-profit incorporation statutes in Canada
- [Society Act Comparative Chart No. 2 (2006-09-05)](https://www.bcli.org/publication/society-act-comparative-chart-no-2-2006-09-05/) - This chart compares the Society Act to selected models for reform.
- [Response to the BC Society Act Review Consultation](https://www.bcli.org/publication/response-bc-society-act-review-consultation/) - On March 22, 2010, the BCLI issued their response to the consultation for the review of the Society Act being carried out by the Ministry of Finance. The response is available in PDF format and is available below.
- [71. Annual Report 2012](https://www.bcli.org/publication/annual-report-2012/)
- [51. Report on Proposals for a New Society Act](https://www.bcli.org/publication/51-report-proposals-new-society-act/)
- [63. Supplementary Report on Proposals for a New Society Act](https://www.bcli.org/publication/supplementary-report-proposals-new-society-act/)
- [Media Release - Power of Attorney Elder Abuse Awareness Project in Richmond, BC](https://www.bcli.org/publication/media-release-power-attorney-elder-abuse-awareness-project-richmond-bc/)
- [BCLI and CCEL Release Report on Assisted Living in Canada](https://www.bcli.org/publication/media-release-bcli-and-ccel-release-report-on-assisted-living-in-c/)
- [Backgrounder: Understanding the Lived Experience of Supported Decision-making in Canada](https://www.bcli.org/publication/backgrounder-understanding-lived-experience-supported-decision-making-canada/)
- [Call for Participation in Research](https://www.bcli.org/publication/call-participation-research/) - 29 July 2013—Are you using supported decision-making to help make decisions through representation agreements? Would you like to be interviewed about your experience? Download the call for participation in research in Adobe Acrobat PDF format.
- [Research Methodology Update Supported Decision-making](https://www.bcli.org/publication/research-methodology-update-supported-decision-making/) - Download the document in Adobe Acrobat PDF format.
- [BCLI Asks for Public Input on Tests of Mental Capacity](https://www.bcli.org/publication/bcli-asks-for-public-input-on-tests-of-mental-capacity/)
- [Consultation Paper on Assisted Living in British Columbia](https://www.bcli.org/publication/consultation-paper-assisted-living-british-columbia/)
- [CCEL Project Committee to Consider Assisted Living](https://www.bcli.org/publication/ccel-project-committee-to-consider-assisted-living/)
- [BCLI Releases Consultation Paper on Assisted Living Reform](https://www.bcli.org/publication/bcli-releases-consultation-paper-on-assisted-living-reform/)
- [Backgrounder No. 1 - Introduction to Strata-Property Law Project - Phase One](https://www.bcli.org/publication/strata-property-backgrounder-no-1/)
- [Backgrounder no. 2 - Report on Strata Property Law Project: Phase One](https://www.bcli.org/publication/backgrounder-no-2-report-strata-property-law-project-phase-one/)
- [70. Report on Strata Property Law: Phase One](https://www.bcli.org/publication/report-strata-property-law-phase-one/)
- [BCLI Launches Phase One of Strata Property Law Project](https://www.bcli.org/publication/bcli-launches-phase-one-of-strata-property-law-project/)
- [BCLI Publishes Final Report for Phase One of Strata Property Law Project](https://www.bcli.org/publication/bcli-publishes-final-report-for-phase-one-of-strata-property-law-project/)
- [BCLI to Research the Meaning of “Family Status” under the BC Human Rights Code](https://www.bcli.org/publication/bcli-to-research-the-meaning-of-family-status-under-the-bc-human-rights-code/)
- [BCLI Publishes Study Paper on Family Status Discrimination](https://www.bcli.org/publication/bcli-publishes-study-paper-on-family-status-discrimination/)
- [Consultation Paper on Section 29(2) of the Land Title Act and Notice of Unregistered Interests](https://www.bcli.org/publication/consultation-paper-section-292-land-title-act-and-notice-unregistered-interests/) - This is the first consultation paper issued by the British Columbia Law Institute (BCLI) in connection with Phase 2 of the Real Property Reform Project, a law reform initiative funded by The Law Foundation of British Columbia, the Notary Foundation, and the Real Estate Foundation of British Columbia. Keywords: land, real property, housing, tenancy &
- [Consultation Paper on Accounting and Contribution Between Co-Owners of Land](https://www.bcli.org/publication/consultation-paper-accounting-and-contribution-between-co-owners-land/)
- [Consultation Paper on Joint Tenancy](https://www.bcli.org/publication/consultation-paper-joint-tenancy/)
- [Consultation Paper on the Partition of Property Act](https://www.bcli.org/publication/consultation-paper-partition-property-act/)
- [Consultation Paper on Restrictive Covenants](https://www.bcli.org/publication/consultation-paper-restrictive-covenants/)
- [58. Report on Section 29(2) of the Land Title Act and Notice of Unregistered Interests](https://www.bcli.org/publication/58-report-section-292-land-title-act-and-notice-unregistered-interests/) - Report on Section 29(2) of the Land Title Act and Notice of Unregistered Interests is concerned with resolving the uncertainty resulting from conflicting lines of authority on whether registration under the Land Title Act of British Columbia will confer priority over a competing unregistered interest when the holder of the registered interest had actual notice
- [64. Report on Section 35 of the Property Law Act](https://www.bcli.org/publication/64-report-section-35-property-law-act/) - Section 35 of the Property Law Act allows the Supreme Court of British Columbia to remove or modify certain kinds of registered charges from the title to land on various grounds, including obsolescence. This report examines section 35 and its judicial interpretation in depth. It considers whether the section should be expanded to cover a
- [66. Report on Joint Tenancy](https://www.bcli.org/publication/66-report-joint-tenancy/) - Some of the common law rules governing joint tenancy are not in keeping with present-day circumstances. This report makes numerous recommendations for the reform of the law of joint tenancy to remove some of its more anachronistic features and allow this very popular way of holding land to better serve contemporary society. In particular, it
- [67. Report on Restrictive Covenants](https://www.bcli.org/publication/67-report-restrictive-covenants/) - Covenants that run with land can protect important interests and amenities against incompatible patterns of land use. Unlike normal contracts, they may be enforced against successive owners who are not parties to the covenant. Under existing law, covenants must be “negative” or “restrictive” (imposing a prohibition) in order to “run with the land,” apart from
- [68. Report on Partition of Property Act](https://www.bcli.org/publication/68-report-partition-property-act/) - Partition and sale in lieu of partition are remedies available to a co-owner of land who wishes to end the co-ownership without the consent of other co-owners. In British Columbia these remedies are partly governed by the Partition of Property Act. Much of the Act consists of procedural provisions that are now covered by modern
- [69. Report on Accounting and Contribution Between Co-Owners](https://www.bcli.org/publication/69-report-accounting-and-contribution-between-co-owners/) - Co-ownership of land is very common. The body of law that concerns financial relations between co-owners of land, however, is rudimentary and archaic. This report recommends reforms that are overdue and will give modern context to a neglected area of the law of co-ownership.
- [BCLI Releases Four New Consultation Papers on Real Property Law](https://www.bcli.org/publication/bcli-releases-four-new-consultation-papers-on-real-property-law/)
- [BCLI Releases Recommended Practices Guide For Lawyers and Notaries Concerning Undue Influence Relating to Wills](https://www.bcli.org/publication/bcli-releases-recommended-practices-guide-for-lawyers-and-notaries-concerning-undue-influence-relating-to-wills/)
- [New BCLI Project Committee to Tackle Unfair Contracts](https://www.bcli.org/publication/new-bcli-project-committee-to-tackle-unfair-contracts/)
- [Unfair Contracts Relief Backgrounder No. 1 - Introduction to the Unfair Contracts Relief Project](https://www.bcli.org/publication/unfair-contracts-relief-backgrounder-no-1-introduction-unfair-contracts-relief-pr/)
- [Consultation Paper on Proposals for Unfair Contracts Relief](https://www.bcli.org/publication/consultation-paper-proposals-unfair-contracts-relief/) - With today’s publication of the Consultation Paper on Proposals for Unfair Contracts Relief, the British Columbia Law Institute is asking the public to comment on its proposals for reform of the law of contracts. “Contract law has traditionally developed case by case in the courts,” noted Prof. Joost Blom, Q.C., chair of the BCLI’s Unfair
- [Unfair Contracts Relief Backgrounder No. 2 - Consultation Paper on Proposals for Unfair Contracts Relief](https://www.bcli.org/publication/unfair-contracts-relief-backgrounder-no-2-consultation-paper-proposals-unfair-con/) - Th Unfair Contracts Relief Project is a two-year law-reform project. The project's focus is on general concepts in the law of contracts that addres the problem of contractual unfairness. Its goal is to produce a final report that considers draft legislation containing reforms to these general concepts. The consultation paper sets out tentative recommendations for
- [60. Report on Proposals for Unfair Contracts Relief](https://www.bcli.org/publication/60-report-proposals-unfair-contracts-relief/) - The basic purpose of the law of contracts is to ensure that promises made for consideration are enforced. Achieving this basic purpose offends the conscience of society in some cases. The courts have a longstanding jurisdiction to refuse to enforce contracts that are determined to be unfair. This report recommends reforms to the leading concepts
- [Unfair Contracts Relief Backgrounder No. 3 - Report
 on 
Proposals 
for 
Unfair 
Contracts 
Relief](https://www.bcli.org/publication/unfair-contracts-relief-backgrounder-no-3/) - Keywords: contract, unconscionability, duress, undue influence, good faith, misrepresentation, exclusion clause, unfair contract, Contract Fairness Act, remedies, consumer protection, consumer financial & debt, inequality of bargaining power, general principles of contract law
- [Unfair Contracts Relief Backgrounder No. 4 - Why the Legislative Assembly Should Enact the Contract Fairness Act](https://www.bcli.org/publication/unfair-contracts-relief-backgrounder-no-4-why-legislative-assembly-should-enact-c/) - Keywords: contract, unconscionability, duress, undue influence, good faith, misrepresentation, exclusion clause, unfair contract, Contract Fairness Act, remedies, consumer protection, consumer financial & debt, inequality of bargaining power, general principles of contract law
- [Media Release no. 1—BCLI Forms Strata Property Law Project Committee](https://www.bcli.org/publication/bcli-forms-strata-property-law-project-committee/)
- [Older Women's Project, Advisory Committee Members' Biographies](https://www.bcli.org/publication/older-womens-project-advisory-committee-members-biographies/)
- [BCLI Recommends Reforms to Encourage Settlements of Complex Litigation](https://www.bcli.org/publication/bcli-recommends-reforms-to-encourage-settlements-of-complex-litigation/)
- [Introduction to Contribution after Settlement under the Negligence Act Project](https://www.bcli.org/publication/introduction-contribution-after-settlement-under-negligence-act-project/)
- [Consultation Paper on Contribution after Settlement under the Negligence Act](https://www.bcli.org/publication/consultation-paper-contribution-after-settlement-under-negligence-act/) - We are interested in your response to this consultation paper. It is available for download here. It would be helpful if your response directly addressed the tentative recommendations set out in this consultation paper, but it is not necessary. We will also accept general comments on reform of the law on contribution and indemnity under
- [Backgrounder no. 2 - Consultation Paper on Contribution after Settlement under the Negligence Act](https://www.bcli.org/publication/backgrounder-no-2-consultation-paper-contribution-after-settlement-under-negligen/) - This consultation paper contains proposals to amend the Negligence Act to deal with issues arising in multiparty litigation when one or more (but not all) of a number of defendants enter into a settlement agreement with the plaintiff and a non-settling defendant subsequently asserts its right to contribution or indemnity against a settling defendant. The
- [BCLI Launches “Contribution after Settlement under the Negligence Act” Project](https://www.bcli.org/publication/bcli-launches-contribution-after-settlement-under-the-negligence-act-project/)
- [74. Report on Contribution after Settlement under the Negligence Act](https://www.bcli.org/publication/report-on-contribution-after-settlement-under-the-negligence-act/)
- [Backgrounder no. 3 - Report on Contribution after Settlement under the Negligence Act](https://www.bcli.org/publication/backgrounder-no-3-report-on-contribution-after-settlement-under-the-negligence-act/)
- [Backgrounder no. 4 - Proposed Legislative Changes in the Report on Contribution after Settlement under the Negligence Act](https://www.bcli.org/publication/backgrounder-no-4-proposed-legislative-changes-in-the-report-on-contribution-after-settlement-under-the-negligence-act/)
- [Fact Sheet 1 Fraud Protection Strategies for Seniors—on the Phone](https://www.bcli.org/publication/fact-sheet-1-fraud-protection-strategies-for-seniors-on-the-phone/)
- [Fact Sheet 2 Fraud Protection Strategies for Seniors—in the Home](https://www.bcli.org/publication/fact-sheet-2-fraud-protection-strategies-for-seniors-in-the-home/)
- [Fact Sheet 3 Fraud Protection Strategies for Seniors—in the Community](https://www.bcli.org/publication/fact-sheet-3-fraud-protection-strategies-for-seniors-in-the-community/)
- [Fact Sheet 4 Fraud Protection Strategies for Seniors—on the Internet](https://www.bcli.org/publication/fact-sheet-4-fraud-protection-strategies-for-seniors-on-the-internet/)
- [Fact Sheet 5 Fraud Protection Strategies for Seniors—on Identity Theft](https://www.bcli.org/publication/fact-sheet-5-fraud-protection-strategies-for-seniors-on-identity-theft/)
- [Fiche 1 Stratégies de protection contre la fraude pour les aînés—au téléphone](https://www.bcli.org/publication/fiche-1-strategies-de-protection-contre-la-fraude-pour-les-aines-au-telephone/)
- [Fiche 2 Stratégies de protection contre la fraude pour les aînés—à la maison](https://www.bcli.org/publication/fiche-2-strategies-de-protection-contre-la-fraude-pour-les-aines-a-la-maison/)
- [Fiche 3 Stratégies de protection contre la fraude pour les aînés—dans la communauté](https://www.bcli.org/publication/fiche-3-strategies-de-protection-contre-la-fraude-pour-les-aines-dans-la-communaute/)
- [Fiche 4 Stratégies de protection contre la fraude pour les aînés—sur internet](https://www.bcli.org/publication/fiche-4-strategies-de-protection-contre-la-fraude-pour-les-aines-sur-internet/)
- [Fiche 5 Stratégies de protection contre la fraude pour les aînés—vol d'identité](https://www.bcli.org/publication/fiche-5-strategies-de-protection-contre-la-fraude-pour-les-aines-vol-didentite/)
- [DEAR Brochure](https://www.bcli.org/publication/dear-brochure/)
- [Backgrounder no. 1 - Introduction to the Strata Property Law Project - Phase Two](https://www.bcli.org/publication/introduction-to-the-strata-property-law-project-phase-two/) - This backgrounder is available in Adobe Acrobat (PDF) format.
- [Consultation Paper on Common-Law Tests of Capacity](https://www.bcli.org/publication/consultation-paper-common-law-tests-capacity/)
- [Common-Law Tests of Capacity Project Backgrounder no. 3: Consultation Paper on Common Law Tests of Capacity](https://www.bcli.org/publication/backgrounder-no-3-consultation-paper-common-law-tests-capacity/)
- [73. Report on Common-Law Tests of Capacity](https://www.bcli.org/publication/report-on-common-law-tests-of-capacity/)
- [Common-Law Tests of Capacity Project Backgrounder No. 4 Summary of Report](https://www.bcli.org/publication/backgrounder-no-4-summary-of-report/)
- [Common-Law Tests of Capacity Project Media Release No. 3 Publication of Final Report](https://www.bcli.org/publication/media-release-no-3-publication-of-final-report/)
- [Common-Law Tests of Capacity Project Backgrounder No. 5 Proposed Legislative Changes](https://www.bcli.org/publication/backgrounder-no-5-proposed-legislative-changes/)
- [BCLI Forms Project Committee to Investigate Common-Law Tests of Capacity](https://www.bcli.org/publication/bcli-forms-project-committee-to-investigate-common-law-tests-of-capacity/)
- [Common-Law Tests of Capacity Project Backgrounder no. 1 - Introduction to the Rationalizing and Harmonization of BC Common-Law Tests of Capacity Project](https://www.bcli.org/publication/common-law-tests-capacity-project-backgrounder-no-1-introduction-rationalizing-an/) - The British Columbia Law Institute has just begun work on a two-year project to examine the legal tests that determine whether a person has the mental capacity necessary to carry out a transaction or enter into a relationship. The Rationalizing and Harmonization of BC Common-Law Tests of Capacity Project focusses on tests of capacity that
- [Common-Law Tests of Capacity Project Backgrounder No. 2 - Members of the Common-Law Tests of Capacity Project Committee](https://www.bcli.org/publication/common-law-tests-capacity-project-backgrounder-no-2-members-common-law-tests-capa/)
- [Older Women's Dialogue Project IWD 2014 Event Program](https://www.bcli.org/publication/older-womens-dialogue-project-iwd-2014-event-program/) - On March 6, 2014 the CCEL hosted its second International Women's Day event focused on older. The event was funded by the United Way Lower Mainland.
- [Power of Attorney Use and Abuse: A guide for seniors and their attorneys (English Brochure)](https://www.bcli.org/publication/power-of-attorney-use-and-abuse-a-guide-for-seniors-and-their-attorneys-english-brochure/)
- [Power of Attorney Use and Abuse: A guide for seniors and their attorneys (Chinese Brochure)](https://www.bcli.org/publication/power-of-attorney-use-and-abuse-a-guide-for-seniors-and-their-attorneys-chinese-brochure/)
- [Power of Attorney Use and Abuse: A guide for seniors and their attorneys (English Factsheet)](https://www.bcli.org/publication/power-of-attorney-use-and-abuse-a-guide-for-seniors-and-their-attorneys-english-factsheet/)
- [Power of Attorney Use and Abuse: A guide for seniors and their attorneys (Chinese Factsheet)](https://www.bcli.org/publication/power-of-attorney-use-and-abuse-a-guide-for-seniors-and-their-attorneys-chinese-factsheet/)
- [75. Annual Report 2013](https://www.bcli.org/publication/annual-report-2013/)
- [Uniform Vital Statistics Act Project Backgrounder](https://www.bcli.org/publication/uniform-vital-statistics-act-project-backgrounder/)
- [77. Supplementary Report no. 2 on Proposals for a New Society Act](https://www.bcli.org/publication/supplementary-report-no-2-on-proposals-for-a-new-society-act/) - Supplementary Report no. 2. on Proposals for a New Society Act was issued as a response to the Ministry of Finance's Societies Act White Paper.
- [Backgrounder no. 4 - Summary of Report on Terminating a Strata](https://www.bcli.org/publication/backgrounder-no-4-summary-of-report-on-terminating-a-strata/)
- [Backgrounder no. 5 - Questions and Answers about the Report on Terminating a Strata](https://www.bcli.org/publication/backgrounder-no-5-questions-and-answers-about-the-report-on-terminating-a-strata/) - This file is available in Adobe Acrobat (PDF) format.
- [79. Report on Terminating a Strata](https://www.bcli.org/publication/79-report-on-terminating-a-strata/)
- [Media Release no. 2—Publication of Consultation Paper on Terminating a Strata](https://www.bcli.org/publication/strata-property-law-phase-two-project-media-release-no-2-re-publication-of-consultation-paper-on-terminating-a-strata/)
- [Backgrounder no. 3 - Consultation Paper on Terminating a Strata](https://www.bcli.org/publication/strata-property-law-phase-two-project-backgrounder-no-3-re-consultation-paper-on-terminating-a-strata/)
- [Consultation Paper on Terminating a Strata](https://www.bcli.org/publication/consultation-paper-on-terminating-a-strata/)
- [Response Booklet for Consultation Paper on Terminating a Strata](https://www.bcli.org/publication/response-booklet-for-consultation-paper-on-terminating-a-strata/)
- [Summary Consultation on Terminating a Strata](https://www.bcli.org/publication/summary-consultation-on-terminating-a-strata/)
- [Media Release no. 3—BCLI recommends new approach to terminating a strata](https://www.bcli.org/publication/bcli-recommends-new-approach-to-terminating-a-strata/)
- [Introduction to the Employment Standards Act Reform Project](https://www.bcli.org/publication/introduction-to-the-employment-standards-act-reform-project/)
- [Builders Lien Act Reform Project Backgrounder](https://www.bcli.org/publication/builders-lien-act-reform-project-backgrounder/)
- [78. Annual Report 2014](https://www.bcli.org/publication/78-annual-report-2014/)
- [105. Minor Report on Severance of Unconstitutional Enactments](https://www.bcli.org/publication/105-minor-report-on-severance-of-unconstitutional-enactments/)
- [90. Report on the Court Order Interest Act](https://www.bcli.org/publication/90-report-on-the-court-order-interest-act/)
- [BCLI Seeks Input on New and Emerging Issues for Update to Pension Division Q & A Materials ](https://www.bcli.org/publication/bcli-seeks-input-on-new-and-emerging-issues-for-update-to-pension-division-q-a-materials/)
- [Questions and Answers About Pension Division on Marriage Breakdown in British Columbia](https://www.bcli.org/publication/questions-and-answers-about-pension-division-marriage-breakdown-british-columbia/)
- [Media Release no. 4—BCLI welcomes reforms to rules on terminating a strata](https://www.bcli.org/publication/bcli-welcomes-reforms-to-rules-on-terminating-a-strata/)
- [BCLI Starting New Project on Litigation Financing](https://www.bcli.org/publication/bcli-starting-new-project-on-litigation-financing/)
- [Backgrounder no.1 - Financing Litigation Legal Research Project](https://www.bcli.org/publication/financing-litigation-project-backgrounder/)
- [New BC Franchises Act Implements BCLI Recommendations](https://www.bcli.org/publication/new-bc-franchises-act-implements-bcli-recommendations/) - This media release is available in Adobe Acrobat (PDF) format.
- [76. Report on a Franchise Act for British Columbia](https://www.bcli.org/publication/report-on-a-franchise-act-for-british-columbia/) - Report on a Franchise Act for British Columbia
- [BCLI issues Report on a Franchise Act for BC](https://www.bcli.org/publication/bcli-issues-report-on-a-franchise-act-for-bc/)
- [Backgrounder: Franchise Act Project](https://www.bcli.org/publication/backgrounder-franchise-act-project/)
- [Consultation Paper on a BC Franchise Act](https://www.bcli.org/publication/consultation-paper-bc-franchise-act/) - BCLI has issued the Consultation Paper on a Franchise Act for British Columbia to obtain input from franchisors, franchisees, business and consumer organizations and the general public on the proposed legislation to govern franchising, which would resemble legislation already in force in five other provinces. BCLI hopes the Consultation Paper on a Franchise Act for
- [BCLI launches project on a Franchise Act for British Columbia](https://www.bcli.org/publication/bcli-launches-project-on-a-franchise-act-for-british-columbia/)
- [BCLI issues Consultation Paper on a BC Franchise Act](https://www.bcli.org/publication/bcli-issues-consultation-paper-on-a-bc-franchise-act/)
- [Backgrounder no. 1 - Introducing Project on Potential Undue Influence:Recommended Practices for Wills Practitioners](https://www.bcli.org/publication/backgrounder-no-1-introducing-project-potential-undue-influencerecommended-prac-0/) - Backgrounder no. 1 describes the Project on Potential Undue Influence: Recommended Practices for Wills Practitioners and introduces the project committee.
- [Undue Influence Recognition/Prevention - A Reference Aid](https://www.bcli.org/publication/undue-influence-recognitionprevention-a-reference-aid/)
- [61. Recommended Practices for Wills Practitioners Relating to Potential Undue Influence: A Guide](https://www.bcli.org/publication/61-recommended-practices-wills-practitioners-relating-potential-undue-influence-g/) - Legal practitioners who prepare wills now take care to be satisfied that the will instructions represent the independent wishes of their clients. A forthcoming change in the law in section 52 of the Wills, Estates and Succession Act requires some heightened awareness of the possibility of undue influence on the part of wills practitioners. Once
- [Older Women Fleeing Violence and Abuse in Canada: Bringing Together Separate Spheres of Practice](https://www.bcli.org/publication/older-women-fleeing-violence-and-abuse-in-canada-bringing-together-separate-spheres-of-practice/) - Older Women Fleeing Violence and Abuse in Canada: Bringing Together Separate Spheres of Practice Supporting older women fleeing violence is challenging work that demands knowledge of both elder abuse and violence against women. Yet, these two communities of practice operate largely as separate spheres. The Canadian Centre for Elder Law was invited to submit an
- [Older Women's Dialogue Project Mini Report 2014 Russian](https://www.bcli.org/publication/older-womens-dialogue-project-mini-report-2014-russian/)
- [Older Women's Dialogue Project Mini Report 2014 Polish](https://www.bcli.org/publication/older-womens-dialogue-project-mini-report-2014-polish/)
- [Older Women's Dialogue Project Mini Report 2014 Dari](https://www.bcli.org/publication/older-womens-dialogue-project-mini-report-2014-dari/)
- [Older Women's Dialogue Project Mini Report 2014 Farsi](https://www.bcli.org/publication/older-womens-dialogue-project-mini-report-2014-farsi/)
- [Older Women's Dialogue Project Mini Report 2014 Punjabi](https://www.bcli.org/publication/older-womens-dialogue-project-mini-report-2014-punjabi/)
- [Older Women's Dialogue Project Mini Report 2014 Trad Chinese](https://www.bcli.org/publication/older-womens-dialogue-project-mini-report-2014-trad-chinese/)
- [Older Women's Dialogue Project Mini Report 2014 Simp Chinese](https://www.bcli.org/publication/older-womens-dialogue-project-mini-report-2014-simp-chinese/)
- [Older Women's Dialogue Project Mini Report 2014 Spanish](https://www.bcli.org/publication/older-womens-dialogue-project-mini-report-2014-spanish/)
- [Older Women's Dialogue Project Mini Report 2014 French](https://www.bcli.org/publication/older-womens-dialogue-project-mini-report-2014-french/)
- [Older Women's Dialogue Project Mini Report 2014 English](https://www.bcli.org/publication/older-womens-dialogue-project-mini-report-2014-english/)
- [We Are Not All the Same: Key Law, Policy and Practice Strategies for Improving the Lives of Older Women in the Lower Mainland](https://www.bcli.org/publication/we-are-not-all-the-same/)
- [Unfair Contract Terms - An Interim Report](https://www.bcli.org/publication/unfair-contract-terms-interim-report/)
- [35. Unfair Contract Terms: an Interim Report](https://www.bcli.org/publication/35-unfair-contract-terms-interim-report/)
- [Consultation Paper on Unfair Contract Terms](https://www.bcli.org/publication/12-consultation-paper-unfair-contract-terms/)
- [BCLI Calls for Reforms to Address Unfair Contracts](https://www.bcli.org/publication/bcli-calls-for-reforms-to-address-unfair-contracts/)
- [BCLI to Research Workplace Dispute Resolution](https://www.bcli.org/publication/bcli-to-research-workplace-dispute-resolution/)
- [BCLI Publishes Report on the Workplace Dispute Resolution Project](https://www.bcli.org/publication/bcli-publishes-report-on-the-workplace-dispute-resolution-project/)
- [CCEL Announces Online Launch of Family Caregiving Study Paper](https://www.bcli.org/publication/ccel-announces-online-launch-of-family-caregiving-study-paper/)
- [Announcing the formation of the Commercial Tenancy Act Reform Project Committee](https://www.bcli.org/publication/announcing-the-formation-of-the-commercial-tenancy-act-reform-project-committee/)
