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June 9, 2010

Underground storage tank liability and removal

Underground storage tanks (“USTs”) are a potentially major source of liability for residential property owners.  These tanks can contain contaminants and corrode over time, polluting soil and groundwater.  Removing USTs and remediating the land they pollute can be very expensive – in one recent case, costs exceeded $200,000. The law may require landowners to remove [...]



April 27, 2010

Notice

The determination of what constitutes reasonable notice is dependent on the facts of the case, having regard to the character of the employment, the employee’s length of service, the age of the employee and the availability of similar employment. However, dismissed employees have a duty to take reasonable steps to mitigate their losses. Contact Robert [...]



April 27, 2010

Wrongful Dismissal and Constructive Dismissal

An employee who is not dismissed for cause is entitled to be given reasonable notice of dismissal or pay in lieu of reasonable notice by their employer. Where an employee has not been given sufficient notice, he or she may sue for wrongful dismissal. Grounds for just cause are generally narrow, and the onus is [...]



April 27, 2010

Employer/Employee Relationships

Here are some tips from a lawyer’s perspective: The employer-employee relationship is one of the most common legal relationships in our society. Though these relationships are for the most part simple and straight-forward, the laws and principles which constitute “Employment Law” can create pitfalls for the unwary. The following tips are given for the purpose [...]



April 27, 2010

The Process of the Coroner

The two major components — investigative and judicial — merge to form the basis of the raison d’etre of its function — the prevention of death. An investigation by a coroner serves as an external manifestation of public concern with the preservation and protection of human life. Primarily, the coroner’s investigation is a means of [...]



April 27, 2010

Coroner’s Court

Coroners are charged with investigating the death of people in circumstances described as “sudden and unexpected.” Coroners not only identify the deceased, but also determine the medical cause of death, define the manner of death and the circumstances surrounding the death. The underlying benefit of an inquest is the emphasis on preventability of like deaths; [...]



April 26, 2010

Probate

Probate is the procedure by which a Will is approved by the Supreme Court of British Columbia as the valid and last Will of the deceased and also confirms the appointment of the person named as executor in the Will, recognizing the authority of the executor. The executor will receive a document from the Court [...]



April 26, 2010

Executor

An executor is the person who you appoint in your Will to be responsible for administering your estate upon your death. Duties of an executor include: Making final funeral arrangements in accordance with your wishes; Probating the will; Gathering assets and paying the debts of the estate, including funeral expenses; Filing outstanding tax returns; Obtaining [...]



April 26, 2010

Planned Giving

Planned Giving is making a charitable gift in such a way that you (as the donor) can maximize tax savings and financial benefits for yourself and/or your estate, while fulfilling your philanthropic goals. The gift may be a one-time donation, a series of payments over a set period of time, or ongoing support. It may [...]



April 26, 2010

Trusts

A Trust is a legal arrangement whereby a person (the “settlor”) gives property to another person (the “trustee”) to hold for the benefit of one or more persons (the “beneficiaries”). Trusts established while a settlor is still alive are called “inter vivos trusts.” A legal document which sets out the terms of an inter vivos [...]



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