Clark Wilson LLP
900 - 885 West Georgia St V6C 3H1 Vancouver, BC, Canada

Clark Wilson LLP is proud to be a Gold sponsor of the Alzheimer Society of B.C.’s Breakfast to Remember event, taking place March 4, 2021.

On March 1, 2021, the provincial government announced proposed legislation that will increase the hurdles faced by landlords wishing to complete renovations in tenanted residential property. The proposed legislation seeks to both prevent renovictions, and to extend the current provincial rent freeze to December 31, 2021. If passed by the B.C. provincial government, this legislation will come into effect on July 1, 2021. Read more here: https://bit.ly/3kCUhzb

In a recent decision, the British Columbia Supreme Court grappled with an estate dispute where a deceased was survived by two spouses. This unique decision, involving a deceased who was the victim of homicide, gave the Court an opportunity to consider whether the Wills, Estate and Succession Act [WESA] gave both spouses legal status in respect of the Estate, and whether doing so would condone polygamy. Read more here: https://bit.ly/2MEIxzw

We are proud to announce that Neil Melliship has been recognized by Lexpert Canada as one of Canada’s leading practitioners in the area of technology law in their Special Edition: Technology Law 2021. Neil has over 30 years of experience in technology, intellectual property and trademark law, and is the Co-Chair of our Intellectual Property and Information Technology groups at Clark Wilson. Congratulations, Neil!

Today, March 1, 2021, marks the coming into force of significant changes to the Divorce Act. These changes were originally to come into effect last year, however they were delayed due to #COVID19. Our Family Law Group highlights the changes in our latest article: https://bit.ly/3kDU52v

Canadian employment law affords a great deal of protection to employees, and non-Canadian employers are often unaware of significant potential liabilities and how to minimize them. If you missed our recent employment and immigration webinar, a video recording can now be viewed here: https://bit.ly/2O277uv

On January 19, Raman Johal will be joining the Royal Columbian Hospital Foundation for a virtual event, The Power of Philanthropy in Building Client Relationships. The session will discuss the importance of building trust and deepening relationships with your clients. Learn more and register now: https://bit.ly/3sw2l8a

Mark Weintraub, Q.C. and Amy Mortimore were recently interviewed by Alina Gorokhovsky, the CEO of SCG Legal, to discuss their recently published textbook, Estate Litigation in British Columbia. The interview highlights a number of key estate litigation issues that are unique to British Columbia, in addition to Mark and Amy’s experience on the book writing process itself. Learn more and view the interview here: https://bit.ly/35zVgtA SCG Legal is a global network of leading law firms that enable its members to serve clients through a trusted referral network of experienced legal counsel. The network spans over 100 jurisdictions, representing many of the world’s largest organizations on a wide range of economic, political and regulatory matters.

On January 1, 2021, Amendments to the Capital Pool Company program of the TSX Venture Exchange came into effect, including greater flexibility and accessibility to growth and development-stage companies. Bernard Pinsky, Q.C. and Angela Yousofi outline these changes in our latest article: https://bit.ly/39BmmBE

A society is often established to support an educational, charitable, sporting, environmental or other purpose. Despite its good intentions, and the requirement to operate in a manner that complies with the law, disputes can arise. In our latest article, Raman Johal and Julia Tikhonova identify various options for resolution under the Societies Act or the Civil Resolutions Tribunal Act: https://bit.ly/3nK1bCu

The Canadian Construction Documents Committee (CCDC) recently updated the CCDC 2 Stipulated Price Contract. Scott Lamb and Rosalie Clark summarize these changes, and how it may affect owners and contractors. Learn more here: https://bit.ly/2XBWNef

January is Alzheimer's Awareness Month. As part of our involvement, Emily Clough will be hosting a #webinar with the Alzheimer Society of B.C. to discuss the impact of the pandemic on dementia and long-term care. Learn more and register now: https://bit.ly/3nGn8Cq

A recent BC Supreme Court decision clarified the effect of a BC Ferry Agreement, on the joint and several liability of remaining non-settling parties. In our latest article, Raman Johal and Brooke Fortugno explain what a BC Ferry Agreement is and provide an in-depth review of the case law. Read the article here: https://bit.ly/2JS5wWo

On November 27, Samantha Ip and Satinder Sidhu will be presenting a webinar hosted by the The Canadian Bar Association / L'Association du Barreau canadien on COVID-19 Liability Protection & Coverage. This presentation is in response to the growing litigation brought about by the pandemic, where several jurisdictions have now enacted liability protection legislation. Learn more and register now: https://bit.ly/3pJml5Q

While a missing person may be presumed dead, there are certain legal contexts in which a formal declaration that a missing person has died must be sought. In British Columbia Estate Litigation, Mark Weintraub Q.C., Amy Mortimore and contributing authors provide guidance and litigation strategies for an application for a presumption of death order. Learn more: https://bit.ly/3kLP3jr

Are you preparing, or in the process of selling your business? If so, there are five important points about confidentiality that you need to know. In the first of our newest video series, Secrets of Selling Your Business, Don Sihota shares how the importance of confidentiality may affect the sale of your business. This video will only be available for a limited time, so don’t miss out! You can watch the video here: https://bit.ly/2UE6189

Wishing you a very Happy Diwali.