- [BCLI asks for public comment on Proposals for a New Commercial Tenancy Act](https://www.bcli.org/publication/bcli-asks-for-public-comment-on-proposals-for-a-new-commercial-tenancy-act/)
- [Announcing the release of Report on Proposals for a New Commercial Tenancy Act](https://www.bcli.org/publication/announcing-the-release-of-report-on-proposals-for-a-new-commercial-tenancy-act/)
- [Announcing the formation of the Society Act Reform Project Committee](https://www.bcli.org/publication/announcing-the-formation-of-the-society-act-reform-project-committee/)
- [Consultation Paper on Governance Issues for Stratas](https://www.bcli.org/publication/consultation-paper-on-governance-issues-for-stratas-and-response-booklet/)
- [BCLI seeks public input on proposals for a new Society Act](https://www.bcli.org/publication/bcli-seeks-public-input-on-proposals-for-a-new-society-act/)
- [BCLI responds to Ministry of Finance white paper on Society Act reform](https://www.bcli.org/publication/bcli-responds-to-ministry-of-finance-white-paper-on-society-act-reform/)
- [Media Release - CCEL Investigates Predatory Lending in Canada](https://www.bcli.org/publication/ccel-investigates-predatory-lending-in-canada/)
- [48. Report on the Parental Support Obligation in Section 90 of the Family Relations Act](https://www.bcli.org/publication/48-report-parental-support-obligation-section-90-family-relations-act/)
- [Report on the Parental Support Obligation in Section 90 of the Family Relations Act](https://www.bcli.org/publication/report-parental-support-obligation-section-90-family-relations-act/)
- [Introduction to Project on Parental Support](https://www.bcli.org/publication/introduction-project-parental-support/)
- [Publication of Report on the Parental Support Obligation in Section 90 of the Family Relations Act](https://www.bcli.org/publication/publication-of-report-on-the-parental-support-obligation-in-section-90-of-the-family-relations-act/)
- [40. Interim Report on Summary Administration of Small Estates](https://www.bcli.org/publication/40-interim-report-summary-administration-small-estates/)
- [45. Wills, Estates and Succession: A Modern Legal Framework](https://www.bcli.org/publication/45-wills-estates-and-succession-modern-legal-framework/) - To read Wills, Estates and Succession: A Modern Legal Framework, click the file below.
- [B.C. Law Institute Welcomes Passage of Wills, Estates and Succession Act](https://www.bcli.org/publication/b-c-law-institute-welcomes-passage-of-wills-estates-and-succession-act/)
- [42. Report on Unnecessary Requirements for Sworn Statements](https://www.bcli.org/publication/42-report-unnecessary-requirements-sworn-statements/)
- [BCLI welcomes bill to implement its Report on Unnecessary Requirements for Sworn Statements](https://www.bcli.org/publication/bcli-welcomes-bill-to-implement-its-report-on-unnecessary-requirements-for-sworn-statements/) - This media release is available in Adobe Acrobat (PDF) format.
- [Discussion Paper on Assisted Living: Past, Present and Future Legal Trends in Canada](https://www.bcli.org/publication/discussion-paper-assisted-living-past-present-and-future-legal-trends-canada-0/)
- [Discussion Paper on Assisted Living: Past, Present and Future Legal Trends in Canada](https://www.bcli.org/publication/discussion-paper-on-assisted-living-past-present-and-future-legal-trends/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Assisted Living in British Columbia](https://www.bcli.org/publication/report-on-assisted-living-in-british-columbia/) - This report contains recommendations for the improvement and reinforcement of the legislative framework for assisted living in British Columbia.
- [Bill 16 Changes to Assisted Living Legislation Consistent with BCLI / CCEL Recommendations](https://www.bcli.org/publication/bill-16-changes-to-assisted-living-legislation-consistent-with-bcli-ccel-recommendations/) - This media release is available in Adobe Acrobat (PDF) format.
- [Promising Practices for Housing Women who are Older](https://www.bcli.org/publication/promising-practices-for-housing-women-who-are-older/) - This report is available in both French and English. English version Promising Practices for Housing Women who are Older French version Promising Practices for Housing Women who are Older – French
- [Backgrounder no. 6 - Consultation Paper on Complex Stratas](https://www.bcli.org/publication/backgrounder-consultation-paper-on-complex-stratas/)
- [Summary Consultation on Complex Stratas](https://www.bcli.org/publication/summary-consultation-on-complex-stratas/) - The purpose of this summary consultation is to highlight three proposals from the British Columbia Law Institute's Consultation Paper on Complex Stratas. In the interest of brevity, background information and discussion of these proposals has been kept to a bare minimum. The document is available in both MS Word and PDF formats. You can also complete
- [Consultation Paper on Complex Stratas Response Booklet](https://www.bcli.org/publication/consultation-paper-on-complex-stratas-response-booklet/) - We are interested in your response to this consultation paper. It would be helpful if your response directly addressed the tentative recommendations set out in this consultation paper, but it is not necessary. We will also accept general comments on reform on complex stratas -- specifically, legal issues relating to sections, types, and phases. This
- [Consultation Paper on Complex Stratas](https://www.bcli.org/publication/consultation-paper-on-complex-stratas/) - The British Columbia Law Institute began work on the Strata Property Law Project--Phase 2 in summer 2013. This consultation is the second published during the project. It deals with three legal devices for addressing concerns raised by complex stratas: (1) sections, which allow for the creation of mini strata corporations; (2) types, which allow for
- [Media Release no. 5—BCLI opens public consultation on complex stratas](https://www.bcli.org/publication/12774/)
- [Backgrounder: Health Care Consent, Aging and Dementia](https://www.bcli.org/publication/backgrounder-health-care-consent-aging-and-dementia/)
- [Project Backgrounder no. 1—Inclusive Investing: Respecting the Rights of  Vulnerable Investors through Supported Decision Making](https://www.bcli.org/publication/project-backgrounder-inclusive-investing-respecting-the-rights-of-vulnerable-investors-through-supported-decision-making/)
- [80. Annual Report 2015](https://www.bcli.org/publication/80-annual-report-2015/)
- [Media Release March 2017- New report identifies barriers to the well-being of older women in British Columbia that require action](https://www.bcli.org/publication/media-release-new-report-identifies-barriers-to-the-well-being-of-older-women-in-british-columbia-that-require-action/)
- [BCLI Issues 4th Edition of Questions and Answers About Pension Division on the Breakdown of a Relationship in British Columbia](https://www.bcli.org/publication/bcli-issues-4th-edition-of-questions-and-answers-about-pension-division-on-the-breakdown-of-a-relationship-in-british-columbia-2/)
- [Backgrounder - Conflicts of Interest: Directors and Societies](https://www.bcli.org/publication/backgrounder-conflicts-of-interest-directors-and-societies/)
- [Backgrounder - The Legal Consequences of a Temporary Land Title Office Shutdown](https://www.bcli.org/publication/backgrounder-the-legal-consequences-of-a-temporary-land-title-office-shutdown/)
- [81. Report on Complex Stratas](https://www.bcli.org/publication/report-on-complex-stratas/) - Report on Complex Stratas
- [Backgrounder no. 7 - Report on Complex Stratas](https://www.bcli.org/publication/backgrounder-no-7-report-on-complex-stratas/)
- [Backgrounder no. 8 – Legislative Fact Sheet: Report on Complex Stratas](https://www.bcli.org/publication/backgrounder-no-8-legislative-fact-sheet-report-on-complex-stratas/)
- [Media Release no. 6 - BCLI calls for reforms to strata sections, types, and phases](https://www.bcli.org/publication/media-release-no-6-bcli-calls-for-reforms-to-strata-sections-types-and-phases/)
- [We Are Not All The Same Mini Report 2017 French](https://www.bcli.org/publication/nous-ne-sommes-pas-toutes-les-memes-strategies-juridiques-politiques-et-pratiques-pour-ameliorer-les-vies-des-femmes-aines-dans-la-vallee-du-bas-fraser/)
- [We Are Not All The Same Mini Report 2017 English](https://www.bcli.org/publication/we-are-not-all-the-same-key-law-policy-and-practice-strategies-for-improving-the-lives-of-older-women-in-the-lower-mainland/)
- [BCLI Publishes a Study Paper on Financing Litigation](https://www.bcli.org/publication/bcli-publishes-a-study-paper-on-financing-litigation/)
- [Backgrounder no. 2 - Financing Litigation Legal Research Project](https://www.bcli.org/publication/backgrounder-no-2-study-paper-on-financing-litigation/)
- [Engaging Older Women in your Community: A Promising Practices Guide for Women’s and Senior Serving Organizations](https://www.bcli.org/publication/engaging-older-women-in-your-community-a-promising-practices-guide-for-womens-and-senior-serving-organizations/)
- [Report On Vulnerable Investors:  Elder Abuse, Financial Exploitation, Undue Influence And Diminished Mental Capacity](https://www.bcli.org/publication/report-on-vulnerable-investors-elder-abuse-financial-exploitation-undue-influence-and-diminished-mental-capacity/)
- [BCLI and FAIR Canada Release Joint Report On Vulnerable Investors: Elder Abuse, Financial Exploitation, Undue Influence And Diminished Mental Capacity](https://www.bcli.org/publication/bcli-and-fair-canada-release-joint-report-on-vulnerable-investors-elder-abuse-financial-exploitation-undue-influence-and-diminished-mental-capacity/)
- [Study Paper on the Personal Liability of Society Directors and Officers](https://www.bcli.org/publication/1-study-paper-personal-liability-society-directors-and-officers/)
- [FAIR Canada and CCEL Comment Letter re: FCNB’s Consultation Paper "Improving Detection, Prevention and Response to Senior Financial Abuse in New Brunswick"](https://www.bcli.org/publication/fair-canada-and-ccel-comment-letter-on-fcnbs-consultation-paper-improving-detection-prevention-and-response-to-senior-financial-abuse-in-new-brunswick/)
- [We Are Not All The Same Mini Report 2017 Urdu](https://www.bcli.org/publication/we-are-not-all-the-same-mini-report-2017-urdu/)
- [We Are Not All The Same Mini Report 2017 Punjabi](https://www.bcli.org/publication/we-are-not-all-the-same-mini-report-2017-punjabi/)
- [We Are Not All The Same Mini Report 2017 Simplified Chinese](https://www.bcli.org/publication/we-are-not-all-the-same-mini-report-2017-simplified-chinese/)
- [We Are Not All The Same Mini Report 2017 Traditional Chinese](https://www.bcli.org/publication/we-are-not-all-the-same-mini-report-2017-traditional-chinese/)
- [Media Release no. 7 – BCLI invites the public to have its say on proposals for strata governance](https://www.bcli.org/publication/15065/)
- [Backgrounder no. 9 – Consultation Paper on Governance Issues for Stratas](https://www.bcli.org/publication/backgrounder-no-9-consultation-paper-on-governance-issues-for-stratas/)
- [Summary Consultation on Governance Issues for Stratas](https://www.bcli.org/publication/summary-consultation-on-governance-issues-for-stratas/)
- [Consultation Paper on Governance Issues for Stratas - Response Booklet](https://www.bcli.org/publication/consultation-paper-on-governance-issues-for-stratas-response-booklet/) - You can also complete this response booklet using our online survey. You can find the Consultation Paper on Governance Issues for Stratas here.
- [145. Minor Report on the Legal Consequences of a Temporary Land Title Office Shutdown](https://www.bcli.org/publication/minor-report-on-the-legal-consequences-of-a-temporary-land-title-office-shutdown/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [Consultation Paper on the Employment Standards Act](https://www.bcli.org/publication/consultation-paper-on-the-employment-standards-act/)
- [BCLI Invites Public Comment on Reform of the Employment Standards Act](https://www.bcli.org/publication/bcli-invites-public-comment-on-reform-of-the-employment-standards-act/)
- [Backgrounder - Consultation Paper on the Employment Standards Act](https://www.bcli.org/publication/consultation-paper-on-the-employment-standards-act-2/)
- [Modifcation de la Loi Uniforme sur le Changement de Nom](https://www.bcli.org/publication/modifcation-de-la-loi-uniforme-sur-le-changement-de-nom/)
- [Uniform Change of Name Amendment Act](https://www.bcli.org/publication/uniform-change-of-name-amendment-act/)
- [Uniform Vital Statistics Act](https://www.bcli.org/publication/uniform-vital-statistics-act-2017/)
- [Loi uniforme de 2017 sur l'état civil](https://www.bcli.org/publication/loi-uniforme-de-2017-sur-letat-civil/)
- [82. Annual Report 2016](https://www.bcli.org/publication/82-annual-report-2016/)
- [83. Annual Report 2017](https://www.bcli.org/publication/83-annual-report-2017/)
- [Project Backgrounder no 2—Inclusive Investing: Respecting the Rights of Vulnerable Investors through Supported Decision Making](https://www.bcli.org/publication/inclusive-investing-respecting-the-rights-of-vulnerable-investors-through-supported-decision-making-project-backgrounder-no-2/)
- [Consultation Paper on Insurance Issues for Stratas – Response Booklet](https://www.bcli.org/publication/consultation-paper-on-insurance-issues-for-stratas-response-booklet/) - We are interested in your response to our consultation paper, available for download here. It would be helpful if your response directly addressed the tentative recommendations set out in this consultation paper, but it is not necessary. General comments on insurance issues for stratas are also welcome. The best way to submit a response is
- [Consultation Paper on Insurance Issues for Stratas](https://www.bcli.org/publication/consultation-paper-on-insurance-issues-for-stratas/) - We are interested in your response to this consultation paper. It would be helpful if your response directly addressed the tentative recommendations set out in this consultation paper, but it is not necessary. General comments on insurance issues for stratas are also welcome. The best way to submit a response is to use a response
- [Backgrounder no. 10 – Consultation Paper on Insurance Issues for Stratas](https://www.bcli.org/publication/backgrounder-no-10-consultation-paper-on-insurance-issues-for-stratas/)
- [Media release no. 8—BCLI seeks input on insurance issues for stratas](https://www.bcli.org/publication/media-release-no-8-bcli-seeks-input-on-insurance-issues-for-stratas/)
- [Project Advisory Committee Biographies - Inclusive Investing](https://www.bcli.org/publication/project-advisory-committee-biographies-inclusive-investing/)
- [Media release no. 1—CCEL Forms Inclusive Investing Project Advisory Committee](https://www.bcli.org/publication/media-release-no-1-ccel-forms-inclusive-investing-project-advisory-committee/)
- [Inclusive Investing Consultation Poster](https://www.bcli.org/publication/inclusive-investing-consultation-poster/)
- [Consultation Paper on Common Property, Land Titles, and Fundamental Changes for Stratas](https://www.bcli.org/publication/consultation-paper-on-common-property-land-titles-and-fundamental-changes-for-stratas/) - You can find the Response Booklet here or complete our online survey. You can find the Backgrounder here. You can find the Summary Consultation here. You can also complete the Summary Consultation via our online survey.
- [Summary Consultation on Common Property, Land Titles, and Fundamental Changes for Stratas](https://www.bcli.org/publication/summary-consultation-on-land-issues-for-stratas/) - The purpose of this summary consultation is to highlight three proposals from the British Columbia Law Institute’s Consultation Paper on Common Property, Land Titles, and Fundamental Changes for Stratas. You can also complete the Summary Consultation via our online survey. You can find the Consultation Paper here. You can find the Backgrounder here.
- [Backgrounder no. 11 – Consultation Paper on Common Property, Land Titles, and Fundamental Change for Stratas](https://www.bcli.org/publication/backgrounder-no-11-consultation-paper-on-common-property-land-titles-and-fundamental-change-for-stratas/) - You can find the Consultation Paper here. You can find the Summary Consultation here. You can also complete the Summary Consultation via our online survey. You can find the Response Booklet here. You can also complete this Response Booklet using our online survey.
- [Consultation Paper on Common Property, Land Titles, and Fundamental Changes for Stratas -  Response Booklet](https://www.bcli.org/publication/15756/) - You can also complete this response booklet using our online survey. You can find the consultation paper here.
- [Media Release no. 9–Have your say on common property, land titles, and fundamental changes for stratas](https://www.bcli.org/publication/media-release-no-9-have-your-say-on-common-property-land-titles-and-fundamental-changes-for-stratas/)
- [BCLI releases Report on the Employment Standards Act](https://www.bcli.org/publication/bcli-releases-report-on-the-employment-standards-act/)
- [Backgrounder - Report on the Employment Standards Act](https://www.bcli.org/publication/backgrounder-report-on-the-employment-standards-act/)
- [84. Report on the Employment Standards Act](https://www.bcli.org/publication/report-on-the-employment-standards-act-2/)
- [Media Release no. 10–BCLI Recommends New Legislation to Improve Strata Governance](https://www.bcli.org/publication/media-release-no-10-bcli-recommends-new-legislation-to-improve-strata-governance/)
- [Backgrounder no. 12 - Report on Governance Issues for Stratas](https://www.bcli.org/publication/backgrounder-report-on-governance-issues-for-stratas/)
- [85. Report on Governance Issues for Stratas](https://www.bcli.org/publication/report-on-governance-issues-for-stratas/)
- [Backgrounder no. 13 - Legislative Fact Sheet: Report on Governance Issues for Stratas](https://www.bcli.org/publication/backgrounder-no-13-legislative-fact-sheet-report-on-governance-issues-for-stratas/)
- [Backgrounder no. 1 - Introduction to the Pension Division Review Project](https://www.bcli.org/publication/backgrounder-no-1-introduction-to-the-pension-division-review-project/)
- [Backgrounder no. 2 - Members of the Pension Division Review Project Committee](https://www.bcli.org/publication/backgrounder-no-2-members-of-the-pension-division-review-project-committee/)
- [Media Release no.1 - BCLI forms project committee to review pension division under part 6 of the Family Law Act](https://www.bcli.org/publication/media-release-no-1-bcli-forms-project-committee-to-review-pension-division-under-part-6-of-the-family-law-act/)
- [Conversations About Care: The Law and Practice of Health Care Consent for People Living with Dementia in British Columbia (Summary report)](https://www.bcli.org/publication/conversations-about-care-the-law-and-practice-of-health-care-consent-for-people-living-with-dementia-in-british-columbia-summary-report/)
- [Consultation Paper on the Builders Lien Act](https://www.bcli.org/publication/consultation-paper-on-the-builders-lien-act/)
- [Media Release - New report on health care treatment decision-­making for people living with dementia in British Columbia](https://www.bcli.org/publication/media-release-new-report-on-health-care-treatment-decision-making-for-people-living-with-dementia-in-british-columbia/)
- [Backgrounder no. 14 - Report on Insurance Issues for Stratas](https://www.bcli.org/publication/backgrounder-no-14-report-on-insurance-issues-for-stratas/)
- [86. Report on Insurance Issues for Stratas](https://www.bcli.org/publication/report-on-insurance-issues-for-stratas/)
- [Backgrounder no. 15 - Legislative Fact Sheet: Report on Insurance Issues for Stratas](https://www.bcli.org/publication/backgrounder-no-15-legislative-fact-sheet-report-on-insurance-issues-for-stratas/)
- [Media Release no. 11 - BCLI calls for reforms to the Strata Property Act’s insurance provisions](https://www.bcli.org/publication/media-release-no11-bcli-calls-for-reforms-to-the-strata-property-acts-insurance-provisions/)
- [British Columbia Law Institute joins over 51 partners in Access to Justice BC’s Triple Aim](https://www.bcli.org/publication/british-columbia-law-institute-joins-over-51-partners-in-access-to-justice-bcs-triple-aim/)
- [Backgrounder no. 16 – Report on Common Property, Land Titles, and Fundamental Changes for Stratas](https://www.bcli.org/publication/backgrounder-no-16-report-on-common-property-land-titles-and-fundamental-changes-for-stratas/)
- [Backgrounder no. 17 – Legislative Fact Sheet: Report on Common Property, Land Titles, and Fundamental Changes for Stratas](https://www.bcli.org/publication/backgrounder-legislative-fact-sheet-report-on-common-property-land-titles-and-fundamental-changes-for-stratas/)
- [Media Release no. 12 – BCLI recommends reforms to the Strata Property Act’s legal framework for common property, land titles, and fundamental changes](https://www.bcli.org/publication/media-release-no-12-bcli-recommends-reforms-to-the-strata-property-acts-legal-framework-for-common-property-land-titles-and-fundamental-changes/)
- [87. Report on Common Property, Land Titles, and Fundamental Changes for Stratas](https://www.bcli.org/publication/87-report-on-common-property-land-titles-and-fundamental-changes-for-stratas/)
- [Backgrounder no. 18 – Quick Facts on the Strata Property Law Project—Phase Two](https://www.bcli.org/publication/backgrounder-no-18-quick-facts-on-the-strata-property-law-project-phase-two/)
- [Backgrounder no.1 - Introduction to the Modernizing the Child, Family and Community Service Act Project](https://www.bcli.org/publication/backgrounder-no-1-introduction-to-the-modernizing-the-child-family-and-community-service-act-project/)
- [Backgrounder no. 2 - Members of the Child Protection Project Committee](https://www.bcli.org/publication/backgrounder-no-2-members-of-the-child-protection-project-committee/)
- [Overview of the BCLI Consultation Paper on the Builders Lien Act](https://www.bcli.org/publication/overview-of-the-bcli-consultation-paper-on-the-builders-lien-act/)
- [BCLI Issues Consultation Paper on the Builders Lien Act](https://www.bcli.org/publication/bcli-issues-consultation-paper-on-the-builders-lien-act/)
- [BC Law Institute Announces Changes on the Board of Directors](https://www.bcli.org/publication/bc-law-institute-announces-changes-on-the-board-of-directors/)
- [BC Law Institute and Canadian Centre for Elder Law Launch Survey on Law Reform Needs for BC](https://www.bcli.org/publication/bc-law-institute-and-canadian-centre-for-elder-law-launch-survey-on-law-reform-needs-for-bc/)
- [Health Care Decision-Making: Legal Rights of People Living with Dementia](https://www.bcli.org/publication/health-care-decision-making-legal-rights-of-people-living-with-dementia/)
- [Media Release - BCLI & CCEL Begin Health Care Consent and Capacity Assessment Tribunals Project](https://www.bcli.org/publication/media-release-bcli-ccel-begin-health-care-consent-and-capacity-assessment-tribunals-project/)
- [Supporting People with Disabilities to Participate in Decision-­Making: International Scan of Resources](https://www.bcli.org/publication/supporting-people-with-disabilities-to-participate-in-decision-making-international-scan-of-resources/)
- [Health Care Decision-Making: Legal Rights of People Living with Dementia (Traditional Chinese)](https://www.bcli.org/publication/health-care-decision-making-legal-rights-of-people-living-with-dementia-traditional-chinese/)
- [Health Care Decision-Making: Legal Rights of People Living with Dementia (Punjabi)](https://www.bcli.org/publication/health-care-decision-making-legal-rights-of-people-living-with-dementia-punjabi/)
- [Prise de décisions en matière de santé : Droits des personnes vivant avec des troubles cognitifs](https://www.bcli.org/publication/prise-de-decisions-en-matiere-de-sante-droits-des-personnes-vivant-avec-des-troubles-cognitifs/)
- [90. Annual Report 2019](https://www.bcli.org/publication/90-annual-report-2019/)
- [88. Annual Report 2018](https://www.bcli.org/publication/2018-annual-report/)
- [Media release no. 2—BCLI seeks input on proposals to reform pension division](https://www.bcli.org/publication/media-release-no-2-bcli-seeks-input-on-proposals-to-reform-pension-division/)
- [Response Booklet - Consultation Paper on Pension Division: A Review of Part 6 of the Family Law Act](https://www.bcli.org/publication/response-booklet-consultation-paper-on-pension-division-a-review-of-part-6-of-the-family-law-act/)
- [Consultation Paper on Pension Division: A Review of Part 6 of the Family Law Act](https://www.bcli.org/publication/consultation-paper-on-pension-division-a-review-of-part-6-of-the-family-law-act/)
- [Backgrounder no. 3 – Summary of the Consultation Paper on Pension Division: A Review of Part 6 of the Family Law Act](https://www.bcli.org/publication/backgrounder-no-3-summary-of-the-consultation-paper-on-pension-division-a-review-of-part-6-of-the-family-law-act/)
- [89. Report on the Builders Lien Act](https://www.bcli.org/publication/report-on-the-builders-lien-act/)
- [Media Release - BCLI Issues Report on the Builders Lien Act](https://www.bcli.org/publication/media-release-bcli-issues-report-on-the-builders-lien-act/)
- [Response Booklet - Consultation Paper on Modernizing the Child, Family and Community Service Act](https://www.bcli.org/publication/response-booklet-cp-on-modernizing-the-child-family-and-community-service-act/)
- [Consultation Paper on Modernizing the Child, Family and Community Service Act](https://www.bcli.org/publication/consultation-paper-on-modernizing-the-child-family-and-community-service-act-2/)
- [Backgrounder no. 3 – Consultation Paper on Modernizing the Child, Family and Community Service Act](https://www.bcli.org/publication/backgrounder-no-3-consultation-paper-on-modernizing-the-child-family-and-community-service-act/)
- [Media Release no.1 – Have your say on proposals to reform the Child, Family and Community Service Act](https://www.bcli.org/publication/media-release-no-1-have-your-say-on-proposals-to-reform-the-child-family-and-community-service-act/)
- [Media Release no. 3 - BCLI recommends pension division reforms](https://www.bcli.org/publication/media-release-no-3-bcli-recommends-pension-division-reforms/)
- [Backgrounder no. 5 – Pension Division Review: Legislative Fact Sheet](https://www.bcli.org/publication/backgrounder-no-5-legislative-fact-sheet/)
- [Backgrounder no. 4 – Summary of the Report on Pension Division: A Review of Part 6 of the Family Law Act](https://www.bcli.org/publication/backgrounder-no-4-summary-of-the-report-on-pension-division-a-review-of-part-6-of-the-family-law-act/)
- [Backgrounder no. 6—Quick Facts about the Pension Division Project](https://www.bcli.org/publication/backgrounder-no-6-quick-facts-about-the-pension-division-project/)
- [Media Release - World Elder Abuse Awareness Day](https://www.bcli.org/publication/media-release-world-elder-abuse-awareness-day/)
- [Making Investment Decisions with Support: Rights and Strategies - Facilitator's Checklist](https://www.bcli.org/publication/making-investment-decisions-with-support-rights-and-strategies-facilitators-checklist/) - This checklist is a companion piece to the PowerPoint presentation Making Investment Decisions with Support: Rights and Strategies. To access the presentation click here.
- [Helping Someone With Investment Decisions - A Resource for Family and Friends](https://www.bcli.org/publication/helping-someone-with-investment-decisions-a-resource-for-family-and-friends/)
- [Supporting Client Capacity for Investment Decision-Making: Promising Practices](https://www.bcli.org/publication/supporting-client-capacity-for-investment-decision-making-promising-practices/) - This checklist is a companion piece to the PowerPoint presentation Inclusive Investing - Respecting the Rights of Vulnerable Investors through Supported Decision-Making. To access the presentation click here.
- [Making Investment Decisions With Support - A Resource for People Living With Dementia](https://www.bcli.org/publication/making-investment-decisions-with-support-a-resource-for-people-living-with-dementia/)
