Monthly Archives: February 2013

ILN Today Post

Liens – Extraordinary Remedy!

By Satinder Sidhu

Our Court of Appeal has said that the Builders Lien Act (the “Act”) is a statute that creates extraordinary remedies. Without the Act, there is no rule or precedent at common law that allows property to be encumbered by a builders lien. Accordingly, our Court of Appeal has said that the Act must be interpreted in a strict fashion. Our courts have no authority to add to the substantive rights of a lien claimant unless specifically provided for in the Act.

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ILN Today Post

Health and Safety in the Workplace

The Mental Health Commission of Canada (MHCC), the Bureau de normalisation du Québec (BNQ) and CSA Group have released Canada’s first national standard focused on promoting a psychologically healthy and safe workplace (the “Standard”). Providing systematic guidelines to identify and deal with psychological hazards in the workplace, the Standard can be used by any organization, regardless of size and complexity, to supplement existing efforts or to create new policies and processes.

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‘Au revoir’ and ‘Adios’ – An employee does not have the right to insist on transferring his place of work

By Allyson Baker

In a mobile world where many employment tasks can be performed remotely, it is not uncommon for employees to change work locations, moving to another part of the province, across Canada or to other parts of the world, while continuing to work for the same employer. However, in two 2012 decisions, Staley v. Squirrel Systems of Canada Ltd. and Ernst v. Destiny Software Productions Inc., the BC Supreme Court made it clear that an employee is not entitled to insist that the employer must agree to relocate an employee to a location of the employee’s choosing, absent a contractual term providing for such a right. Accordingly, if the employee moves without the employer’s permission, it would entitle the employer to terminate the employee for cause.

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TSXV Extends Temporary Relief from Certain Pricing Requirements

By way of Bulletin/Notice to Issuers dated August 17, 2012 (the “Original Bulletin“), TSX Venture Exchange (“TSXV“) implemented, on a temporary basis, relief from certain existing pricing requirements related to Private Placement financings. The three temporary measures (the “Relief Measures“) are as follows:

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BCSC to End Finder’s Fees for Capital Raising Except by Registered Dealer

Many TSX Venture Exchange listed issuers and numerous private companies looking to go public have used “finders” to help them raise capital. These finders are most often not registered brokers or exempt market dealers, and are paid a finder’s fee for locating and introducing participants in private placements conducted by the issuer.

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Testamentary Automony in Action

Much of the estate litigation we see involves disappointed beneficiaries who expected to receive a larger portion of the deceased’s estate.  However, Ray Falk formerly of Illinois, named two actors he did not know as the major beneficiaries of his estate worth up to $1 million.

The starting point when making a Will in British Columbia is that the testator has testamentary autonomy – the right to leave your assets to whomever you wish.  However, testamentary autonomy is not absolute.  It is subject to various exceptions, including having the requisite capacity to make a Will, to being free from undue influence of others, and to the Wills Variation Act, which requires that adequate provision be made to the testator’s spouse and children.

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Week of February 18, 2013 on ILNToday – A Roundup!

It feels more like Monday than Friday here, so without further ado, your roundup!

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Match-fixing and doping scandals – the potential fallout

Europol, Europe’s intelligence-sharing agency, has announced it is currently investigating match fixing in football “on a scale that has not been seen before”. The investigation which started in Germany, Finland and Hungary has since been extended to include Slovenia and Austria. It has been running for 18 months and, in that time, Europol has identified 425 individuals who may be involved and has looked at 680 suspect matches in 30 countries. More…

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Privy Council to Bahamian Land Owners: “Register Your Land”

A recent decision by the Privy Council ended years of battle over who has right to property ownership in a case where the same piece or pieces of property were sold more than once — the current owners who recorded their title or the previous owners who bought in good faith but failed to register title.

While the legal issues were complex, the Privy Council’s decision was clear cut — ownership goes to the party who has the recorded and stamped title. More…

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Business Restructuring and Bankruptcy Alert: Recent legislative amendments impact Ohio’s property exemption statute, Fraudulent Transfers…

On December 20, 2012, Governor Kasich signed into law Am. Sub. H.B. 479 (Act), which becomes effective on March 27, 2013. The Act, among other things, makes certain changes to Ohio’s exempt property statute, modifies the Ohio Uniform Fraudulent Transfers Act, clarifies the secured transactions recording law, and prohibits a post-closing solvency covenant from being used as a nonrecourse carveout in nonrecourse loans.

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