Completing a real estate transaction is tough on trees. The amount of paper required for our file alone (not to mention the realtor’s file/mortgage broker’s file/other lawyer’s file/ect...) is significant. Sale files are not that bad but purchase and mortgage files can get quite thick. In....
There are many days and weeks given a special meaning. While today is Earth Day, on April 16th it was National Advance Care Planning Day, which was celebrated by a panel of speakers discussing advance care planning at UBCO. If you missed that day, you....
As our society ages, we are increasingly assisting clients where they do not have immediate or close family members, or any surviving family members at all. In such a situation, we are asked to help our clients determine who will be in charge of managing....
Substantial amendments to the Power of Attorney Act came into effect on September 1, 2011. In many respects, the changes are simply a codification of the rules that already exist at common law relating to an Enduring Power of Attorney. Over 30....
It has become a fairly common Estate planning tool for people to give a Power of Attorney. These are made in contemplation of the circumstance that if you are unable to look after things yourself, then the person you have appointed can do so on....
Investor Alert: BCSC issues warning about Hines Aircraft Company Vancouver - The British Columbia Securities Commission is warning the public to be aware of Hines Aircraft Ltd., a British Virgin Islands company that claims to be developing aircraft propulsion technology. Hines Aircraft has engaged individuals in B.C.....
It is becoming more common to see developments that include a combination of both commercial and residential uses. While these mixed-use developments can have some issues that need to be resolved from time to time, if they are properly set up, the issues are usually....
Our annual Law Society fees include some funds set aside for the Vancouver Bar Association’s work on a magazine called “The Advocate”. It’s a monthly publication sent to BC lawyers which includes a lot of litigation related articles, with the odd nugget thrown in for....
When purchasing a home, you will need to decide how to register your title. This will involve at least some basic estate planning choices being made. The most common option is for spouses to register as joint tenants. This means they will each own an undivided....
Understand your duties as an Executor. At some point in your life, you may be asked to be an Executor for a parent, sibling or even a good friend. Before accepting, it’s important to know what your responsibilities will be. Executors are named in a person’s....
Can your ex-employer stop you from working after your employment ends? It is pretty normal to find non-competition and/or non-solicitation provisions in employment agreements in today’s competitive employment market. By signing such an agreement as an employee, you are agreeing not to compete with your employer....
A lease agreement for a business premise is one of the more complicated documents a business owner will encounter. Many issues are covered it a lease agreement some of which are often overlooked during the negotiation process. Overlooking minor issues during lease negotiations can lead....
If you or your limited company own and operate your business, it is important to determine the best way for you to get money out of your corporation. Whether you’re declaring dividends or paying yourself a salary, both personal and corporate tax consequences should be....
Original article @ Forbes.com Have you seen the new “all-star” celebrity line up of Donald Trump’s Celebrity Apprentice? Admit it. Like many Americans, you may feel a guilty pleasure watching celebrities make silly mistakes on national television. While it’s mostly entertainment, there is one area where learning about....
Original article - Business In Vancouver BC’s smaller share of Canadian head offices has kept the salaries of in-house legal counsel below the national average. According to the third compensation and career survey commissioned by the Counsel Network and the Canadian Corporate Counsel Association, in-house lawyers in....
Here's a great article we found discussiing the B.C. Court of Appeal’s decision in Roger William v. British Columbia which has narrowed Aboriginal land claim rights. We are expecting this to be appealed by the Supreme Court of Canada. http://business.financialpost.com/2012/07/18/court-narrows-claim-to-specific-land-areas/ photo credit: Michelle Siu/The Canadian Press....
The Canadian Bar Association recently published some information on the basic importance of having a complete estate plan: http://www.cba.org/bc/public_media/wills/176.aspx. To be frank, your estate plan is something that should definitely not be taken lightly, despite the emotional cloud looming overhead that can often be a....
An up-to-date survey provides purchasers with a visual representation of their property, indicating items such as lot dimensions, house location and outbuildings on the lot, encroachments onto and out of the lot, fences, significant landscape features, easements/rights of way and setbacks. While a survey informs and....
Investing in real estate has paid handsome dividends to many people, especially in the Okanagan. Yet, there are many out there who are simply not cut out for being a landlord of a residential property. It’s not as simple as buying a rental home and....
Guest Blog Post prepared by Steve Schwartz. Steve is a commercial litigation lawyer at the Kelowna law firm Schwartz & Company. Part of Steve's practice is dedicated to foreclosure law, representing both lenders and borrowers alike. For more information on the foreclosure process, feel free....
Guest Blog Post by Ryan McCardell. Ryan can be reached at 604-641-3442 or by email at ryan@remassociates.ca . Given my specialization in handling motor vehicle claims on behalf of injured parties, I have often seen mistakes or omissions commonly made, both because of the stress....
Contracts of Purchase and Sale for real estate must be in writing. As lawyers, we unfortunately often see the contract after subjects are removed or very close to the closing day. Many “terms” are discussed between the parties or just assumed to apply, but never....
Montgomery Miles & Stone Law Firm is very excited to have been named a finalist for the Best Kelowna Law Firm by the readers of Okanagan Life magazine. We thank our clients and those in the community who voted for us.....
Deanna Stone practices in the same areas as both Richard and Dave: Real Estate, Business Law, and Wills, Trusts & Estates plus she handles native land transactions on Westbank First Nation lands. You can reach Deanna by calling her directly at 250-980-3362 or by email....
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Let’s face it, at some point in your life your children are going to come looking for money. Many parents find themselves frequently becoming their children’s willing (or unwilling) creditors. From simple promissory notes, payable on demand, to more complex instruments such as....
Homeowners should now be receiving their annual property tax notice in the mail from their respective municipality. While the receipt of this notice is never a joyous occasion for a homeowner, this year may be an exception for those of us living outside the Lower Mainland areas. In....
Under traditional company law, incorporated companies were managed by a board of directors. The board of directors would appoint officers such as CEO, CFO or President, Vice-President, Secretary and Treasurer, to carry our certain duties. There were rules in place up until 2004 that the....
Montgomery Miles is looking for a new staff member to join its busy team. We are looking for an experienced legal professional with the necessary background and experience to be considered a “jack of all trades” such that you could handle working in any of....
NEW TAX REBATES: FIRST TIME NEW HOMEBUYERS’ BONUS New first time homebuyers got some GREAT NEWS when the British Columbia Provincial Budget for 2012 was announced in February. Not only was the HST Rebate Threshold for new home purchases increased from $525,000.00 to $850,000.00, increasing the maximum....
As a busy conveyancing firm, we see transactions with all sorts of unique aspects. Often we wonder why a decision was made to do X, and wish that we did have the opportunity to speak to a client before the contract was finalized. As this....
The challenges that people face in making an estate plan for a blended family will cause most people to lose sleep. Once decisions have finally been made, the challenge is still not over. Family dynamics, relationships and priorities constantly change, so the matter must be....
It has become quite common for a real estate purchase agreement to provide a subject clause that the deal will be subject to the purchaser checking the title to the property. Stop right there! This is a very important clause and should not be waived....
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