- [Powerpoint Presentation for the Investment Sector: Respecting the Rights of Vulnerable Investors through Supported Decision-Making](https://www.bcli.org/publication/powerpoint-presentation-for-the-investment-sector-respecting-the-rights-of-vulnerable-investors-through-supported-decision-making/) - Professionals in the investment sector, this presentation is for you. We invite you to download this PowerPoint, use it and share it with your colleagues. Additional learning notes are included. You can also download the accompanying checklist Supporting Client Capacity for Investment Decision-Making: Promising Practices.
- [Backgrounder no. 4 – Summary of Report on Modernizing the Child, Family and Community Service Act](https://www.bcli.org/publication/backgrounder-no-4-summary-of-report-on-modernizing-the-child-family-and-community-service-act/)
- [Backgrounder no. 5 – Legislative Fact Sheet - Report on Modernizing the Child, Family and Community Service Act](https://www.bcli.org/publication/backgrounder-no-5-legislative-fact-sheet-report-on-modernizing-the-child-family-and-community-service-act/)
- [Backgrounder no. 6 – Summary of Study Paper on  Youth Aging into the Community](https://www.bcli.org/publication/backgrounder-no-6-summary-of-study-paper-on-youth-aging-into-the-community/)
- [92. Report on Modernizing the Child, Family and Community Service Act](https://www.bcli.org/publication/92-report-on-modernizing-the-child-family-and-community-service-act/)
- [New BCLI publications call for reforms to the child protection framework and review of legislation on youth aging into the community](https://www.bcli.org/publication/new-bcli-publications-call-for-reforms-to-the-child-protection-framework-and-review-of-legislation-on-youth-aging-into-the-community/)
- [Fall 2021 Scrivener Article featuring Jessica Fehrenbacher and Krista James](https://www.bcli.org/publication/fall-2021-scrivener-article-featuring-jessica-fehrenbacher-and-krista-james/)
- [Dementia Connections Article: Engaging People Living with Dementia in Decision-Making](https://www.bcli.org/publication/dementia-connections-article-engaging-people-living-with-dementia-in-decision-making/)
- [Engaging People Living with Dementia in Decision-Making Powerpoint](https://www.bcli.org/publication/engaging-people-living-with-dementia-in-decision-making-powerpoint/)
- [2021 City of Richmond Virtual Diversity Symposium PowerPoint](https://www.bcli.org/publication/2021-city-of-richmond-virtual-diversity-symposium/)
- [Powerpoint presentation for people who are receiving support - Making Investment Decisions with Support: Rights and Strategies](https://www.bcli.org/publication/powerpoint-presentation-for-people-receiving-support-making-investment-decisions-with-support-rights-and-strategies/) - If you are planning to introduce the concepts of supported decision-making as it relates to investing to your staff, clients and/or audience, this presentation is for you. We invite you to download this PowerPoint, use it and share it widely. Additional learning notes are included. You can also download the accompanying facilitator checklist Making
- [Mid-Term Evaluation Summary Report: Engaging People Living with Dementia in Decision-Making](https://www.bcli.org/publication/mid-term-evaluation-summary-report-engaging-people-living-with-dementia-in-decision-making/)
- [MEDIA RELEASE: BCLI Releases Study Paper on Public Hearings](https://www.bcli.org/publication/25053/)
- [BCLI & CCEL Issue Study Paper On Health Care Consent and Capacity Assessment Tribunals](https://www.bcli.org/publication/bcli-ccel-issue-study-paper-on-health-care-consent-and-capacity-assessment-tribunals/)
- [Backgrounder no. 7 – Quick Facts about the Modernizing the Child, Family and Community Service Act Project](https://www.bcli.org/publication/backgrounder-no-7-quick-facts-about-the-modernizing-the-child-family-and-community-service-act-project/)
- [Parentage Backgrounder no. 1—Introduction to the Parentage Law Reform Project](https://www.bcli.org/publication/parentage-backgrounder-no-1-introduction-to-the-parentage-law-reform-project/)
- [Parentage Backgrounder no. 2—Members of the Project Committee](https://www.bcli.org/publication/parentage-backgrounder-no-2-members-of-the-project-committee/)
- [Gender Diverse Legal Writing Guide - Glossary](https://www.bcli.org/publication/gender-diverse-legal-writing-guide-glossary/)
- [Gender Diverse Legal Writing Guide - Pocket Guide](https://www.bcli.org/publication/gender-diverse-legal-writing-guide-pocket-guide/)
- [93. Annual Report 2020 & 2021](https://www.bcli.org/publication/annual-report-2020-2021/)
- [13. Study Paper on Public Hearings: An Examination of Public Participation in the Adoption of Local Bylaws on Land Use and Planning](https://www.bcli.org/publication/13-study-paper-on-public-hearings/)
- [Backgrounder - Study Paper on Public Hearings: An Examination of Public Participation in the Adoption of Local Bylaws on Land Use and Planning](https://www.bcli.org/publication/backgrounder-study-paper-on-public-hearings-an-examination-of-public-participation-in-the-adoption-of-local-bylaws-on-land-use-and-plannin/)
- [1. Report on the Need for Uniform Jurisdiction and Choice of Law Rules in Domestic Property Proceedings](https://www.bcli.org/publication/1-report-need-uniform-jurisdiction-and-choice-law-rules-domestic-property-proceed/) - Keywords: conflict of laws, court jurisdiction, choice of law, courts & tribunals, family law, divorce and separation, domestic property, division of property, Uniform Law Conference of Canada The following report is available in Adobe Acrobat (PDF) format. Return to the Need for Uniform Jurisdiction and Choice of Law Rules in Domestic Property Proceedings project page.
- [Backgrounder - Undue Influence Recognition / Prevention Recommended Practices Guide Update Project](https://www.bcli.org/publication/23778/)
- [Backgrounder -  Health Care Consent and Capacity Assessment Tribunals Project – Seeking A Model For British Columbia](https://www.bcli.org/publication/backgrounder-health-care-consent-and-capacity-assessment-tribunals-project-seeking-a-model-for-british-columbia/)
- [Backgrounder - Report on Deeds and Seals](https://www.bcli.org/publication/backgrounder-report-on-deeds-and-seals/)
- [Backgrounder no. 2—Members of the Strata Property Law—Phase Two Project Committee](https://www.bcli.org/publication/backgrounder-no-2-members-of-the-strata-property-law-phase-two-project-committee-2/)
- [Commercial Tenancy Act Backgrounder No. 3 - Report on Proposals for a New Commercial Tenancy Act](https://www.bcli.org/publication/commercial-tenancy-act-backgrounder-no-3/) - This backgrounder is available in Adobe Acrobat (PDF) format.
- [Vanguard Findings Working Meeting Report](https://www.bcli.org/publication/vanguard-findings-working-meeting-report/) - This report, a summary of the Vanguard Findings Working Meeting held October 20th, 2009 at Simon Fraser University Harbour Centre in Vancouver and 617 Government Street in Victoria, is available in .PDF format.
- [136. Minor Report on Labour Regulation Act](https://www.bcli.org/publication/minor-report-labour-regulation-act/) - This minor report was first published as an appendix to Annual Report 1994/95 [LRC 142] and is currently available in Adobe Acrobat (PDF) format.
- [Report on Spousal Agreements](https://www.bcli.org/publication/report-spousal-agreements/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Shared Liability](https://www.bcli.org/publication/report-shared-liability/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Action per quod Servitium Amisit](https://www.bcli.org/publication/report-action-quod-servitium-amisit/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Court Order Interest Act](https://www.bcli.org/publication/report-court-order-interest-act/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Obsolete Remedies Against Estate Property: Estate Administration Act, Part 9](https://www.bcli.org/publication/report-obsolete-remedies-against-estate-property-estate-administration-act-part-9/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Buyers Lien: A New Consumer Remedy](https://www.bcli.org/publication/report-buyers-lien-new-consumer-remedy/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Fraudulent Conveyances and Preferences](https://www.bcli.org/publication/report-fraudulent-conveyances-and-preferences/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Set-Off](https://www.bcli.org/publication/report-set/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Land (Settled Estate) Act](https://www.bcli.org/publication/report-land-settled-estate-act/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Co-Ownership of Land](https://www.bcli.org/publication/report-co-ownership-land/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Response to Access to Justice: The Report of the Justice Reform Committee, 1988](https://www.bcli.org/publication/response-access-justice-report-justice-reform-committee-1988/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Wills and Changed Circumstances](https://www.bcli.org/publication/report-wills-and-changed-circumstances/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Floating Charges on Land](https://www.bcli.org/publication/report-floating-charges-land/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Severance of Unconstitutional Enactments](https://www.bcli.org/publication/report-severance-unconstitutional-enactments/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Vicarious Liability under the Motor Vehicle Act](https://www.bcli.org/publication/report-vicarious-liability-under-motor-vehicle-act/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Commercial Tenancy Act](https://www.bcli.org/publication/report-commercial-tenancy-act/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Notice Requirements In Proceedings Against Municipal Bodies](https://www.bcli.org/publication/report-notice-requirements-proceedings-against-municipal-bodies/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Enduring Power of Attorney: Fine-Tuning the Concept](https://www.bcli.org/publication/report-enduring-power-attorney-fine-tuning-concept/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Property Rights on Marriage Breakdown](https://www.bcli.org/publication/report-property-rights-marriage-breakdown/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Ultimate Limitation Period: Limitation Act, Section 8](https://www.bcli.org/publication/report-ultimate-limitation-period-limitation-act-section-8/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Priority of Builders Liens Under Bill 52](https://www.bcli.org/publication/report-priority-builders-liens-under-bill-52/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Affidavits: Alternatives to Oaths](https://www.bcli.org/publication/report-affidavits-alternatives-oaths/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Execution Against Securities](https://www.bcli.org/publication/report-execution-against-securities/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Enforcing Judgments from Outside the Province](https://www.bcli.org/publication/report-enforcing-judgments-outside-province/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Mortgages: Judicial Sales and Deficiency Claims](https://www.bcli.org/publication/report-mortgages-judicial-sales-and-deficiency-claims/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Apartment Corporations](https://www.bcli.org/publication/report-apartment-corporations/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Foreign Money Claims Act: Regulations](https://www.bcli.org/publication/report-foreign-money-claims-act-regulations/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Uniform Enforcement of Canadian Judgments Act](https://www.bcli.org/publication/report-uniform-enforcement-canadian-judgments-act/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Division of Pensions On Marriage Breakdown](https://www.bcli.org/publication/report-division-pensions-marriage-breakdown/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Insurance Act: Section 26 (1)](https://www.bcli.org/publication/report-insurance-act-section-26-1/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Supreme Court Rule 54: Reciprocally Enforceable Judgments](https://www.bcli.org/publication/report-supreme-court-rule-54-reciprocally-enforceable-judgments/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Wrongful Interference with Goods](https://www.bcli.org/publication/report-wrongful-interference-goods/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Non-Charitable Purpose Trusts](https://www.bcli.org/publication/report-non-charitable-purpose-trusts/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Informal Public Appeal Funds](https://www.bcli.org/publication/report-informal-public-appeal-funds/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Fixtures and the Personal Property Security Act](https://www.bcli.org/publication/report-fixtures-and-personal-property-security-act/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Apportionment of Costs and Contributory Negligence: Section 3 of the Negligence Act](https://www.bcli.org/publication/report-apportionment-costs-and-contributory-negligence-section-3-negligence-act/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Standardized Assumptions for Calculating Income Tax Gross-Up and Management Fees in Assessing Damages](https://www.bcli.org/publication/report-standardized-assumptions-calculating-income-tax/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Taxation and the Assessment of Income-Related Damage Awards](https://www.bcli.org/publication/report-taxation-and-assessment-income-related-damage-awards/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Woodworker Lien Act](https://www.bcli.org/publication/report-woodworker-lien-act/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Recreational Injuries: Liability and Waivers in Commercial Leisure Activities](https://www.bcli.org/publication/report-recreational-injuries-liability-and-waivers-commercial-leisure-activities/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Tugboat Worker Lien Act](https://www.bcli.org/publication/report-tugboat-worker-lien-act/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Pecuniary Loss and the Family Compensation Act](https://www.bcli.org/publication/report-pecuniary-loss-and-family-compensation-act/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Costs of Accused on Acquittal](https://www.bcli.org/publication/report-costs-accused-acquittal/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Procedure Before Statutory Agencies](https://www.bcli.org/publication/report-procedure-statutory-agencies/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on A Procedure for Judicial Review of the Actions of Statutory Agencies](https://www.bcli.org/publication/report-procedure-judicial-review-actions-statutory-agencies/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Costs of Successful Unassisted Lay Litigants](https://www.bcli.org/publication/report-costs-successful-unassisted-lay-litigants/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Termination of Agencies](https://www.bcli.org/publication/report-termination-agencies/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Powers of Attorney and Mental Incapacity](https://www.bcli.org/publication/report-powers-attorney-and-mental-incapacity/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Personal Property Security](https://www.bcli.org/publication/report-personal-property-security/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Security Interests in Real Property: Remedies on Default](https://www.bcli.org/publication/report-security-interests-real-property-remedies-default/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Minors Contracts](https://www.bcli.org/publication/report-minors-contracts/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Extra-Judicial Use of Sworn Statements](https://www.bcli.org/publication/report-extra-judicial-use-sworn/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Rule in Bain v. Fothergill](https://www.bcli.org/publication/report-rule-bain-v-fothergill/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Rule in Hollington v. Hewthorn](https://www.bcli.org/publication/report-rule-hollington-v-hewthorn/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Waiver of Conditions Precedent in Contracts](https://www.bcli.org/publication/report-waiver-conditions-precedent-contracts/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Proof of Marriage in Civil Proceedings](https://www.bcli.org/publication/report-proof-marriage-civil-proceedings/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Statute of Frauds](https://www.bcli.org/publication/report-statute-frauds/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Tort Liability of Public Bodies](https://www.bcli.org/publication/report-tort-liability-public-bodies/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Offences Against the Person Act, 1828, Section 28](https://www.bcli.org/publication/report-offences-against-person-act-1828-section-28/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Absconding Debtors Act and Bail Act: Two Obsolete Acts](https://www.bcli.org/publication/report-absconding-debtors-act-and-bail-act-two-obsolete-acts/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Replevin Act](https://www.bcli.org/publication/report-replevin-act/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Attachment of Debts Act](https://www.bcli.org/publication/report-attachment-debts-act/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Execution Against Land](https://www.bcli.org/publication/report-execution-against-land/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Creditors Relief Legislation: A New Approach](https://www.bcli.org/publication/report-creditors-relief-legislation-new-approach/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Guarantees of Consumer Debts](https://www.bcli.org/publication/report-guarantees-consumer-debts/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Parol Evidence Rule](https://www.bcli.org/publication/report-parol-evidence-rule/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Civil Litigation in the Public Interest](https://www.bcli.org/publication/report-civil-litigation-public-interest/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Calculation of Interest on Foreclosure](https://www.bcli.org/publication/report-calculation-interest-foreclosure/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on the Recovery of Unauthorized Disbursements of Public Funds](https://www.bcli.org/publication/report-recovery-unauthorized-disbursements-public-funds/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Cable Television and Defamation](https://www.bcli.org/publication/report-cable-television-and-defamation/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Bulk Sales Legislation](https://www.bcli.org/publication/report-bulk-sales-legislation/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Intentional Interference with Domestic Relations](https://www.bcli.org/publication/report-intentional-interference-domestic-relations/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Illegal Transactions](https://www.bcli.org/publication/report-illegal-transactions/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Statutory Succession Rights](https://www.bcli.org/publication/report-statutory-succession-rights/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Mortgages of Land: The Priority of Further Advances](https://www.bcli.org/publication/report-mortgages-land-priority-further-advances/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Land-Related Interests and the Personal Property Security Act](https://www.bcli.org/publication/report-land-related-interests-and-personal-property-security-act/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [The 51st State - The "State of Denial": A Comparative Exploration of Penal Statutory Responses to Criminal "Elder Abuse"](https://www.bcli.org/publication/51st-state-state-denial-comparative-exploration-penal-statutory-responses-criminal/) - Full Title: The 51st State - The "State of Denial": A Comparative Exploration of Penal Statutory Responses to Criminal "Elder Abuse" in Canada and the United States Authors: Laura Watts and Leah Sandhu This article was published initially in the University of Illinois Elder Law Journal.
- [Powers of Attorney: Moving Toward Best Practices in Canada](https://www.bcli.org/publication/powers-attorney-moving-toward-best-practices-canada-2/) - This paper was prepared by Laura Watts (national director, Canadian Centre for Elder Law) and Kevin Zakreski (staff lawyer, British Columbia Law Institute) and was presented at the 2006 Canadian Legal Conference and Expo. It discusses a number of practical issues for lawyers advising clients who are interested in creating an enduring power of attorney and includes a comparative chart
- [Powers of Attorney: Moving Toward Best Practices in Canada](https://www.bcli.org/publication/powers-attorney-moving-toward-best-practices-canada/) - This paper was prepared by Laura Watts (national director, Canadian Centre for Elder Law) and Kevin Zakreski (staff lawyer, British Columbia Law Institute) and was presented at the 2006 Canadian Legal Conference and Expo. It discusses a number of practical issues for lawyers advising clients who are interested in creating an enduring power of attorney
- [Consultation: Results of the Family Caregiving survey](https://www.bcli.org/publication/consultation-results-family-caregiving-survey/) - The BC Family Caregiver Survey is now complete.
- [21. Health Care Decisions and End-of-Life Issues](https://www.bcli.org/publication/21-health-care-decisions-and-end-life-issues/) - This report is available in Adobe Acrobat (PDF) format. Return to the Heatlh Care Decisions and End-of-Life Issues project page.
- [18. Private Care Agreements Between Older Adults and Friends or Family Members](https://www.bcli.org/publication/18-private-care-agreements-between-older-adults-and-friends-or-family-members/) - This report is available in Adobe Acrobat (PDF) format. Return to the Private Care Agreements Between Older Adults and Friends or Family Members project page.
- [16. Total Return Investing by Trustees](https://www.bcli.org/publication/16-total-return-investing-trustees/) - This report is available in Adobe Acrobat (PDF) format. Return to the Total Return Investing by Trustees project page.
- [53. 2007-2008 Annual Report](https://www.bcli.org/publication/53-2007-2008-annual-report/) - The British Columbia Law Institute's 2007-2008 Annual Report is available in Adobe Acrobat (PDF) format. To view previous Annual Reports, click here.
- [Personal Liability Under a Mortgage or Agreement for Sale](https://www.bcli.org/publication/personal-liability-under-mortgage-or-agreement-sale/) - This backgrounder is available in Adobe Acrobat (PDF) format.
- [The Domicile of a Minor](https://www.bcli.org/publication/domicile-minor/) - This backgrounder is available in Adobe Acrobat (PDF) format.
- [Compensation for Non-Pecuniary Loss](https://www.bcli.org/publication/compensation-non-pecuniary-loss/) - This backgrounder is available in Adobe Acrobat (PDF) format.
- [Review of Civil Jury Awards](https://www.bcli.org/publication/review-civil-jury-awards/) - This backgrounder is available in Adobe Acrobat (PDF) format.
- [Covenants in Restraint of Trade, Report on](https://www.bcli.org/publication/covenants-restraint-trade-report/) - This backgrounder is available in Adobe Acrobat (PDF) format.
- [The Jurisdiction of Local Judges: Stays of Execution and Instalment Orders](https://www.bcli.org/publication/jurisdiction-local-judges-stays-execution-and-instalment-orders/) - This backgrounder is available in Adobe Acrobat (PDF) format.
- [The Land (Wife Protection) Act](https://www.bcli.org/publication/land-wife-protection-act/) - This backgrounder is available in Adobe Acrobat (PDF) format.
- [Competing Rights to Mingled Property: Tracing and the Rule in Claytons Case](https://www.bcli.org/publication/competing-rights-mingled-property-tracing-and-rule-claytons-case/) - This backgrounder is available in Adobe Acrobat (PDF) format.
- [Foreign Money Liabilities](https://www.bcli.org/publication/foreign-money-liabilities/) - This backgrounder is available in Adobe Acrobat (PDF) format.
- [Breach of Promise of Marriage](https://www.bcli.org/publication/breach-promise-marriage/) - This backgrounder is available in Adobe Acrobat (PDF) format.
- [Peremptory Challenges in Civil Jury Trials (1983)](https://www.bcli.org/publication/peremptory-challenges-civil-jury-trials-1983/) - This backgrounder is available in Adobe Acrobat (PDF) format.
- [Interspousal Immunity in Tort](https://www.bcli.org/publication/interspousal-immunity-tort/) - This backgrounder is available in Adobe Acrobat (PDF) format.
- [Benefits Conferred Under a Mistake of Law](https://www.bcli.org/publication/benefits-conferred-under-mistake-law/) - This backgrounder is available in Adobe Acrobat (PDF) format.
- [Interest and Jurisdictional Limits in the County and Provincial Courts](https://www.bcli.org/publication/interest-and-jurisdictional-limits-county-and-provincial-courts/) - This backgrounder is available in Adobe Acrobat (PDF) format.
- [Interpretation of Wills](https://www.bcli.org/publication/interpretation-wills/) - This backgrounder is available in Adobe Acrobat (PDF) format.
- [The Crown as Creditor: Priorities and Privileges](https://www.bcli.org/publication/crown-creditor-priorities-and-privileges/) - This backgrounder is available in Adobe Acrobat (PDF) format.
- [Presumptions of Survivorship](https://www.bcli.org/publication/presumptions-survivorship/) - This backgrounder is available in Adobe Acrobat (PDF) format.
- [Provincial Strategy Document: Vulnerable Adults and Capability Issues in BC](https://www.bcli.org/publication/provincial-strategy-document-vulnerable-adults-and-capability-issues-bc/) - This report was prepared by the BC Adult Abuse / Neglect Prevention Collaborative and is available in Adobe Acrobat (PDF) format.
- [Backgrounder: The Vanguard Project - Vulnerability and Capacity Issues in British Columbia](https://www.bcli.org/publication/backgrounder-vanguard-project-vulnerability-and-capacity-issues-british-columbia/) - This backgrounder is available in Adobe Acrobat (PDF) format.
- [37. Report on the Uniform Civil Enforcement of Money Judgments Act](https://www.bcli.org/publication/37-report-uniform-civil-enforcement-money-judgments-act/) - This report is available in Adobe Acrobat (PDF) format.
- [13. Landlord and Tenant - Residental Tenancies](https://www.bcli.org/publication/13-landlord-and-tenant-residental-tenancies-0/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [16. Costs of Accused on Acquittal](https://www.bcli.org/publication/16-costs-accused-acquittal-0/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [12. Pre-Judgment Interest](https://www.bcli.org/publication/12-pre-judgment-interest-0/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [11. Interim Report on Evidence](https://www.bcli.org/publication/11-interim-report-evidence-0/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [9. Legal Position of the Crown](https://www.bcli.org/publication/9-legal-position-crown-0/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [8. Deficiency Claims and Repossessions](https://www.bcli.org/publication/8-deficiency-claims-and-repossessions-0/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [7. Mechanics Lien Act](https://www.bcli.org/publication/7-mechanics-lien-act-0/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [5. Expropriation](https://www.bcli.org/publication/5-expropriation-0/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [4. Debt Collection and Collection Agents](https://www.bcli.org/publication/4-debt-collection-and-collection-agents-0/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [3. Report on the Need for Frustrated Contracts Legislation in British Columbia](https://www.bcli.org/publication/3-report-need-frustrated-contracts-legislation-british-columbia-0/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [1. Limitations - Abolition of Prescription](https://www.bcli.org/publication/1-limitations-abolition-prescription-0/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [15. Report on Limitations - Part II General](https://www.bcli.org/publication/15-report-limitations-part-ii-general/) - This report is available in Adobe Acrobat (PDF) format.
