One of the first questions that comes to the minds of people that are recently separated is how to document any agreement between them and their former spouses on issue such as the division of property, care and time with children, child support and spousal support. Often referred to as separation agreements, these documents formalize…
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By Dennis Ryan, Partner and Head of Natural Resources, Lee Turner, Managing Partner, and Nikita Gush, Associate at Doak Shirreff Lawyers LLP, Kelowna, BC The British Columbia government recently passed the Forest Amendment Act, 2019 SBC c 31 (“Bill 22”), which received royal assent on May 30, 2019. This paper will provide a background of…
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Can you use recordings in family law proceedings? Can you? Yes. Should you? That’s not as easy to answer. While courts may allow audio or video recordings of private conversations to be admitted (subject to the general rules of evidence, and subject to whether the prejudicial effects of the evidence outweighs its probative value), the…
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Unfortunately this is not an uncommon statement heard by many family lawyers. Both men and women are forced to stay in an unhealthy and abusive relationship because they fear what will happen to them or their children if they attempt to leave. What are your legal options in these circumstances and what can a lawyer…
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A case comment by Nikita Gush, Articled Student & Dennis Ryan, Partner and Head of the Natural Resources Group at Doak Shirreff Lawyers LLP, Kelowna BC © 2019 The Supreme Court of Canada (“SCC”) recently held that a trustee of a bankrupt company must attend to the bankrupt’s environmental remediation obligations in priority of satisfying…
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When a company is incorporated, you and your fellow owner/s may be getting along well – after all, you made the decision to start a business because your ideas and vision were aligned. However, like any relationship, there are likely to be ups and downs, and it is important to have a plan in place…
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Written by Michael Sinclair, Partner & Nikita Gush, Articled Student Many business owners wonder how their business will be affected by their separation or divorce. They are concerned to what extent their family law proceedings could intrude on the operation of their business. Recent case law has shed light on the issue of how the…
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Is it wise to negotiate your own family law settlement? Sound investment advice includes spending money on the right things. Where spending money stands to either make you money or save you money in excess of the amount spent, that is normally a wise investment. Many people negotiate their own resolution to family law issues…
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It often comes as a bit of a surprise to employees that their employment can be terminated at any time, without cause, regardless of their length of service, age or position, provided that the employer provides reasonable notice of the termination with either working notice or pay in lieu of notice. What is reasonable notice…
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Constructive dismissal is one of the most confusing areas of employment law. Not all employer conduct is sufficient to trigger a legitimate claim for constructive dismissal and conduct that would otherwise seem innocuous may trigger a legitimate claim. What is Constructive Dismissal? Constructive dismissal happens when an employee resigns from their position because the employer…
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