Today is the last day to vote in the Law Society of British Columbia's Bencher election for the Vancouver County! Voting ends today at 5:00 PM PST. We encourage you to consider voting for Emily Clough. Learn more Emily and the changes she hopes to effect, here: https://bit.ly/3ou3YkY

A recent Albert Court of Appeal case demonstrates the importance of understanding the scope of a faulty workmanship exclusion clause in an all-risk property policy. In this case, during the performance of a construction project the plaintiff condominium reported a claim for property damage caused by one of their contractors which was found not to be entirely excluded under a faulty workmanship exclusion clause. In our latest article, Denny Chung provides more information on the results of the case and key takeaways: https://bit.ly/3lrTfpl

Don't miss out on our upcoming Employment & Labour webinar on November 5, 2020. Andrea Raso, Anne Amos-Stewart, Catherine Repel and Debbie Preston will be presenting on the following topics: 1. COVID-19 Pandemic: A Retrospective and Prospective Look at Employment Issues 2. Technology & Surveillance 3. Avoiding "Toxic" Workplaces... Register now: https://bit.ly/2SS0DNR

In BC, a child or spouse can ask the Court to vary their loved one’s #Will if they have not been adequately provided for by the deceased. In British Columbia Estate Litigation, Mark Weintraub Q.C., Amy Mortimore and contributing authors provide guidance on how to manage this type of dispute. Learn more: https://bit.ly/3kLP3jr

Clark Wilson is pleased to welcome three new lawyers to our growing team: Angela Yousofi, Debbie Preston and Nick Carlson. Angela joins our Capital Markets, Securities, Mergers & Acquisitions Group. Debbie joins our Employment & Labour and Insurance Groups. Nick joins our Banking, Insolvency & Restructuring and Business Litigation Groups. Learn more about each lawyer here: https://bit.ly/3ovYeqT

Clark Wilson is proud to support Emily Clough in the upcoming Bencher by-election for the Vancouver County with the Law Society of British Columbia. As a Bencher, Emily will work to uphold the public interest mandate of the Law Society with a notable focus on: 1. Support for Mental Health and Wellness 2. Access to Justice 3. Mentorship, Diversity and Collegiality... Emily has played an integral role in shaping the wills and estates community, in particularly with elder law, and continues to advocate for the mental health and wellness of both lawyers and the general public alike. To learn more about Emily and the changes she hopes to effect, click here: https://bit.ly/3ou3YkY

Property insurers in Canada must address an ever increasing array of claims, including claims for property damage where no actual tangible damage has been suffered. Insureds may seek coverage for the loss of use or some impairment of function of the property. In our latest article, Satinder Sidhu considers recent caselaw to further explain: https://bit.ly/2HdI7h3

On October 16, 2020, the Supreme Court of Canada released its decision, ruling that a group of women enrolled in the RCMP job-sharing program while raising young children, were unfairly denied the opportunity to buy back their pensions. This arrangement was ultimately found to breach section 15(1) of the Charter. Our Employment & Labour Group explains more in our latest article: https://bit.ly/35e3UNe

What happens when a person has made significant contributions during a loved one’s life, and reasonably expected to be compensated for their efforts on that person’s death, but no compensation is paid? The contributor may have an unjust enrichment claim against the estate. In British Columbia Estate Litigation, Mark Weintraub Q.C., Amy Mortimore and contributing authors provide guidance on how to manage this type of dispute. Learn more: https://bit.ly/3kLP3jr

On October 20, 2020, Zachary Rogers will be presenting a webinar with the Canadian Bar Association - BC Branch (CBABC) on Thorny Issues in Estate Administration. In particular, Zachary will be presenting a case comment on the Ontario Superior Court decision, Calmusky v Calmusky, 2020 ONSC 1506. Learn more and register now: https://bit.ly/31nlHQW

Did you know there is a two-step inquiry when determining the damages for a terminated employee? In a recent decision by the Supreme Court of Canada, a dismissed employee was entitled to a long term incentive plan payment of $1 million. Learn more in our latest Employment & Labour article: https://bit.ly/35tBuPN

Clark Wilson was delighted to be a part of the Ronald McDonald House BC and Yukon's Home for Dinner last night. The event is intended to help families staying at the Ronald McDonald House feel a piece of home through home-cooked meals provided by others in our community. To learn more about the RMH, click here: https://bit.ly/31ctTDy

In a recent decision, the British Columbia Court of Appeal signaled an expansion of the circumstances in which aggrieved minority shareholders can seek relief under the oppression remedy contained in the BC Business Corporations Act. In our latest article, Brent Meckling explains the importance of this decision, and how it may affect both minority and majority shareholders. https://bit.ly/2HaeKvm

On October 27, 2020, Amy Mortimore and Zachary Rogers will be presenting a webinar with People's Law School - BC on contesting a will in British Columbia. The webinar will answer common questions on topics such as the validity of a will, concerns about undue influence, or family members feeling unfairly treated. Learn more about the event, and register now: https://bit.ly/3lQXzhK

On October 21, 2020, Jeff Holowaychuk will be presenting a webinar with SFU VentureLabs on sales & licensing agreements and contracts. Learn more and register now: https://bit.ly/3j0LRis

The pandemic, peeping toms and poisonous workplaces. On November 5, 2020, Andrea Raso, Anne Amos-Stewart, Catherine Repel and Debbie Preston will be hosting a webinar on current employment and labour issues. Topics covered will include: a retrospective and prospective look at employment issues and the COVID-19 pandemic, technology and surveillance, and avoiding toxic workplaces. Register now: https://bit.ly/2SS0DNR