- [Arbitration](https://www.bcli.org/publication/arbitration/) - This backgrounder is available in Adobe Acrobat (PDF) format.
- [Distress for Rent](https://www.bcli.org/publication/distress-rent/) - This backgrounder is available in Adobe Acrobat (.PDF) format.
- [The Making and Revocation of Wills](https://www.bcli.org/publication/making-and-revocation-wills/) - This backgrounder is available in Adobe Acrobat (.PDF) format.
- [Family Caregiving](https://www.bcli.org/publication/family-caregiving-2/) - This document is available in Adobe Acrobat (.PDF) format.
- [Family Caregiving](https://www.bcli.org/publication/family-caregiving/) - This document is available in Adobe Acrobat (.PDF) format.
- [Legal Definitions of Elder Abuse and Neglect](https://www.bcli.org/publication/legal-definitions-elder-abuse-and-neglect/) - This document is available in Adobe Acrobat (.PDF) format.
- [ULCC Uniform Unincorporated Nonprofit Associations Act](https://www.bcli.org/publication/ulcc-uniform-unincorporated-nonprofit-associations-act-0/) - This document is available in both French and English and is provided in Adobe Acrobat (PDF) format.
- [ULCC Amendments to the Civil Code of Quebec](https://www.bcli.org/publication/ulcc-amendments-civil-code-quebec/) - This document is available in both French and English and is provided in Adobe Acrobat (PDF) format.
- [Assisted Living Charts by Province](https://www.bcli.org/publication/assisted-living-charts-province-2/) - The following charts are available in Adobe Acrobat (PDF) format.
- [Assisted Living Charts by Province](https://www.bcli.org/publication/assisted-living-charts-province/) - The following charts are available in Adobe Acrobat (PDF) format.
- [Consultation Paper on Reverse Mortgages](https://www.bcli.org/publication/consultation-paper-reverse-mortgages-2/) - This file is available in Adobe Acrobat (.PDF) format.
- [Consultation Paper on Reverse Mortgages](https://www.bcli.org/publication/consultation-paper-reverse-mortgages/) - This file is available in Adobe Acrobat (.PDF) format.
- [52. Report on Relief Under Legally Defective Contracts](https://www.bcli.org/publication/52-report-relief-under-legally-defective-contracts/) - The following report is available in Adobe Acrobat (PDF) format.
- [17. Exculpation Clauses in Trust Instruments](https://www.bcli.org/publication/17-exculpation-clauses-trust-instruments/) - This report is available in Adobe Acrobat (PDF) format. Return to the Exculpation Clauses in Trust Instruments project page.
- [Media Release: CCEL Releases Inaugural Issue of Canadian Journal of Elder Law](https://www.bcli.org/publication/media-release-ccel-releases-inaugural-issue-canadian-journal-elder-law/) - The Canadian Centre for Elder Law has released the inaugural issue of the Canadian Journal of Elder Law. For more information, e-mail us at cjel@bcli.org.
- [Defamation](https://www.bcli.org/publication/defamation/) - Keywords: defamation; libel; slander; media; fair comment; apology; malice; retraction; amends; fact; truth; privilege; reputation; tort; procedure; Cherneskey v. Armadale Publishers; limitation period; group; absolute; qualified; Libel and Slander Act; damages
- [Performance Under Protest](https://www.bcli.org/publication/performance-under-protest/) - Keywords: performance; protest; contract; compensation; construction; acquiescence; dispute; interpretation; unilateral; tender; waiver; claim; Peter Kiewit Sons Co. of Canada v. Eakins Construction Ltd.; breach; damages; quantum meruit
- [The Authority of a Guardian](https://www.bcli.org/publication/authority-guardian/) - Keywords: authority; guardianship; custody; parent; estate; child; trustee; minor; mother; father; property; capacity; damages
- [Report on Settlement Offers](https://www.bcli.org/publication/report-settlement-offers/) - The following backgrounder is available in Adobe Acrobat (PDF) format. Keywords: settlement; offer; payment into court; tender; compromise; costs; litigation; negotiation; tender of amends; reasonable; notice; prejudgment; pre-judgment; interest; claim; lump sum; damages; contributory negligence; liability
- [Study Paper on A Comparative Analysis of Adult Guardianship Laws in BC](https://www.bcli.org/publication/study-paper-comparative-analysis-adult-guardianship-laws-bc-2/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Study Paper on A Comparative Analysis of Adult Guardianship Laws in BC](https://www.bcli.org/publication/study-paper-comparative-analysis-adult-guardianship-laws-bc/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Wills, Estates and Succession](https://www.bcli.org/publication/report-wills-estates-and-succession/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Backgrounder: Study Paper on Viatical Settlements](https://www.bcli.org/publication/study-paper-viatical-settlements-2/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Reverse Mortgages](https://www.bcli.org/publication/report-reverse-mortgages-0/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Reverse Mortgages](https://www.bcli.org/publication/report-reverse-mortgages/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Leases of Unsubdivided Land and the Top Line Case](https://www.bcli.org/publication/report-leases-unsubdivided-land-and-top-line-case/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Uniform Civil Enforcement of Money Judgments Act](https://www.bcli.org/publication/report-uniform-civil-enforcement-money-judgments-act/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Recognition of Adult Guardianship Orders from Outside the Province](https://www.bcli.org/publication/report-recognition-adult-guardianship-orders-outside-province/) - The following backgrounder is available in Adobe Acrobat (PDF) format. Return to The Recognition of Adult Guardianship Orders from Outside the Province project page.
- [Report on Spoliation of Evidence](https://www.bcli.org/publication/report-spoliation-evidence/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [A Modern Trustee Act for British Columbia](https://www.bcli.org/publication/modern-trustee-act-british-columbia/) - The following backgrounder is available in Adobe Acrobat (PDF) format. Return to the A Modern Trustee Act for British Columbia project page.
- [Financial Arrangements Between Older Adults and Family Members: Loans and Guarantees](https://www.bcli.org/publication/financial-arrangements-between-older-adults-and-family-members-loans-and-guarante/) - The following backgrounder is available in Adobe Acrobat (PDF) format. Return to the Financial Arrangements Between Older Adults and Family Members: Loans and Guarantees project page.
- [Pension Division: Form 6 - Notice of Receipt (No Longer Enforceable)](https://www.bcli.org/publication/pension-division-form-6-notice-receipt/) - This form is a historical document provided for research purposes only. It is out of date and cannot be used for court applications.
- [Pension Division: Form 5 -  Request in relation to a Matured Pension Divided under an  Agreement or Court Order Made Before July (No Longer Enforceable)](https://www.bcli.org/publication/pension-division-form-5/) - This form is a historical document provided for research purposes only. It is out of date and cannot be used for court applications.
- [Pension Division: Form 4 - Request by Limited Member for Transfer or  Pension (No Longer Enforceable)](https://www.bcli.org/publication/pension-division-form-4-request-limited-member-transfer-or-pension/) - This form is a historical document provided for research purposes only. It is out of date and cannot be used for court applications.
- [Pension Division: Form 3 - Request for Transfer from Unmatured  Defined Contribution Plan (No Longer Enforceable)](https://www.bcli.org/publication/pension-division-form-3-request-transfer-unmatured-defined-contribution-plan/) - This form is a historical document provided for research purposes only. It is out of date and cannot be used for court applications.
- [Pension Division: Form 2 - Request for Designation as Limited Member of  Pension Plan (No Longer Enforceable)](https://www.bcli.org/publication/pension-division-form-2-request-designation-limited-member-pension-plan/) - This form is a historical document provided for research purposes only. It is out of date and cannot be used for court applications.
- [Pension Division: Form 1 - Claim of Spouse to Interest in Members Pension (No Longer Enforceable)](https://www.bcli.org/publication/pension-division-form-1-claim-spouse-interest-members-pension/) - This form is a historical document provided for research purposes only. It is out of date and cannot be used for court applications.
- [Report on Reverse Mortgages](https://www.bcli.org/publication/2-report-reverse-mortgages/) - The following report is available in Adobe Acrobat (PDF) format.
- [Media Release: BCLI Launches New Website](https://www.bcli.org/publication/media-release-bcli-launches-new-website/) - The British Columbia Law Institute has launched its new website. If you have comments about the website, please e-mail the webmaster at webmaster@bcli.org.
- [Commercial Tenancy Act Backgrounder No. 2 - Consultation Paper on Proposals for a New Commerical Tenancy Act](https://www.bcli.org/publication/commercial-tenancy-act-backgrounder-no-2-consultation-paper-proposals-new-commeri/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Consultation Paper on Proposals for a new Commercial Tenancy Act](https://www.bcli.org/publication/17-consultation-paper-proposals-new-commercial-tenancy-act/) - The following consultative documents available in a combination of Adobe Acrobat (PDF) and Microsoft Word (DOC) formats. The package includes a consultation paper and a response form.
- [49. Report on the Privacy Act of British Columbia](https://www.bcli.org/publication/49-report-privacy-act-british-columbia/) - The following report is available in Adobe Acrobat (PDF) format.
- [Appointing a Guardian and Standby Guardianship](https://www.bcli.org/publication/appointing-guardian-and-standby-guardianship/) - The following backgrounder is available in Adobe Acrobat (PDF) format. Return to the Appointing a Guardian and Standby Guardianship project page.
- [Builders Liens After the Shimco Case](https://www.bcli.org/publication/builders-liens-after-shimco-case/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Post-Accident Remedial Measures](https://www.bcli.org/publication/post-accident-remedial-measures/) - The following backgrounder is available in Adobe Acrobat (PDF) format. Return to the Post-Accident Remedial Measures project page.
- [A Legal Framework for Informal Public Appeal Funds](https://www.bcli.org/publication/legal-framework-informal-public-appeal-funds/) - Keywords: trusts and trustees, volunteers, charity, legal needs & innovative solutions The following backgrounder is available in Adobe Acrobat (PDF) format. Return to the Legal Framework for Informal Public Appeal Funds project page.
- [Summer Snapshot 2008](https://www.bcli.org/publication/summer-snapshot-2008/) - The Summer Snapshot provides a mid-year update on the British Columbia Law Institute (BCLI), the Canadian Centre for Elder Law (CCEL) and the International Law Reform Group (ILRG). This is the second Summer Snapshot and combines with the BCLI Annual Report released in the first calendar quarter.
- [50. 2006-2007 Annual Report](https://www.bcli.org/publication/50-2006-2007-annual-report/) - The British Columbia Law Institute's 2006-2007 Annual Report is available in Adobe Acrobat (PDF) format. To view previous Annual Reports, click here.
- [46. A Comparative Analysis of Adult Guardianship Laws in BC, New Zealand and Ontario](https://www.bcli.org/publication/46-comparative-analysis-adult-guardianship-laws-bc-new-zealand-and-ontario/) - The following report is available in Adobe Acrobat (PDF) format.
- [Unnecessary Requirements for Sworn Statements](https://www.bcli.org/publication/unnecessary-requirements-sworn-statements/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [101. Response to Access to Justice: The Report of the Justice Reform Committee, 1988](https://www.bcli.org/publication/101-response-access-justice-report-justice-reform-committee-1988/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [102. Report on Wills and Changed Circumstances](https://www.bcli.org/publication/102-report-wills-and-changed-circumstances/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [103. Report on Floating Charges on Land](https://www.bcli.org/publication/103-report-floating-charges-land/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [106. Report on Vicarious Liability Under the Motor Vehicle Act](https://www.bcli.org/publication/vicarious-liability-under-motor-vehicle-act/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [107. Report on Loss Appraisal Under the Insurance Act](https://www.bcli.org/publication/107-report-loss-appraisal-under-insurance-act/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [108. Report on The Commercial Tenancy Act](https://www.bcli.org/publication/108-report-commercial-tenancy-act/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [109. Report on Notice Requirements in Proceedings Against Municipal Bodies](https://www.bcli.org/publication/109-report-notice-requirements-proceedings-against-municipal-bodies/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [110. Report on The Enduring Power of Attorney: Fine-tuning the Concept](https://www.bcli.org/publication/110-report-enduring-power-attorney-fine-tuning-concept/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [111. Report on Property Rights on Marriage Breakdown](https://www.bcli.org/publication/111-report-property-rights-marriage-breakdown/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [112. Report on The Ultimate Limitation Period: Limitation Act, Section 8](https://www.bcli.org/publication/112-report-ultimate-limitation-period-limitation-act-section-8/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [114. Minor Report on Priority of Builders Liens Under Bill 52](https://www.bcli.org/publication/114-minor-report-priority-builders-liens-under-bill-52/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [115. Report on Affidavits: Alternatives to Oaths](https://www.bcli.org/publication/115-report-affidavits-alternatives-oaths/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [116. Report on Execution Against Securities](https://www.bcli.org/publication/116-report-execution-against-securities/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [117. Interim Report on Enforcing Judgments from Outside the Province](https://www.bcli.org/publication/117-interim-report-enforcing-judgments-outside-province/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [118. Report on Mortgages: Judicial Sales and Deficiency Claims](https://www.bcli.org/publication/118-report-mortgages-judicial-sales-and-deficiency-claims/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [120. Apartment Corporations (Minor Report)](https://www.bcli.org/publication/120-apartment-corporations-minor-report/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [121. Foreign Money Claims Act: Regulations (Minor Report)](https://www.bcli.org/publication/121-foreign-money-claims-act-regulations-minor-report/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [122. The Uniform Enforcement of Canadian Judgments Act](https://www.bcli.org/publication/122-uniform-enforcement-canadian-judgments-act/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [123. Division of Pensions on Marriage Breakdown](https://www.bcli.org/publication/123-division-pensions-marriage-breakdown/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [125. Insurance Act, Section 26(1) (Minor Report)](https://www.bcli.org/publication/125-insurance-act-section-261-minor-report/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [126. Supreme Court Rule 54: Reciprocally Enforceable Judgments (Minor Report)](https://www.bcli.org/publication/126-supreme-court-rule-54-reciprocally-enforceable-judgments-minor-report/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [127. Report on Wrongful Interference with Goods](https://www.bcli.org/publication/127-report-wrongful-interference-goods/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [128. Report on Non-Charitable Purpose Trusts](https://www.bcli.org/publication/128-report-non-charitable-purpose-trusts/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [129. Informal Public Appeal Funds](https://www.bcli.org/publication/129-informal-public-appeal-funds/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [130. Fixtures and the Personal Property Security Act](https://www.bcli.org/publication/130-fixtures-and-personal-property-security-act/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [131. Report on Apportionment of Costs and Contributory Negligence: Section 3 of the Negligence Act](https://www.bcli.org/publication/131-report-apportionment-costs-and-contributory-negligence-section-3-negligence-a/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [133. Report on Standardized Assumptions for Calculating Income Tax Gross-up and Management Fees in Assessing Damage](https://www.bcli.org/publication/133-report-standardized-assumptions-calculating-income-tax-gross-and-management-f/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [134. Minor Report on Taxation and the Assessment of Income-Related Damage Awards](https://www.bcli.org/publication/134-minor-report-taxation-and-assessment-income-related-damage-awards/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [137. Report on the Woodworker Lien Act](https://www.bcli.org/publication/137-report-woodworker-lien-act/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [138. Report on the Tugboat Worker Lien Act](https://www.bcli.org/publication/138-report-tugboat-worker-lien-act/) - The report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [139. Report on Pecuniary Loss and the Family Compensation Act](https://www.bcli.org/publication/139-report-pecuniary-loss-and-family-compensation-act/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [140. Report on Recreational Injuries: Liability and Waivers in Commercial Leisure Activities](https://www.bcli.org/publication/140-report-recreational-injuries-liability-and-waivers-commercial-leisure-activit/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [143. Report on Land-Related Interests and the Personal Property Security Act](https://www.bcli.org/publication/143-report-land-related-interests-and-personal-property-security-act/) - This report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [144. Report on Conflicts of Interest: Directors and Societies](https://www.bcli.org/publication/144-report-conflicts-interest-directors-and-societies/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format and comes in two volumes: Volume 1 and Volume 2 Back to the project page.
- [54. Set-Off](https://www.bcli.org/publication/54-set/) - The following consultation paper was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [62. The Enduring Power of Attorney: Fine-Tuning the Concept](https://www.bcli.org/publication/62-enduring-power-attorney-fine-tuning-concept/) - The following consultation paper was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [66. Non-Charitable Purpose Trusts](https://www.bcli.org/publication/66-non-charitable-purpose-trusts/) - The following consultation paper was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [67. Wrongful Interference With Goods](https://www.bcli.org/publication/67-wrongful-interference-goods/) - The following consultation paper was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [68. Liens for Logging Work](https://www.bcli.org/publication/68-liens-logging-work/) - The following consultation paper was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [69. Pecuniary Loss and the Family Compensation Act](https://www.bcli.org/publication/69-pecuniary-loss-and-family-compensation-act/) - The following consultation paper was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [71. Conflicts of Interest: Directors and Societies](https://www.bcli.org/publication/71-conflicts-interest-directors-and-societies/) - The following consultation paper was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [72. Land-Related Interests and the Personal Property Security Act](https://www.bcli.org/publication/72-land-related-interests-and-personal-property-security-act/) - The following consultation paper was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [73. The Legal Consequences of a Temporary Land Title Office Shutdown](https://www.bcli.org/publication/73-legal-consequences-temporary-land-title-office-shutdown/) - The following consultation paper was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Back to the project page.
- [100. Report on Co-Ownership of Land](https://www.bcli.org/publication/100-report-co-ownership-land/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [99. Report on The Land (Settled Estate) Act](https://www.bcli.org/publication/99-report-land-settled-estate-act/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [98. Practice in Relation to the Cancellation of a Certificate of Lis Pendens](https://www.bcli.org/publication/98-practice-relation-cancellation-certificate-lis-pendens/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [97. Report on Set-Off](https://www.bcli.org/publication/97-report-set/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [96. Report on Deeds and Seals](https://www.bcli.org/publication/96-report-deeds-and-seals/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [94. Report on Fraudulent Conveyances and Preferences](https://www.bcli.org/publication/94-report-fraudulent-conveyances-and-preferences/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [93. Report on the Buyers Lien: A New Consumer Remedy](https://www.bcli.org/publication/93-report-buyers-lien-new-consumer-remedy/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [91. Report on Obsolete Remedies Against Estate Property: Estate Administration Act, Part 9](https://www.bcli.org/publication/91-report-obsolete-remedies-against-estate-property-estate-administration-act-par/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [89. Report on the Action Per Quod Servitium Amisit](https://www.bcli.org/publication/89-report-action-quod-servitium-amisit/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [88. Report on Shared Liability](https://www.bcli.org/publication/88-report-shared-liability/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [87. Report on Spousal Agreements](https://www.bcli.org/publication/87-report-spousal-agreements/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [85. Report on Mortgages of Land: The Priority of Further Advances](https://www.bcli.org/publication/85-report-mortgages-land-priority-further-advances/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [84. Personal Liability Under a Mortgage or Agreement for Sale](https://www.bcli.org/publication/84-personal-liability-under-mortgage-or-agreement-sale/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [83. Defamation](https://www.bcli.org/publication/83-defamation/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Keywords: defamation; libel; slander; media; fair comment; apology; malice; retraction; amends; fact; truth; privilege; reputation; tort; procedure; Cherneskey v. Armadale Publishers; limitation period; group; absolute; qualified; Libel and Slander Act; damages
- [82. The Domicile of a Minor](https://www.bcli.org/publication/82-domicile-minor/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [81. Report on Performance Under Protest](https://www.bcli.org/publication/81-report-performance-under-protest/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Keywords: performance; protest; contract; compensation; construction; acquiescence; dispute; interpretation; unilateral; tender; waiver; claim; Peter Kiewit Sons Co. of Canada v. Eakins Construction Ltd.; breach; damages; quantum meruit
- [79. A Short Form General Power of Attorney](https://www.bcli.org/publication/79-short-form-general-power-attorney/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [78. Report on the Authority of a Guardian](https://www.bcli.org/publication/78-report-authority-guardian/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Keywords: authority; guardianship; custody; parent; estate; child; trustee; minor; mother; father; property; capacity; damages
- [77. Report on Settlement Offers](https://www.bcli.org/publication/77-report-settlement-offers/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format. Keywords: settlement; offer; payment into court; tender; compromise; costs; litigation; negotiation; tender of amends; reasonable; notice; prejudgment; pre-judgment; interest; claim; lump sum; damages; contributory negligence; liability
