Joint ownership of accounts between spouses is common and, in the majority of cases, advisable. However, we are frequently asked by clients if they should add an adult child to their bank accounts. This is almost always ill-advised. Joint ownership often comes with the “right of survivorship”, meaning that when one account owner dies, the…
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In the event of a left turn accident, where a left turning driver turns in front of an oncoming driver proceeding straight through the intersection, who has the right of way? Is it the driver driving straight through or the driver turning left? The answer is heavily dependent on the facts of each case. Our…
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As of October 17, 2018, cannabis is legal in Canada. The Cannabis Act ensures a strict legal framework for controlling the production, distribution, sale, and possession of cannabis. It is subject to provincial or territorial restrictions. In British Columbia , the legal age to possess or use cannabis is 19 years of age or older.…
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For over 50 years, Doak Shirreff has operated in Kelowna. In those 50 years, our law firm has grown and expanded. We are incredibly proud of the feats that our hardworking Kelowna lawyers have completed, but none of those accomplishments would have been possible without the community of Kelowna. 50 years ago, the population of…
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One of the most discussed recent employment law decisions of the last year has to be Galea v. Wal-Mart Canada Corp., 2017 ONSC 245. Since its release on December 7, 2017, the decision has become the benchmark in employment law as what employer conduct will attract punitive damages. Wal-Mart Canada was ordered to pay the…
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In a recent case from British Columbia, Manak v. Workers’ Compensation Board of British Columbia (cob WorkSafe BC), 2018 BCSC 182, the court held that an employee’s repeated breaches of a confidentiality policy justified the employer to terminate her employment for cause. In employment law, for cause terminations are exceedingly difficult to prove with the…
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How much do you stand to save by preparing a will based on a will kit, or with a notary as compared to a wills and estates lawyer? It is true that there are likely savings to be found and you stand to save even more if you don’t even prepare a will (around half…
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You can spend your entire life building an estate. Naturally, you may find yourself wondering what might happen to the wealth you have built and who should inherit it once you’ve passed away. Creating a testamentary trust is an easy way to give yourself peace of mind and ensure that your estate and your loved…
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A recent North Vancouver strata owner took the Strata Corporation to the Civil Resolution and won. He now is allowed to keep his golden retriever dog. He successfully argued the bylaw that restricted “small dog” was too vague and therefore is an unenforceable bylaw. The decision can be found here. The facts of the case…
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In McLeod v. Frontier Sales, 2018 ONSC 1866, the Divisional Court of Ontario dismissed the appeal by an employer who provided working notice to an employee on disability leave and in turn, sought to reduce the amount of reasonable notice that it was required to provide. The case confirms that working notice provided during a…
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