While the general rule of thumb for the maximum reasonable notice that a court will award to a terminated employee hovered around 24 months. Regardless of the length of service or other factors, the line in the sand for maximum reasonable notice has slowly eroded over the past few years, particularly in Ontario Courts. This…
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When Is a Statutory Building Scheme No Longer Enforceable? Unfortunately, the answer to that question is, “it depends”. A statutory building scheme is a document that is registered on title to properties within a subdivision imposing terms that limit what a homeowner can do with his or her property. Statutory building schemes can be very…
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Once you have an accepted offer to purchase a property the very next thing you should do is send that contract to your Kelowna real estate lawyer. Real estate lawyers want your contract as early as possible so we can collect information on the property and so we have time to complete a title review. The…
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With the recent legalization of cannabis in Canada, commercial real estate property and commercial leasing are in high demand for businesses seeking to operate legal cannabis dispensaries in Kelowna and throughout Canada. The Cannabis Act ensures a strict legal framework for controlling the production, distribution, sale, and possession of cannabis. In British Columbia, local, provincial and federal laws dictate…
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Effective January 1st, 2019 there will be new changes to REDMA (Real Estate and Development Marketing Act). The changes pertain to the assignment of contracts for developments like Ella, One Water, Brooklyn, and other strata condos in town. With these new changes, if a purchaser wants to assign their contract before they complete their purchase…
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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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