- [76. Report on Compensation for Non-Pecuniary Loss](https://www.bcli.org/publication/76-report-compensation-non-pecuniary-loss/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [75. Report on Review of Civil Jury Awards](https://www.bcli.org/publication/75-report-review-civil-jury-awards/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [74. Report on Covenants in Restraint of Trade](https://www.bcli.org/publication/74-report-covenants-restraint-trade/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [72. The Jurisdiction of Local Judges: Stays of Execution and Instalment](https://www.bcli.org/publication/72-jurisdiction-local-judges-stays-execution-and-instalment/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [71. Minor Report on Land (Wife Protection) Act](https://www.bcli.org/publication/71-minor-report-land-wife-protection-act/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [70. Report on Statutory Succession Rights](https://www.bcli.org/publication/70-report-statutory-succession-rights/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [69. Report on Illegal Transactions](https://www.bcli.org/publication/69-report-illegal-transactions/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [68. Report on Intentional Interference with Domestic Relations](https://www.bcli.org/publication/68-report-intentional-interference-domestic-relations/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [67. Report on Bulk Sales Legislation](https://www.bcli.org/publication/67-report-bulk-sales-legislation/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [66. Report on Competing Rights to Mingled Property: Tracing and the Rule in Claytons Case](https://www.bcli.org/publication/66-report-competing-rights-mingled-property-tracing-and-rule-claytons-case/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [65. Report on Foreign Money Liabilities](https://www.bcli.org/publication/65-report-foreign-money-liabilities/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [64. Report on Breach of Promise of Marriage](https://www.bcli.org/publication/64-report-breach-promise-marriage/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [63. Report on Peremptory Challenges in Civil Jury Trails](https://www.bcli.org/publication/63-report-peremptory-challenges-civil-jury-trails/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [62. Interspousal Immunity in Tort](https://www.bcli.org/publication/62-interspousal-immunity-tort/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [61. Standing of a Common Law Spouse to Apply Under the Family Compensation Act](https://www.bcli.org/publication/61-standing-common-law-spouse-apply-under-family-compensation-act/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [59. Interest and Jurisdictional Limits in the County and Provincial Courts](https://www.bcli.org/publication/59-interest-and-jurisdictional-limits-county-and-provincial-courts/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [58. Report on Interpretation of Wills](https://www.bcli.org/publication/58-report-interpretation-wills/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [57. Report on the Crown as Creditor: Priorities and Privileges](https://www.bcli.org/publication/57-report-crown-creditor-priorities-and-privileges/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [56. Report on Presumptions of Survivorship](https://www.bcli.org/publication/56-report-presumptions-survivorship/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [55. Arbitration](https://www.bcli.org/publication/55-arbitration/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [53. Report on Distress for Rent](https://www.bcli.org/publication/53-report-distress-rent/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [52. Report on the Making and Revocation of Wills](https://www.bcli.org/publication/52-report-making-and-revocation-wills/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [51. Report on Benefits Conferred Under a Mistake of Law](https://www.bcli.org/publication/51-report-benefits-conferred-under-mistake-law/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [50. Report on Cable Television and Defamation](https://www.bcli.org/publication/50-report-cable-television-and-defamation/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [49a. Minor Report on Discount Rates](https://www.bcli.org/publication/49a-minor-report-discount-rates/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [48. Report on The Recovery of Unauthorized Disbursements of Public Funds](https://www.bcli.org/publication/48-report-recovery-unauthorized-disbursements-public-funds/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [47. Report on The Calculation of Interest on Foreclosure](https://www.bcli.org/publication/47-report-calculation-interest-foreclosure/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [46. Report on Civil Litigation in the Public Interest](https://www.bcli.org/publication/46-report-civil-litigation-public-interest/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [44. Report on Parol Evidence Rule](https://www.bcli.org/publication/44-report-parol-evidence-rule/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [43. Report on Guarantees of Consumer Debts](https://www.bcli.org/publication/43-report-guarantees-consumer-debts/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [42. Report on Creditors Relief Legislation: A New Approach](https://www.bcli.org/publication/42-report-creditors-relief-legislation-new-approach/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [40. Report on Execution Against Land](https://www.bcli.org/publication/40-report-execution-against-land/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [39. Report on Attachment of Debts Act](https://www.bcli.org/publication/39-report-attachment-debts-act/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [38. Report on the Replevin Act](https://www.bcli.org/publication/38-report-replevin-act/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [37. Report on The Absconding Debtors Act and Bail Act: Two Obsolete Acts](https://www.bcli.org/publication/37-report-absconding-debtors-act-and-bail-act-two-obsolete-acts/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [35. Report on Offences Against the Person Act, 1828, Section 28](https://www.bcli.org/publication/35-report-offences-against-person-act-1828-section-28/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [34. Tort Liability of Public Bodies](https://www.bcli.org/publication/34-tort-liability-public-bodies/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [33. Report on the Statute of Frauds](https://www.bcli.org/publication/33-report-statute-frauds/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [32. Report on Proof of Marriage in Civil Proceedings](https://www.bcli.org/publication/32-report-proof-marriage-civil-proceedings/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [31. Report on Waiver of Conditions Precedent in Contracts](https://www.bcli.org/publication/31-report-waiver-conditions-precedent-contracts/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [17. Procedure Before Statutory Bodies](https://www.bcli.org/publication/17-procedure-statutory-bodies/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [18. A Procedure for Judicial Review of the Actions of Statutory Bodies](https://www.bcli.org/publication/18-procedure-judicial-review-actions-statutory-bodies/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [20. Costs of Successful Unassisted Lay Litigants](https://www.bcli.org/publication/20-costs-successful-unassisted-lay-litigants/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [21. The Termination of Agencies](https://www.bcli.org/publication/21-termination-agencies/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [22. Powers of Attorney and Mental Incapacity](https://www.bcli.org/publication/22-powers-attorney-and-mental-incapacity/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [23. Personal Property Security](https://www.bcli.org/publication/23-personal-property-security/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [24. Report on Security Interests in Real Property: Remedies on Default](https://www.bcli.org/publication/24-report-security-interests-real-property-remedies-default/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [26. Report on Minors Contracts](https://www.bcli.org/publication/26-report-minors-contracts/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [27. Report on Extra-Judicial Use of Sworn Statements](https://www.bcli.org/publication/27-report-extra-judicial-use-sworn-statements/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [28. Report on The Rule in Bain v. Fothergill](https://www.bcli.org/publication/28-report-rule-bain-v-fothergill/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [30. Report on The Rule in Hollington v. Hewthorn](https://www.bcli.org/publication/30-report-rule-hollington-v-hewthorn/) - The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.
- [Predatory Lending Backgrounder No. 1 - Introduction to predatory lending issues in Canada](https://www.bcli.org/publication/predatory-lending-backgrounder-no-1-introduction-predatory-lending-issues-canada/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Consultation Paper on the Privacy Act of British Columbia](https://www.bcli.org/publication/15-consultation-paper-privacy-act-british-columbia/) - The following consultative documents available in Adobe Acrobat (PDF) format. The package includes a consultation paper and a response form.
- [Consultation Paper on Leases of Unsubdivided Land and the Top Line Case](https://www.bcli.org/publication/14-consultation-paper-leases-unsubdivided-land-and-top-line-case/) - The following consultative document is available in Adobe Acrobat (PDF) format.
- [Consultation Paper on Builders Liens After the Shimco Case](https://www.bcli.org/publication/11-consultation-paper-builders-liens-after-shimco-case/) - The following consultative document is available in Adobe Acrobat (PDF) format.
- [Consultation Paper on A Legal Framework for Informal Public Appeal Funds](https://www.bcli.org/publication/10-consultation-paper-legal-framework-informal-public-appeal-funds/) - Keywords: trusts and trustees, volunteers, charity, legal needs & innovative solutions The following consultative document is available in Adobe Acrobat (PDF) format. Return to the Legal Framework for Informal Public Appeal Funds project page.
- [Consultation Paper on the Variation and Termination of Trusts](https://www.bcli.org/publication/8-consultation-paper-variation-and-termination-trusts/) - Keywords: trusts and trustees, Trustee Act, variation and termination of trusts, Trust and Settlement Variation Act, wills, estates & life planning, disabilities, children & teens, charity, charitable gifts, taxes & finance, Trustee Act Modernization Committee The following consultative document is available in Adobe Acrobat (PDF) format. Return to the Variation and Termination of Trusts project
- [Consultation Paper on Exculpation Clauses in Trust Instruments](https://www.bcli.org/publication/6-consultation-paper-exculpation-clauses-trust-instruments/) - Keywords: trusts and trustees, Trustee Act, liability, exculpation clauses, trust instruments, wills, estates & life planning, immunity clauses, exoneration clauses, Trustee Act Modernization Committee The following consultative document is available in Microsoft Word (DOC) format. Return to the Exculpation Clauses in Trust Instruments project page.
- [Consultation Paper on Total Return Investing by Trustees](https://www.bcli.org/publication/5-consultation-paper-total-return-investing-trustees/) - Keywords: trusts and trustees, Trustee Act, total return investing, charities, charitable uses, trusts and foundations, wills, estates & life planning, portfolio theory, income, capital, Howe v. Lord Dartmouth, conflict of laws, Trustee Act Modernization Committee The following consultative document is available in Microsoft Word (DOC) format. Return to the Total Return Investing by Trustees project
- [Consultation Paper on Statutory Powers of Delegation by Trustees](https://www.bcli.org/publication/4-consultation-paper-statutory-powers-delegation-trustees/) - The following consultative document is available in Microsoft Word (DOC) format. Return to the Statutory Powers of Delegation by Trustees project page.
- [Working Paper on Civil Remedies for Sexual Assault](https://www.bcli.org/publication/3-working-paper-civil-remedies-sexual-assault/) - The following consultative document is available in Microsoft Word (DOC) format. Return to the Civil Remedies for Sexual Assault project page.
- [47. A Report on Year Nine: 2005-2006 Annual Report](https://www.bcli.org/publication/47-report-year-nine-2005-2006-annual-report/) - The British Columbia Law Institute's 2005-2006 Annual Report is available in Adobe Acrobat (PDF) format. To view previous Annual Reports, click here.
- [41. Report on Reverse Mortgages](https://www.bcli.org/publication/41-report-reverse-mortgages/) - The following report is available in Adobe Acrobat (PDF) format.
- [39. A Report on Year Eight: 2004-2005 Annual Report](https://www.bcli.org/publication/39-report-year-eight-2004-2005-annual-report/) - The British Columbia Law Institute's 2004-2005 Annual Report is available in Adobe Acrobat (PDF) format. To view previous Annual Reports, click here.
- [38. Report on Leases of Unsubdivided Land and the Top Line Case](https://www.bcli.org/publication/38-report-leases-unsubdivided-land-and-top-line-case/) - The following report is available in Adobe Acrobat (PDF) format.
- [36. Report on the Recognition of Adult Guardianship Orders from Outside the Province](https://www.bcli.org/publication/36-report-recognition-adult-guardianship-orders-outside-province/) - The following report is available in Adobe Acrobat (PDF) format. Return to The Recognition of Adult Guardianship Orders from Outside the Province project page.
- [34. Report on Spoliation of Evidence](https://www.bcli.org/publication/34-report-spoliation-evidence/) - The following report is available in Adobe Acrobat (PDF) format. Return to the Spoliation of Evidence project page.
- [33. A Modern Trustee Act for British Columbia](https://www.bcli.org/publication/33-modern-trustee-act-british-columbia/) - The following report is available in Adobe Acrobat (PDF) format. Return to the A Modern Trustee Act for British Columbia project page.
- [32. Report on Financial Arrangements Between Older Adults and Family Members: Loans and Guarantees](https://www.bcli.org/publication/32-report-financial-arrangements-between-older-adults-and-family-members-loans-an/) - The following report is available in Adobe Acrobat (PDF) format. Return to the Financial Arrangements Between Older Adults and Family Members: Loans and Guarantees project page.
- [31. A Report on Year Seven (2003-04 Annual Report)](https://www.bcli.org/publication/31-report-year-seven-2003-04-annual-report/) - The British Columbia Law Institute's 2003-2004 Annual Report is available in Adobe Acrobat (PDF) format. To view previous Annual Reports, click here.
- [30. Report on Appointing a Guardian and Standby Guardianship](https://www.bcli.org/publication/30-report-appointing-guardian-and-standby-guardianship/) - The following report is available in Adobe Acrobat (PDF) format. Return to the Appointing a Guardian and Standby Guardianship project page.
- [29. Report on Builders Liens After the Shimco Case](https://www.bcli.org/publication/29-report-builders-liens-after-shimco-case/) - The following report is available in Adobe Acrobat (PDF) format.
- [28. Report on Post-Accident Remedial Measures](https://www.bcli.org/publication/28-report-post-accident-remedial-measures/) - The following report is available in Adobe Acrobat (PDF) format. Return to the Post-Accident Remedial Measures project page.
- [27. Report on the Builders Lien Act and the Pipeline Problem](https://www.bcli.org/publication/27-report-builders-lien-act-and-pipeline-problem/) - The following report is available in Adobe Acrobat (PDF) format. Keywords: builders liens, Builders Lien Act, business & non-profits, construction, resource law, oil and gas, pipeline problem, land, rights of landowner, housing, tenancy & neighbours
- [26. A Report on Year Six (2002-03 Annual Report)](https://www.bcli.org/publication/26-report-year-six-2002-03-annual-report/) - The British Columbia Law Institute's 2002-2003 Annual Report is available in Adobe Acrobat (PDF) format. To view previous Annual Reports, click here.
- [25. Report on the Variation and Termination of Trusts](https://www.bcli.org/publication/25-report-variation-and-termination-trusts/) - Keywords: trusts and trustees, Trustee Act, variation and termination of trusts, Trust and Settlement Variation Act, wills, estates & life planning, disabilities, children & teens, charity, charitable gifts, taxes & finance, Trustee Act Modernization Committee The following report is available in Adobe Acrobat (PDF) format. Return to the Variation and Termination of Trusts project page.
- [24. Creditor Access to the Assets of a Purpose Trust](https://www.bcli.org/publication/24-creditor-access-assets-purpose-trust/) - Keywords: trusts and trustees, Trustee Act, purpose, trust, charities, charitable organizations, volunteers, tort, liability, creditor access, debt, wills, estates & life planning, immunity from liability, Christian Brothers case, Trustee Act Modernization Committee The following report is available in Adobe Acrobat (PDF) format. Return to the Creditor Access to the Assets of a Purpose Trust project
- [23. Report on the Uniform Liens Act](https://www.bcli.org/publication/23-report-uniform-liens-act/) - The following report is available in Adobe Acrobat (PDF) format. Keywords: liens, legislation, Uniform Liens Act, Repairers Lien Act, Warehouse Lien Act, storage, storers, common carriers liens, Personal Property Security Act, business & non-profits, transportation, debt, consumer, Uniform Law Conference of Canada
- [22. Report on Builders Liens and Arbitration](https://www.bcli.org/publication/22-report-builders-liens-and-arbitration/) - The following report is available in Adobe Acrobat (PDF) format. Keywords: builders liens, legislation, Builders Lien Act, alternative dispute resolution (ADR), arbitration, Commercial Arbitration Act, housing, tenancy & neighbours, buying or selling a home, construction law, business & non-profits, construction, Uniform Law Conference of Canada
- [20. A Report on Year Five (2001-02 Annual Report)](https://www.bcli.org/publication/20-report-year-five-2001-02-annual-report/) - The British Columbia Law Institute's 2001-2002 Annual Report is available in Adobe Acrobat (PDF) format. To view previous Annual Reports, click here.
- [19. Report on The Ultimate Limitation Period: Updating the Limitation Act](https://www.bcli.org/publication/19-report-ultimate-limitation-period-updating-limitation-act/) - Keywords: civil litigation, limitation of actions, legislation, Limitation Act, ultimate limitation period, disabilities, children & teens, accidents & injuries, doctors, medical practitioners, insurance, remedies, torts, trusts, running of time, confirmation of cause of action The following report is available in Adobe Acrobat (PDF) format. Return to The Ultimate Limitation Period: Updating The Limitation Act project
- [Report on the Builders Lien Act and the Pipeline Problem](https://www.bcli.org/publication/report-builders-lien-act-and-the-pipeline-problem/) - The following backgrounder is available in Adobe Acrobat (PDF) format. Keywords: builders liens, Builders Lien Act, business & non-profits, construction, resource law, oil and gas, pipeline problem, land, rights of landowner, housing, tenancy & neighbours
- [Report on the Variation and Termination of Trusts](https://www.bcli.org/publication/report-variation-and-termination-trusts/) - Keywords: trusts and trustees, Trustee Act, variation and termination of trusts, Trust and Settlement Variation Act, wills, estates & life planning, disabilities, children & teens, charity, charitable gifts, taxes & finance, Trustee Act Modernization Committee The following backgrounder is available in Adobe Acrobat (PDF) format. Return to the Variation and Termination of Trusts project page.
- [Creditor Access to the Assets of a Purpose Trust](https://www.bcli.org/publication/creditor-access-assets-purpose-trust/) - Keywords: trusts and trustees, Trustee Act, purpose, trust, charities, charitable organizations, volunteers, tort, liability, creditor access, debt, wills, estates & life planning, immunity from liability, Christian Brothers case, Trustee Act Modernization Committee The following backgrounder is available in Adobe Acrobat (PDF) format. Return to the Creditor Access to the Assets of a Purpose Trust project
- [Report on the Uniform Liens Act](https://www.bcli.org/publication/report-uniform-liens-act/) - The following backgrounder is available in Adobe Acrobat (PDF) format. Keywords: liens, legislation, Uniform Liens Act, Repairers Lien Act, Warehouse Lien Act, storage, storers, common carriers liens, Personal Property Security Act, business & non-profits, transportation, debt, consumer, Uniform Law Conference of Canada
- [Report on Builders Liens and Arbitration](https://www.bcli.org/publication/report-builders-liens-and-arbitration/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Health Care Decisions and End-of-Life Issues: Terms of Reference for a Possible Project](https://www.bcli.org/publication/health-care-decisions-and-end-life-issues-terms-reference-possible-project/) - Keywords: health, patients' rights, informed consent, medical law, health care decisions, end of life, wills, estates & life planning, guardianship, power of attorney and representation agreements, seniors, disabilities, capacity, doctors, medical practitioners, dispute resolution, legislation, do not resuscitate orders, Stephan Salzberg The following backgrounder is available in Adobe Acrobat (PDF) format. Return to the Health
- [Report on the Ultimate Limitation Act: Updating the Limitation Act](https://www.bcli.org/publication/report-ultimate-limitation-act-updating-limitation-act/) - Keywords: civil litigation, limitation of actions, legislation, Limitation Act, ultimate limitation period, disabilities, children & teens, accidents & injuries, doctors, medical practitioners, insurance, remedies, torts, trusts, running of time, confirmation of cause of action The following backgrounder is available in Adobe Acrobat (PDF) format. Return to The Ultimate Limitation Period: Updating The Limitation Act
- [Private Care Agreements Between Older Adults and Friends or Family Members](https://www.bcli.org/publication/private-care-agreements-between-older-adults-and-friends-or-family-members/) - Keywords: seniors, older adults, private care agreements, housing, tenancy & neighbours, buying or selling a home, wills, estates & life planning, abuse, family violence, elder abuse, contracts, undue influence, unconscionable transactions, unjust enrichment, resulting trusts, remedies, education, health, Family Relations Act, Legal Issues Affecting Seniors Committee The following backgrounder is available in Adobe Acrobat (PDF)
- [Exculpation Clauses in Trust Instruments](https://www.bcli.org/publication/exculpation-clauses-trust-instruments/) - Keywords: trusts and trustees, Trustee Act, liability, exculpation clauses, trust instruments, wills, estates & life planning, immunity clauses, exoneration clauses, Trustee Act Modernization Committee The following backgrounder is available in Adobe Acrobat (PDF) format. Return to the Exculpation Clauses in Trust Instruments project page.
- [Total Return Investing by Trustees](https://www.bcli.org/publication/total-return-investing-trustees/) - Keywords: trusts and trustees, Trustee Act, total return investing, charities, charitable uses, trusts and foundations, wills, estates & life planning, portfolio theory, income, capital, Howe v. Lord Dartmouth, conflict of laws, Trustee Act Modernization Committee The following backgrounder is available in Adobe Acrobat (PDF) format. Return to the Total Return Investing by Trustees project page.
- [15. A Report on Year Four (2000-01 Annual Report)](https://www.bcli.org/publication/15-report-year-four-2000-01-annual-report/) - The British Columbia Law Institute's 2000-2001 Annual Report is available in Adobe Acrobat (PDF) format. To view previous Annual Reports, click here.
- [14. Report on Civil Remedies for Sexual Assault](https://www.bcli.org/publication/14-report-civil-remedies-sexual-assualt/) - Keywords: sexual assault, rape, rape victims, civil remedies, victims & crime, damages, tort actions, fiduciary duty, liability, civil justice, gender issues, equity, equality, accidents & injuries, Charter of Rights and Freedoms, Civil Remedies for Sexual Assault Project Committee The following report is available in Adobe Acrobat (PDF) format. Return to the Civil Remedies for Sexual
- [Report on Civil Remedies for Sexual Assault](https://www.bcli.org/publication/report-civil-remedies-sexual-assault/) - The following backgrounder is available in Adobe Acrobat (PDF) format. Return to the Civil Remedies for Sexual Assault project page.
- [12. A Report on Year Three (1999-00 Annual Report)](https://www.bcli.org/publication/12-report-year-three-1999-00-annual-report/) - The British Columbia Law Institute's 1999-2000 Annual Report is available in Adobe Acrobat (PDF) format. To view previous Annual Reports, click here.
- [Statutory Powers of Delegation by Trustees](https://www.bcli.org/publication/statutory-powers-delegation-trustees/) - The following backgrounder is available in Adobe Acrobat (PDF) format. Return to the Statutory Powers of Delegation by Trustees project page.
- [5. Report on Recognition of Spousal and Family Status](https://www.bcli.org/publication/5-report-recognition-spousal-and-family-status/) - Keywords: family law, marriage and common law, divorce and separation, support, gays, lesbians, trans & bisexuals, spousal status, family status, gay couples, unmarried couples The following report is available in Adobe Acrobat (PDF) format.
- [New Home Warranties: An Interim Report](https://www.bcli.org/publication/new-home-warranties-interim-report/) - The following backgrounder is available in Adobe Acrobat (PDF) format. Return to the New Home Warranties project page.
- [Enforcement of Non-money Judgments from Outside the Province](https://www.bcli.org/publication/enforcement-non-money-judgments-outside-province/) - The following backgrounder is available in Adobe Acrobat (PDF) format. Return to the Enforcement of Non-money Judgments from Outside the Province project page.
- [Statutory Remuneration of Trustees and Trustees Accounts](https://www.bcli.org/publication/statutory-remuneration-trustees-and-trustees-accounts-0/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Trustee Investment Powers](https://www.bcli.org/publication/report-trustee-investment-powers-0/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Recognition of Spousal and Family Status](https://www.bcli.org/publication/recognition-spousal-and-family-status/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Proposals for a Contract Law Reform Act](https://www.bcli.org/publication/proposals-contract-law-reform-act-0/) - The following backgrounder is availabile in Adobe Acrobat (PDF) format. Return to Proposals for a Contract Law Reform Act project page.
- [Gender-Free Legal Writing: Managing the Personal Pronouns](https://www.bcli.org/publication/gender-free-legal-writing-managing-personal-pronouns-0/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [The Need for Uniform Jurisdiction and Choice of Law Rules in Domestic Property Proceedings](https://www.bcli.org/publication/need-uniform-jurisdiction-and-choice-law-rules-domestic-property-proceedings/) - This backgrounder is available in Adobe Acrobat (PDF) format. Return to the Need for Uniform Jurisdiction and Choice of Law Rules in Domestic Property Proceedings project page.
- [10. Interim Report on New Home Warranties](https://www.bcli.org/publication/10-interim-report-new-home-warranties/) - Keywords: housing, tenancy & neighbours, buying or selling, condominiums, warranties, vendors and purchasers, Homeowner Protection Act, Barrett Commission, consumer, consumer protection, New Home Warranties Project Committee The following report is available in Adobe Acrobat (PDF) format. Return to the New Home Warranties project page.
- [9. A Report on Year Two (1998-99 Annual Report)](https://www.bcli.org/publication/9-report-year-two-1998-99-annual-report/) - The British Columbia Law Institute's 1998-1999 Annual Report is available in Adobe Acrobat (PDF) format. To view previous Annual Reports, click here.
- [8. Report on the Enforcement of Non-money Judgments from Outside the Province](https://www.bcli.org/publication/8-report-enforcement-non-money-judgments-outside-province/) - Keywords: judgments, enforcement of non-money judgments, conflict of laws, private international law, decrees, injunctions, Mareva injunction, Morguard case, business & non-profits, family law, Uniform Law Conference of Canada The following report is available in Adobe Acrobat (PDF) format. Return to the Enforcement of Non-money Judgments from Outside the Province project page.
- [7. Statutory Remuneration of Trustees and Trustees Accounts](https://www.bcli.org/publication/7-statutory-remuneration-trustees-and-trustees-accounts/) - The following report is available in Adobe Acrobat (PDF) format. Keywords: trusts and trustees, Trustee Act, fees, remuneration of trustees, trustees' accounts, wills, estates & life planning, accounting, passing of accounts, calculating remuneration, Trustee Act Modernization Committee
- [11. Report on Statutory Powers of Delegation by Trustees](https://www.bcli.org/publication/11-report-statutory-powers-delegation-trustees/) - Keywords: trusts and trustees, Trustee Act, statutory powers, delegation by trustees, wills, estates & life planning, agents, power of attorney and representation agreements, liability of trustee, Speight v. Gaunt, Trustee Act Modernization Committee The following report is available in Adobe Acrobat (PDF) format. Return to the Statutory Powers of Delegation by Trustees project page.
- [4. Proposals for a Contract Law Reform Act](https://www.bcli.org/publication/4-proposals-contract-law-reform-act/) - Keywords: contract, business & non-profits, deeds, stipulations not of the essence, part performance, conditions precedent, performance under protest, frustrated contracts, illegal contracts The following report is availabile in Adobe Acrobat (PDF) format. Return to Proposals for a Contract Law Reform Act project page.
- [3. A Report on Year One (1997-98 Annual Report)](https://www.bcli.org/publication/3-report-year-one-1997-98-annual-report/) - The British Columbia Law Institute's 1998-1999 Annual Report is available in Adobe Acrobat (PDF) format. To view previous Annual Reports, click here.
- [2. Gender-Free Legal Writing: Managing the Personal Pronouns](https://www.bcli.org/publication/2-gender-free-legal-writing-managing-personal-pronouns/) - Keywords: legal writing and research, gender issues, women The following report is available in Adobe Acrobat (PDF) format.
- [Commercial Tenancy Act Backgrounder No. 1 - Introduction to Commercial Tenancy Act Reform Project](https://www.bcli.org/publication/commercial-tenancy-act-backgrounder-no-1-introduction-commercial-tenancy-act-refo/) - The following backgrounder is available in Adobe Acrobat (PDF) format.
- [Report on Loss Appraisal under the Insurance Act](https://www.bcli.org/publication/report-loss-appraisal-under-insurance-act/) - The following backgrounder is available in Adobe Acrobat (PDF) format.

## Job Posts

- [Call for Board Nominations](https://www.bcli.org/job_post/board-nomination-2025/) - Call for Board Nominations Application deadline: August 15, 2025 The British Columbia Law Institute is seeking nominations for two dedicated and visionary individuals to join our Board of Directors. We are an independent not-for-profit law reform agency that works to improve and modernize laws. Since 1997, we have been conducting law reform projects in the
- [Employment Opportunity: Notetakers - Housing Law Reform Project or Escheat Act Modernization Project](https://www.bcli.org/job_post/employment-opportunity-notetaker-housing-law-reform-project/) - JOB DESCRIPTION Notetakers - Housing Law Reform Project or Escheat Act Modernization Project Interested in learning about how law reform agencies do their work? The British Columbia Law Institute (BCLI) seek two UBC law student to support our team in notetaking for our housing law reform project and Escheat Act Modernization Project. The successful candidates
- [Employment Opportunity: Notetaker - Director Project](https://www.bcli.org/job_post/employment-opportunity-notetaker-director-project/) - JOB DESCRIPTION Notetaker - Director Project Interested in learning about how law reform agencies do their work? The British Columbia Law Institute (BCLI) seek a UBC law student to support our team in notetaking for our project on Rationalizing Non-Statutory Liability of Directors and Officers Project. The successful candidate will have an interest in fundamental
- [Employment Opportunity: Director, Canadian Centre for Elder Law](https://www.bcli.org/job_post/employment-opportunity-director-canadian-centre-for-elder-law/) - JOB DESCRIPTION Director, Canadian Centre for Elder Law Download a PDF version of the CCEL Director opening APPLICATION DEADLINE: Open until position is filled The British Columbia Law Institute (BCLI) is BC’s independent, non-profit law reform agency. The Canadian Centre for Elder Law (CCEL) is a division of the BCLI dedicated to legal and policy
- [Employment Opportunity: Education and Outreach Coordinator (Vancouver, BC)](https://www.bcli.org/job_post/employment-opportunity-education-and-outreach-coordinator-vancouver-bc/) - Employment Opportunity: Education and Outreach Coordinator (Vancouver, BC) Application deadline: October 31, 2022 The British Columbia Law Institute (BCLI) and its affiliate the Canadian Centre for Elder Law (CCEL) are hiring an Education and Outreach Coordinator to lead consultation initiatives with community, develop and enhance our partnerships, and collaborate with other team members to create

## Builders Lien Act Q&A

- [List of Figures](https://www.bcli.org/bcli-resources/list-of-figures/) - GO TO: Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Figure 7 Figure 8 Figure 9 Figure 10 Figure 11 Figure 12 Figure 13 Figure 14 Figure 15 Figure 16 Figure 17 Figure 18 Figure 19 Figure 20 Figure 21 Figure 22 Figure 23 Figure 24 Figure 25 Figure 1 -
- [Introduction](https://www.bcli.org/bcli-resources/introduction/) - The enactment in 1997 of the Builders Lien Act was the final stage of a law reform process that started more than 25 years earlier, commencing with a Report by the former British Columbia Law Reform Commission in 1972. This led to a review by a Select Committee of the Provincial Legislature and extensive consultation
- [Chapter 2: The Anatomy of a Construction Project](https://www.bcli.org/bcli-resources/chapter-2-the-anatomy-of-a-construction-project/) - 2.1 | What business practices within the construction industry are relevant to the operation of the Act? The pyramid Commentary: to understand the operation of the Builders Lien Act, it is necessary to understand the legal and economic environment that surrounds a major construction project. Typically, large numbers of persons will contribute to the project. Their
- [Sources and Authorities](https://www.bcli.org/bcli-resources/sources-and-authorities/) - “Builders Lien Act“, “The new Act” and “The 1997 Act” all refer to the Builders Lien Act. S.B.C. 1997, Chapter 45. “The old Act” or “The former Act” refer to the Builders Lien Act. R.S.B.C. 1996, Chapter 41. Coulson refers to David A. Coulson, Guide to Builders Lien in British Columbia. (Carswell) “CLE materials” refers
- [Chapter 13: Enforcing the Lien](https://www.bcli.org/bcli-resources/chapter-13-enforcing-the-lien/) - 13.1 | Once a person has filed a lien under the Act, what further steps are necessary? Enforcement generally Commentary: sometimes, no further steps will be required. The filing of a lien may, of itself, result in pressure being brought to bear on the debtor with the result that the lien claimant is paid the
- [Table of Contents](https://www.bcli.org/bcli-resources/table-of-contents/) - Question and Answers on the Builders Lien Act Introduction About Sources and Authorities Chapters Chapter 1 – An Introduction to the New Builders Lien Act 1.1 Purpose of Act1.2 History of Act1.3 Why a new Act?1.4 What the Act cannot do Chapter 2 – The Anatomy of a Construction Project 2.1 The pyramid2.2 The truncated
- [About](https://www.bcli.org/bcli-resources/about/) - Introducing British Columbia’s New Builders Lien Act The purpose of this pamphlet is to assist participants in British Columbia’s construction industry to better understand the operation of the new Builders Lien Act. It is not intended as legal advice and the Act itself should be consulted in all cases by persons concerned with their rights
- [Chapter 11: The Running of Time for the Filing of Liens and Release of Holdback](https://www.bcli.org/bcli-resources/chapter-11-the-running-of-time-for-the-filing-of-liens-and-release-of-holdback/) - 11.1 | What is the relationship between the time for the filing of liens and the time for the release of holdback? Time periods generally Commentary: the purpose of requiring the retention of holdbacks from a contractor or subcontractor is to protect persons lower in the construction pyramid and provide additional security for their liens.
- [Chapter 22: Transition](https://www.bcli.org/bcli-resources/chapter-22-transition/) - 22.1 | How does the Act apply to an improvement that is only partially complete at the time the new Act comes into force? Transition generally Commentary: this raises the issue of the transition from the old Act to the new. Guidance on transition is provided in section 48 of the Act. It describes the
- [Chapter 21: Rights to Information](https://www.bcli.org/bcli-resources/chapter-21-rights-to-information/) - 21.1 | What rights to information exist under the Builders Lien Act? Rights to information Commentary: reference has already been made to the rights of a lien holder to seek information from the owner or the construction lender. [See paragraphs 6.12 and 17.2] The owner is also given certain rights to information. A written request may
- [Chapter 20: Public Bodies and the Builders Lien Act](https://www.bcli.org/bcli-resources/chapter-20-public-bodies-and-the-builders-lien-act/) - 20.1 | How does the Act apply to governmental bodies? Registered and unregistered land Commentary: governmental bodies seldom act as contractors or subcontractors so the real question here is the impact of builders lien legislation on such bodies in their capacity as the owners of land on which improvements may be made. From this analysis,
- [Chapter 19: Improvements on Mining Property](https://www.bcli.org/bcli-resources/chapter-19-improvements-on-mining-property/) - 19.1 | Why do lien claims against improvements on mining property receive special treatment? Mining property Commentary: the previous chapter examined the status of liens against improvements on land which has not been brought into the province’s land registry system. The lack of a public registry for claims against improvements built by the holders of
- [Chapter 18: Application of the Builders Lien Act to Improvements on Unregistered Land](https://www.bcli.org/bcli-resources/chapter-18-application-of-the-builders-lien-act-to-improvements-on-unregistered-land/) - 18.1 | What about improvements on unregistered land? Registered and unregistered land Commentary: not all of the land in the province has been brought within British Columbia’s land registration system. Where a parcel of land is brought within the system, a certificate of title is created in the appropriate land title office. This certificate records
- [Chapter 17: The Construction Lender and Builders Liens](https://www.bcli.org/bcli-resources/chapter-17-the-construction-lender-and-builders-liens/) - 17.1 | What provisions of the Builders Lien Act touch particularly on the legal position of construction lenders? Position of construction lenders Commentary: reference has already been made to a number of such provisions: The definition of owner expressly excludes “a mortgagee.” [See paragraph 3.6] Where the lender is a savings institution, it may retain the owner’s
- [Chapter 16: Deficiencies and Holdbacks](https://www.bcli.org/bcli-resources/chapter-16-deficiencies-and-holdbacks/) - 16.1 | What is a deficiency? Deficiencies generally Commentary: a deficiency arises when a contractor or subcontractor has failed to perform satisfactorily all the obligations imposed by the contract or subcontract. This may include a failing to complete the contract itself or purporting to complete it in a way that does not conform the requirements
- [Chapter 15: Holdbacks by Purchasers](https://www.bcli.org/bcli-resources/chapter-15-holdbacks-by-purchasers/) - IMPORTANT NOTE: On Friday, October 31, 1997 the Minister of Employment and Investment announced that when the new Builders Lien Act is brought into force, section 4(7) which provides for the purchaser’s holdback will remain unproclaimed at this time. The Minister has instructed his staff to work with Legislative Counsel to develop alternative approaches to protecting customers
- [Chapter 14: Distributing Proceeds to Lien Claimants](https://www.bcli.org/bcli-resources/chapter-14-distributing-proceeds-to-lien-claimants/) - 14.1 | What policies do the distribution provisions of the Act advance? Distribution policies Commentary: funds may become available for distribution among lien claimants from two different sources. The first is money that is paid into court under section 23. The second is the proceeds of a sale of the improvement. The distribution of these
- [Chapter 12: Keeping Money Within the Construction Pyramid](https://www.bcli.org/bcli-resources/chapter-12-keeping-money-within-the-construction-pyramid/) - 12.1 | How does the Act advance the policy of ensuring that money intended to finance construction is in fact used for that purpose? Keeping money within the pyramid Commentary: a major purpose of the Builders Lien Act is to ensure that money flows from the top of the construction pyramid to the bottom, ensuring
- [Chapter 10: Certificates of Completion](https://www.bcli.org/bcli-resources/chapter-10-certificates-of-completion/) - 10.1 | What is a certificate of completion? Certificates generally Commentary: a certificate of completion is a document issued under section 7 of the Builders Lien Act which states that work under a contract or subcontract has been completed. Its significance is that, once a certificate has been issued, time begins to run under the
- [Chapter 9: Clearing Liens from the Owner's Title](https://www.bcli.org/bcli-resources/chapter-9-clearing-liens-from-the-owners-title/) - 9.1 | Why is it important to have machinery to clear liens from the owner’s title? Background Commentary: although it may reflect a problem or default only in one small corner of the construction pyramid, the filing of a builders lien can have serious consequences for the whole project. This is because construction lenders receive
- [Chapter 8: Filing Liens](https://www.bcli.org/bcli-resources/chapter-8-filing-liens/) - 8.1 | A number of earlier comments refer to liens having been filed. What is the significance of filing? Significance of filing Commentary: while the Builders Lien Act confers rights on workers and subcontractors immediately on the provision of material or services, they have no immediate right to enforce the lien. Moreover, the lien is
- [Chapter 7: Holdbacks and the Limited Recovery/Liability Principle](https://www.bcli.org/bcli-resources/chapter-7-holdbacks-and-the-limited-recovery-liability-principle/) - 7.1 | What is the limited recovery principle referred to earlier? Limited liability and recovery Commentary: as described earlier, an important reason for adopting the multiple holdback scheme in the 1997 Builders Lien Act is to encourage the flow of money down the pyramid from top to bottom. Properly implemented, the scheme discourages contractors from
- [Chapter 6: Holdbacks by the Owner](https://www.bcli.org/bcli-resources/chapter-6-holdbacks-by-the-owner/) - 6.1 | What is the fund into which the owner’s holdback must be paid?Holdback account Commentary: this fund is known as the “holdback account.” It arises under section 5 which provides that the owner must establish a holdback account for each contract under which alien may arise and pay into that account the amount of
- [Chapter 5: The Holdback](https://www.bcli.org/bcli-resources/chapter-5-the-holdback/) - 5.1 | What is a holdback? Holdbacks generally Commentary: a holdback arises when a person who is obliged to pay money to another does not pay the full amount but retains a portion. That portion, the difference between the amount owing and the amount paid, is a holdback. A holdback may be retained either because
- [Chapter 4: The Lien](https://www.bcli.org/bcli-resources/chapter-4-the-lien/) - 4.1 | What is a lien?Liens generally Commentary: a lien is a claim or charge on property for the payment or performance of some debt, obligation or duty. Rights of this kind may be created by express agreement between the parties. They may also arise by operation of the common law or a statute. The
- [Chapter 3: The Participants - A "Who's Who"](https://www.bcli.org/bcli-resources/chapter-3-the-participants-a-whos-who/) - 3.1 | What terminology does the Act use to describe the various participants in a construction project? Participants Commentary: the Act recognizes the specific roles of the owner, the construction lender, contractors, the head contractor, subcontractors, architects and engineers, material suppliers and workers. Most, but not all, of the terms are defined in the Act.
- [Chapter 1 – An Introduction to the New Builders Lien Act](https://www.bcli.org/bcli-resources/chapter-1-an-introduction-to-the-new-builders-lien-act/) - 1.1 | What is the purpose of the Builders Lien Act? Purpose of Act Commentary: the basic aim of the Builders Lien Act is to enhance the financial integrity of relationships within the construction industry. It employs three different strategies.First, the Act provides a form of statutory security for the payment of money owed to persons such as

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- [public consultations](https://www.bcli.org/tag/public-consultations/)
- [Technology](https://www.bcli.org/tag/technology/)
- [CCEL](https://www.bcli.org/tag/ccel/)
- [Agenda for Justice 2017](https://www.bcli.org/tag/agenda-for-justice-2017/)
- [Enforcement of Money Judgments](https://www.bcli.org/tag/enforcement-of-money-judgments/)
- [Franchises Act](https://www.bcli.org/tag/franchises-act/)
- [strata property project](https://www.bcli.org/tag/strata-property-project/)
- [british columbia law institute](https://www.bcli.org/tag/british-columbia-law-institute/)
- [2017](https://www.bcli.org/tag/2017/)
- [financial abuse](https://www.bcli.org/tag/financial-abuse/)
- [Family Law Act](https://www.bcli.org/tag/family-law-act/)
- [older women](https://www.bcli.org/tag/older-women/)
- [legislative reform](https://www.bcli.org/tag/legislative-reform/)
- [blog](https://www.bcli.org/tag/blog/)
- [Land Title Act](https://www.bcli.org/tag/land-title-act/)
- [2018](https://www.bcli.org/tag/2018/)
- [dementia](https://www.bcli.org/tag/dementia/)
- [Guardianship](https://www.bcli.org/tag/guardianship/)
- [Board](https://www.bcli.org/tag/board/)
- [inclusive investing](https://www.bcli.org/tag/inclusive-investing/)
- [common property land titles and fundamental changes spotlight series](https://www.bcli.org/tag/common-property-land-titles-and-fundamental-changes-spotlight-series/)
- [Division of Pensions Regulation](https://www.bcli.org/tag/division-of-pensions-regulation/)
- [pension division](https://www.bcli.org/tag/pension-division/)
- [Pension Division Review Project](https://www.bcli.org/tag/pension-division-review-project/)
- [2019](https://www.bcli.org/tag/2019/)
- [supported decision-making](https://www.bcli.org/tag/supported-decision-making/)
- [insurance closer look series](https://www.bcli.org/tag/insurance-closer-look-series/)
- [caregiving](https://www.bcli.org/tag/caregiving/)
- [health care](https://www.bcli.org/tag/health-care/)
- [Employment Standards Act](https://www.bcli.org/tag/employment-standards-act/)
- [strata](https://www.bcli.org/tag/strata/)
- [Study Paper](https://www.bcli.org/tag/study-paper/)
- [Pension Benefits Standards Act](https://www.bcli.org/tag/pension-benefits-standards-act/)
- [Canadian elder law conference](https://www.bcli.org/tag/canadian-elder-law-conference/)
- [common property land titles and fundamental changes closer look series](https://www.bcli.org/tag/common-property-land-titles-and-fundamental-changes-closer-look-series/)
- [Capacity](https://www.bcli.org/tag/capacity/)
- [undue influence](https://www.bcli.org/tag/undue-influence/)
- [vulnerable investors](https://www.bcli.org/tag/vulnerable-investors/)
- [Child protection](https://www.bcli.org/tag/child-protection/)
- [Modernizing the Child Family and Community Service Act Project](https://www.bcli.org/tag/modernizing-the-child-family-and-community-service-act-project/)
- [Builders Lien Act](https://www.bcli.org/tag/builders-lien-act/)
- [older adults](https://www.bcli.org/tag/older-adults/)
- [survey](https://www.bcli.org/tag/survey/)
- [Child Family and Community Service Act](https://www.bcli.org/tag/child-family-and-community-service-act/)
- [Name Act](https://www.bcli.org/tag/name-act/)
- [Decision making](https://www.bcli.org/tag/decision-making/)
- [Health Care Consent](https://www.bcli.org/tag/health-care-consent/)
- [2020](https://www.bcli.org/tag/2020/)
- [2021](https://www.bcli.org/tag/2021/)
- [Medical Assistance in Dying](https://www.bcli.org/tag/medical-assistance-in-dying/)
- [Uniform Civil Enforcement of Money Judgments Act](https://www.bcli.org/tag/uniform-civil-enforcement-of-money-judgments-act/)
- [Business Corporations Act](https://www.bcli.org/tag/business-corporations-act/)
- [Cooperative Association Act](https://www.bcli.org/tag/cooperative-association-act/)
- [Bill C-78](https://www.bcli.org/tag/bill-c-78/)
- [Divorce Act](https://www.bcli.org/tag/divorce-act/)
- [Wills Estates and Succession Act](https://www.bcli.org/tag/wills-estates-and-succession-act/)
- [Strata Property Act](https://www.bcli.org/tag/strata-property-act/)
- [covid](https://www.bcli.org/tag/covid/)
- [best interests of the child](https://www.bcli.org/tag/best-interests-of-the-child/)
- [parentage](https://www.bcli.org/tag/parentage/)
- [Child Protection Spotlight Series](https://www.bcli.org/tag/child-protection-spotlight-series/)
- [judgment enforcement](https://www.bcli.org/tag/judgment-enforcement/)
- [Parentage Law Reform Project](https://www.bcli.org/tag/parentage-law-reform-project/)
- [Reconciliation](https://www.bcli.org/tag/reconciliation/)
- [house of commons](https://www.bcli.org/tag/house-of-commons/)
- [capacity assessment tribunal](https://www.bcli.org/tag/capacity-assessment-tribunal/)
- [Closer Look at Child Protection Report](https://www.bcli.org/tag/closer-look-at-child-protection-report/)
- [meeting summaries](https://www.bcli.org/tag/meeting-summaries/)
- [engaging people living with dementia](https://www.bcli.org/tag/engaging-people-living-with-dementia/)
- [Property Law](https://www.bcli.org/tag/property-law/)
- [Technology Law](https://www.bcli.org/tag/technology-law/)
- [wills and estates](https://www.bcli.org/tag/wills-and-estates/)
- [civil liability](https://www.bcli.org/tag/civil-liability/)
- [Negligence Act](https://www.bcli.org/tag/negligence-act/)
- [Franchise Act](https://www.bcli.org/tag/franchise-act/)
- [Uniform Franchise Act](https://www.bcli.org/tag/uniform-franchise-act/)
- [Representation Agreement Act](https://www.bcli.org/tag/representation-agreement-act/)
- [Uniform Vital Statistics Act](https://www.bcli.org/tag/uniform-vital-statistics-act/)
- [Builders Lien](https://www.bcli.org/tag/builders-lien/)
- [pension](https://www.bcli.org/tag/pension/)
- [family and community service act](https://www.bcli.org/tag/family-and-community-service-act/)
- [forum](https://www.bcli.org/tag/forum/)
- [2010](https://www.bcli.org/tag/2010/)
- [2013](https://www.bcli.org/tag/2013/)
- [Media Release](https://www.bcli.org/tag/media-release/)
- [backgrounder](https://www.bcli.org/tag/backgrounder/)
- [strata governance](https://www.bcli.org/tag/strata-governance/)
- [Annual General Meeting](https://www.bcli.org/tag/annual-general-meeting/)
- [Law Reform Needs](https://www.bcli.org/tag/law-reform-needs/)
- [Annual Report](https://www.bcli.org/tag/annual-report/)
- [benefits](https://www.bcli.org/tag/benefits/)
- [Breakdown of a relationship](https://www.bcli.org/tag/breakdown-of-a-relationship/)
- [investment](https://www.bcli.org/tag/investment/)
- [legislative fact sheet](https://www.bcli.org/tag/legislative-fact-sheet/)
- [assisted reproduction](https://www.bcli.org/tag/assisted-reproduction/)
- [surrogacy](https://www.bcli.org/tag/surrogacy/)
- [orders declaring parentage](https://www.bcli.org/tag/orders-declaring-parentage/)
- [Board Updates](https://www.bcli.org/tag/board-updates/)
- [Staff Updates](https://www.bcli.org/tag/staff-updates/)
- [World Elder Law Study Group](https://www.bcli.org/tag/world-elder-law-study-group/)
- [Contribution after Settlement under the Negligence Act (2013) Project](https://www.bcli.org/tag/contribution-after-settlement-under-the-negligence-act-2013-project/)
- [Strata Property Law – Phase Two Project](https://www.bcli.org/tag/strata-property-law-phase-two-project/)
- [Commercial Tenancy Act Reform Project (2009)](https://www.bcli.org/tag/commercial-tenancy-act-reform-project-2009/)
- [Parental Support Obligation in Section 90 of the Family Relations Act (2007) Project](https://www.bcli.org/tag/parental-support-obligation-in-section-90-of-the-family-relations-act-2007-project/)
- [Will Estates and Succession: A Modern Legal Framework (2006)](https://www.bcli.org/tag/will-estates-and-succession-a-modern-legal-framework-2006/)
- [Society Act Reform Project (2008)](https://www.bcli.org/tag/society-act-reform-project-2008/)
- [Unfair Contracts Relief (2011) Project](https://www.bcli.org/tag/unfair-contracts-relief-2011-project/)
- [Probate Rules (2010) Project](https://www.bcli.org/tag/probate-rules-2010-project/)
- [Family Caregiving (2010) Project](https://www.bcli.org/tag/family-caregiving-2010-project/)
- [Appointing a Guardian and Standby Guardianship (2004) Project](https://www.bcli.org/tag/appointing-a-guardian-and-standby-guardianship-2004-project/)
- [Pension Division on Marriage Breakdown: A Ten Year Review of Part 6 of the Family Relations Act (2006) Project](https://www.bcli.org/tag/pension-division-on-marriage-breakdown-a-ten-year-review-of-part-6-of-the-family-relations-act-2006-project/)
- [The Need for Uniform Jurisdiction and Choice of Law Rules in Domestic Property Proceedings (1998) Project](https://www.bcli.org/tag/the-need-for-uniform-jurisdiction-and-choice-of-law-rules-in-domestic-property-proceedings-1998-project/)
- [Real Property Reform Project Phase 2 (2012) Project](https://www.bcli.org/tag/real-property-reform-project-phase-2-2012-project/)
- [BC Family Status Legal Research Project (2012) Project](https://www.bcli.org/tag/bc-family-status-legal-research-project-2012-project/)
- [Rationalizing and Harmonization of BC Common-Law Tests of Capacity (2013) Project](https://www.bcli.org/tag/rationalizing-and-harmonization-of-bc-common-law-tests-of-capacity-2013-project/)
- [Project on Potential Undue Influence: Recommended Practices for Wills Practitioners (2011)](https://www.bcli.org/tag/project-on-potential-undue-influence-recommended-practices-for-wills-practitioners-2011/)
- [Strata Property Law – Phase One (2012) Project](https://www.bcli.org/tag/strata-property-law-phase-one-2012-project/)
- [Older Women’s Dialogue Project](https://www.bcli.org/tag/older-womens-dialogue-project/)
- [Elder and Guardianship Mediation (2012) Project](https://www.bcli.org/tag/elder-and-guardianship-mediation-2012-project/)
- [BC Family Status Legal Research Project (2012)](https://www.bcli.org/tag/bc-family-status-legal-research-project-2012/)
- [Franchise Act Project (2014)](https://www.bcli.org/tag/franchise-act-project-2014/)
- [Assisted Living Reform Project (2013)](https://www.bcli.org/tag/assisted-living-reform-project-2013/)
- [British Columbia Privacy Act (2008) Project](https://www.bcli.org/tag/british-columbia-privacy-act-2008-project/)
- [Reverse Mortgages (2006) Project](https://www.bcli.org/tag/reverse-mortgages-2006-project/)
- [The Uniform Civil Enforcement of Money Judgments Act (2005) Project](https://www.bcli.org/tag/the-uniform-civil-enforcement-of-money-judgments-act-2005-project/)
- [Financial Abuse of Seniors Project](https://www.bcli.org/tag/financial-abuse-of-seniors-project/)
- [Financing Litigation Legal Research Project](https://www.bcli.org/tag/financing-litigation-legal-research-project/)
- [Older Women Fleeing Violence and Abuse in Canada: Bringing Together Separate Spheres of Practice](https://www.bcli.org/tag/older-women-fleeing-violence-and-abuse-in-canada-bringing-together-separate-spheres-of-practice/)
- [Guide and Service Dog Act](https://www.bcli.org/tag/guide-and-service-dog-act/)
- [Protecting Condominium Owners Act](https://www.bcli.org/tag/protecting-condominium-owners-act/)
- [Unnecessary Requirements for Sworn Statements (2006) Project](https://www.bcli.org/tag/unnecessary-requirements-for-sworn-statements-2006-project/)
- [Community Care and Assisted Living Amendment Act](https://www.bcli.org/tag/community-care-and-assisted-living-amendment-act/)
- [Condominium Property Act](https://www.bcli.org/tag/condominium-property-act/)
- [Elder Abuse in Chinese and South Asian Communities Project](https://www.bcli.org/tag/elder-abuse-in-chinese-and-south-asian-communities-project/)
- [Civil Resolution Tribunal Act](https://www.bcli.org/tag/civil-resolution-tribunal-act/)
- [Land Titles Act](https://www.bcli.org/tag/land-titles-act/)
- [Guide Dog and Service Dog Act](https://www.bcli.org/tag/guide-dog-and-service-dog-act/)
- [Human Rights Code](https://www.bcli.org/tag/human-rights-code/)
- [Employment Standards Act Reform Project](https://www.bcli.org/tag/employment-standards-act-reform-project/)
- [Real Estate Services Act](https://www.bcli.org/tag/real-estate-services-act/)
- [Disability & Evidence Project (2014)](https://www.bcli.org/tag/disability-evidence-project-2014/)
- [Aging and Dementia: Mapping Law and Practice in British Columbia Project](https://www.bcli.org/tag/aging-and-dementia-mapping-law-and-practice-in-british-columbia-project/)
- [Small Claims Practices Act](https://www.bcli.org/tag/small-claims-practices-act/)
- [Be a Savvy Senior: Fraud Protection Strategies for Seniors Project](https://www.bcli.org/tag/be-a-savvy-senior-fraud-protection-strategies-for-seniors-project/)
- [Questions and Answers About Pension Division on the Breakdown of a Relationship in British Columbia (2015-2016)](https://www.bcli.org/tag/questions-and-answers-about-pension-division-on-the-breakdown-of-a-relationship-in-british-columbia-2015-2016/)
- [Vulnerable Investor Protective Action and Legal Safe Harbour Project](https://www.bcli.org/tag/vulnerable-investor-protective-action-and-legal-safe-harbour-project/)
- [Inclusive Investing: Respecting the Rights of Vulnerable Investors through Supported Decision Making](https://www.bcli.org/tag/inclusive-investing-respecting-the-rights-of-vulnerable-investors-through-supported-decision-making/)
- [Committee News](https://www.bcli.org/tag/committee-news/)
- [Guest Articles](https://www.bcli.org/tag/guest-articles/)
- [Family Caregiving (2010)](https://www.bcli.org/tag/family-caregiving-2010/)
- [BCLI News](https://www.bcli.org/tag/bcli-news/)
- [Safe Care Act](https://www.bcli.org/tag/safe-care-act/)
- [Community Care and Assisted Living Act](https://www.bcli.org/tag/community-care-and-assisted-living-act/)
- [Builders Lien Reform Project](https://www.bcli.org/tag/builders-lien-reform-project/)
- [Health Care Consent and Capacity Assessment Tribunals Project – Seeking a Model For British Columbia](https://www.bcli.org/tag/health-care-consent-and-capacity-assessment-tribunals-project-seeking-a-model-for-british-columbia/)
- [Review of Parentage under Part 3 of the Family Law Act Project](https://www.bcli.org/tag/review-of-parentage-under-part-3-of-the-family-law-act-project/)
- [Health Care Consent and Capacity Assessment Tribunals Project](https://www.bcli.org/tag/health-care-consent-and-capacity-assessment-tribunals-project/)
- [Civil Juries Reform Project](https://www.bcli.org/tag/civil-juries-reform-project/)
- [Engaging People Living with Dementia in Decision-Making Project](https://www.bcli.org/tag/engaging-people-living-with-dementia-in-decision-making-project/)
- [legislation summary](https://www.bcli.org/tag/legislation-summary/)
- [Articles](https://www.bcli.org/tag/articles/)
- [parentage if no assisted reproduction](https://www.bcli.org/tag/parentage-if-no-assisted-reproduction/)
- [sperm donation](https://www.bcli.org/tag/sperm-donation/)
- [long-term care](https://www.bcli.org/tag/long-term-care-2/)
- [Uniform Liens Act](https://www.bcli.org/tag/uniform-liens-act/)
- [meeting summary](https://www.bcli.org/tag/meeting-summary/)
- [sexual assault](https://www.bcli.org/tag/sexual-assault/)
- [multiple parents](https://www.bcli.org/tag/multiple-parents/)
- [Public Hearings Project](https://www.bcli.org/tag/public-hearings-project/)
- [Local Government Act](https://www.bcli.org/tag/local-government-act/)
- [a closer look at public hearings](https://www.bcli.org/tag/a-closer-look-at-public-hearings/)
- [land use and planning](https://www.bcli.org/tag/land-use-and-planning/)
- [local democracy](https://www.bcli.org/tag/local-democracy/)
- [purposes](https://www.bcli.org/tag/purposes/)
- [Public Hearing Project](https://www.bcli.org/tag/public-hearing-project/)
- [parentage agreements](https://www.bcli.org/tag/parentage-agreements/)
- [artificial intelligence](https://www.bcli.org/tag/artificial-intelligence/)
- [AI](https://www.bcli.org/tag/ai/)
- [digital](https://www.bcli.org/tag/digital/)
- [liability](https://www.bcli.org/tag/liability/)
- [negligence](https://www.bcli.org/tag/negligence/)
- [tort](https://www.bcli.org/tag/tort/)
- [Greg Steele Prize](https://www.bcli.org/tag/greg-steele-prize/)
- [case summaries](https://www.bcli.org/tag/case-summaries/)
- [United Kingdom](https://www.bcli.org/tag/united-kingdom/)
- [written consent](https://www.bcli.org/tag/written-consent/)
- [posthumous use of embryo](https://www.bcli.org/tag/posthumous-use-of-embryo/)
- [in vitro fertilization](https://www.bcli.org/tag/in-vitro-fertilization/)
- [property division](https://www.bcli.org/tag/property-division/)
- [spousal support](https://www.bcli.org/tag/spousal-support/)
- [elderabuse](https://www.bcli.org/tag/elderabuse/)
- [surrogate](https://www.bcli.org/tag/surrogate/)
- [independent legal advice](https://www.bcli.org/tag/independent-legal-advice-2/)
- [Nova Scotia](https://www.bcli.org/tag/nova-scotia/)
- [counselling](https://www.bcli.org/tag/counselling/)
- [posthumous conception](https://www.bcli.org/tag/posthumous-conception/)
- [Assisted Human Reproduction Act](https://www.bcli.org/tag/assisted-human-reproduction-act/)
- [local government](https://www.bcli.org/tag/local-government/)
- [land use](https://www.bcli.org/tag/land-use/)
- [planning](https://www.bcli.org/tag/planning/)
- [zoning](https://www.bcli.org/tag/zoning/)
- [official community plan; city](https://www.bcli.org/tag/official-community-plan-city/)
- [regional district](https://www.bcli.org/tag/regional-district/)
- [municipality](https://www.bcli.org/tag/municipality/)
- [public hearing](https://www.bcli.org/tag/public-hearing/)
- [public participation](https://www.bcli.org/tag/public-participation/)
- [democracy](https://www.bcli.org/tag/democracy/)
- [administrative decision-making](https://www.bcli.org/tag/administrative-decision-making/)
- [procedural fairness](https://www.bcli.org/tag/procedural-fairness/)
- [natural justice](https://www.bcli.org/tag/natural-justice/)
- [housing tenancy and neighbours](https://www.bcli.org/tag/housing-tenancy-and-neighbours/)
- [rights and citizenship](https://www.bcli.org/tag/rights-and-citizenship/)
- [administrative law and tribunals](https://www.bcli.org/tag/administrative-law-and-tribunals/)
- [will](https://www.bcli.org/tag/will/)
- [practice](https://www.bcli.org/tag/practice/)
- [coercion](https://www.bcli.org/tag/coercion/)
- [lawyer](https://www.bcli.org/tag/lawyer/)
- [solicitor](https://www.bcli.org/tag/solicitor/)
- [notary](https://www.bcli.org/tag/notary/)
- [client](https://www.bcli.org/tag/client/)
- [testator](https://www.bcli.org/tag/testator/)
- [will-maker](https://www.bcli.org/tag/will-maker/)
- [privacy](https://www.bcli.org/tag/privacy/)
- [access to information](https://www.bcli.org/tag/access-to-information/)
- [donors](https://www.bcli.org/tag/donors/)
- [anonymity](https://www.bcli.org/tag/anonymity/)
- [Renovate the Public Hearing Project](https://www.bcli.org/tag/renovate-the-public-hearing-project/)
- [public hearings](https://www.bcli.org/tag/public-hearings/)
- [project committee](https://www.bcli.org/tag/project-committee/)
- [Money Judgment Enforcement Act](https://www.bcli.org/tag/money-judgment-enforcement-act/)
- [garnishment](https://www.bcli.org/tag/garnishment/)
- [seizure](https://www.bcli.org/tag/seizure/)
- [first nations leaders gathering](https://www.bcli.org/tag/first-nations-leaders-gathering/)
- [bill 44](https://www.bcli.org/tag/bill-44/)
- [Vancouver Charter](https://www.bcli.org/tag/vancouver-charter/)
- [spotlight on renovating the public hearing](https://www.bcli.org/tag/spotlight-on-renovating-the-public-hearing/)
- [children](https://www.bcli.org/tag/children/)
- [News](https://www.bcli.org/tag/news/)
- [quia timet injunctions](https://www.bcli.org/tag/quia-timet-injunctions/)
- [injunctions](https://www.bcli.org/tag/injunctions/)
- [Role of Injunctions in Resource Disputes Project](https://www.bcli.org/tag/role-of-injunctions-in-resource-disputes-project/)
- [criminal defences](https://www.bcli.org/tag/criminal-defences/)
- [colour of right](https://www.bcli.org/tag/colour-of-right/)
- [Role of Injunctions in Resource Disputes](https://www.bcli.org/tag/role-of-injunctions-in-resource-disputes/)
- [irreparable harm](https://www.bcli.org/tag/irreparable-harm/)
- [commercial leases](https://www.bcli.org/tag/commercial-leases/)
- [evidence](https://www.bcli.org/tag/evidence/)
- [hearsay](https://www.bcli.org/tag/hearsay/)
- [business-records exception](https://www.bcli.org/tag/business-records-exception/)
- [RJR-MacDonald test](https://www.bcli.org/tag/rjr-macdonald-test/)
- [strong prima facie case](https://www.bcli.org/tag/strong-prima-facie-case/)
- [serious issue to be tried](https://www.bcli.org/tag/serious-issue-to-be-tried/)
- [DRIPA](https://www.bcli.org/tag/dripa/)
- [restrictive covenant](https://www.bcli.org/tag/restrictive-covenant/)
- [balance of convenience](https://www.bcli.org/tag/balance-of-convenience/)
- [Canadian Charter of Rights and Freedoms](https://www.bcli.org/tag/canadian-charter-of-rights-and-freedoms/)
- [civil contempt](https://www.bcli.org/tag/civil-contempt/)
- [Jordan principle](https://www.bcli.org/tag/jordan-principle/)
- [criminal procedure](https://www.bcli.org/tag/criminal-procedure/)
- [mandatory injunctions](https://www.bcli.org/tag/mandatory-injunctions/)
- [franchise](https://www.bcli.org/tag/franchise/)
- [clean hands](https://www.bcli.org/tag/clean-hands/)
- [permanent injunction](https://www.bcli.org/tag/permanent-injunction/)
- [New Brunswick](https://www.bcli.org/tag/new-brunswick/)
- [statutory injunction](https://www.bcli.org/tag/statutory-injunction/)
- [Community Charter](https://www.bcli.org/tag/community-charter/)
- [Canada Labour Code](https://www.bcli.org/tag/canada-labour-code/)
- [inherent jurisdiction](https://www.bcli.org/tag/inherent-jurisdiction/)
- [labour relations](https://www.bcli.org/tag/labour-relations/)
- [public interest](https://www.bcli.org/tag/public-interest/)
- [Federal Courts Act](https://www.bcli.org/tag/federal-courts-act/)
- [Constitution Act 1867](https://www.bcli.org/tag/constitution-act-1867/)
- [interlocutory injunctions](https://www.bcli.org/tag/interlocutory-injunctions/)

## Author

- [CCEL](https://www.bcli.org/author/ccel/)
- [BCLI](https://www.bcli.org/author/bcli/)
- [RCLF](https://www.bcli.org/author/rclf/)

## Years

- [2022](https://www.bcli.org/Year/2022/)
- [2023](https://www.bcli.org/Year/2023/)

## Categories

- [Questions and Answers on the Builders Lien Act](https://www.bcli.org/bcli-resources/category/questions-and-answers-on-the-builders-lien-act/)
- [Overview](https://www.bcli.org/bcli-resources/category/questions-and-answers-on-the-builders-lien-act/overview/) - Category description
- [Chapters](https://www.bcli.org/bcli-resources/category/questions-and-answers-on-the-builders-lien-act/chapters/)

## Sector

- [Family Law](https://www.bcli.org/sector/family/)
- [Consumer Protection](https://www.bcli.org/sector/consumer-protection/)
- [Corporate & Commercial Law](https://www.bcli.org/sector/corporate-commercial/)
- [Disability Law](https://www.bcli.org/sector/disability/)
- [Elder Abuse](https://www.bcli.org/sector/elder-abuse/)
- [Human Rights Law](https://www.bcli.org/sector/human-rights/)
- [Property Law](https://www.bcli.org/sector/property/)
- [Technology Law](https://www.bcli.org/sector/technology/)
- [Tort Law](https://www.bcli.org/sector/tort/)
- [Practical Tools & Resources](https://www.bcli.org/sector/practical-tools/)
- [Wills & Trusts](https://www.bcli.org/sector/wills-trusts/)
- [Workplace Law](https://www.bcli.org/sector/workplace/)
- [Law Reform Commission](https://www.bcli.org/sector/law-reform-commission/)

## Year

- [2021](https://www.bcli.org/project-year/2021/)
- [2020](https://www.bcli.org/project-year/2020/)
- [2019](https://www.bcli.org/project-year/2019/)
- [2018](https://www.bcli.org/project-year/2018/)
- [2017](https://www.bcli.org/project-year/2017/)
- [2016](https://www.bcli.org/project-year/2016/)
- [2015](https://www.bcli.org/project-year/2015/)
- [2014](https://www.bcli.org/project-year/2014/)
- [2013](https://www.bcli.org/project-year/2013/)
- [2012](https://www.bcli.org/project-year/2012/)
- [2011](https://www.bcli.org/project-year/2011/)
- [2010](https://www.bcli.org/project-year/2010/)
- [2022](https://www.bcli.org/project-year/2022/)
- [2009](https://www.bcli.org/project-year/2009/)
- [2008](https://www.bcli.org/project-year/2008/)
- [2007](https://www.bcli.org/project-year/2007/)
- [2006](https://www.bcli.org/project-year/2006/)
- [2005](https://www.bcli.org/project-year/2005/)
- [2004](https://www.bcli.org/project-year/2004/)
- [2003](https://www.bcli.org/project-year/2003/)
- [2002](https://www.bcli.org/project-year/2002/)
- [2001](https://www.bcli.org/project-year/2001/)
- [2000](https://www.bcli.org/project-year/2000/)
- [1999](https://www.bcli.org/project-year/1999/)
- [1998](https://www.bcli.org/project-year/1998/)
- [1997 or earlier](https://www.bcli.org/project-year/1997-or-earlier/)
- [2023](https://www.bcli.org/project-year/2023/)
- [2024](https://www.bcli.org/project-year/2024/)
- [2025](https://www.bcli.org/project-year/2025/)
- [2026](https://www.bcli.org/project-year/2026/)