In recent months, Veterans Ombudsman, Guy Parent, has questioned the manner in which the Veterans Review and Appeal Board handles hearings, noting that there are “systemic” problems in the way in which the Board makes decisions. In numerous cases, the Federal Court found that the Board failed to act in accordance with its legislated mandate and breached the principles of procedural [...]
Tag Archives: Legislation
Federal Court overturns Veterans Review and Appeal Board decision
Posted July 17, 2012 | Disability, Federal Court, Legislation, Litigation, Uncategorized, Veterans affairs, | Leave a comment
BC ruling may affect Corporate Tax Planning
Posted May 1, 2012 | Bankruptcy and Insolvency, Business Development, Commercial Transactions, Corporate Compliance, Fraud, Legislation, Litigation, Real Estate, | Leave a comment
A recent Court of Appeal decision from British Columbia may have devastating consequences for businesses engaged in corporate tax planning and asset protection. In Abakhan & Associates Inc. v. Braydon Investments Ltd. (“Braydon“), the Court of Appeal held that any transfer of assets made with a view to protecting such assets from current and/or future creditors might [...]
Spousal Support in Canada
Posted April 16, 2012 | Family law, Legislation, | Leave a comment
In Canadian Family Law, spousal support is available for married spouses and common law partners. The two main purposes of spousal support are: the need for one party to receive support; and compensation for sacrifices in earning power made during the relationship. There are some difficulties when determining the quantum of spousal support. Specifically, it is important to note that spousal [...]
Federal Government makes changes to Immigration funding in Manitoba
Posted April 13, 2012 | Employment Standards, Immigration, Labour and Employment, Legislation, Limitations, Residence, | Leave a comment
The federal government is taking big steps to take back control over immigration in Manitoba. Newcomers already in Manitoba and future immigrants will be affected. The first big change is to settlement services. The federal government has been transferring approximately $36 million each year to Manitoba to pay for settlement services for immigrants, such as language training, [...]
POTENTIAL PROBLEMS FOR LENDERS USING “ALL OBLIGATIONS MORTGAGES”
Posted March 27, 2012 | Commercial Transactions, Legislation, Mortgage, Personal Property Secured Transactions, Real Estate, | Leave a comment
An “All Obligations” mortgage is one which, by its terms, secures all of the mortgagor’s present and future obligations of all types, from time to time owed to the mortgagee, limited at any one time to the maximum principal or face amount stated in the mortgage. This type of mortgage has become increasingly popular with [...]
You Inherit, They Tax
Posted March 26, 2012 | Banking Law, Estate Planning, Family law, Legislation, Property distribution, Tax Planning, Taxation, Wills, | Leave a comment
If you are contemplating your estate plan and concerned with issues that will affect the legacy you leave to your loved ones, you should read the Winnipeg Free Press article by Joel Schlesinger in the Money Matters column on March 24th, 2012 in which I was interviewed. To view a copy of the article, click here.
PitbLAWg may be AWOL on January 18, 2012.
Posted January 17, 2012 | Blogs, E-mail, Identity Theft, Intellectual Property, Legislation, Mobile devices, Online Reputation Management, PIPEDA, Privacy, Privacy Commissioner, social networking vehicles, Social Networking Websites, Uncategorized, | Leave a comment
In a USA Today article “TwitPic, WordPress to go dark for online SOPA protest” Yamiche Alcindor reported that WordPress, along with other websites will not available on Wednesday January 18, 2012 to protest the proposed US legislation, Stop Online Piracy Act and the Protect Intellectual Property Act. WordPress is the host site for PitbLAWg. If WordPress [...]
Expansions of the Concept of Latent Defects in Residential Real Estate Transactions
Posted December 8, 2011 | Access to Information, Condominiums, Due Diligence, Legislation, Mortgage, Real Estate, Uncategorized, | Leave a comment
A purchaser of residential real estate closes the transaction, moves in and then subsequently discovers that there is a convicted pedophile living across the street. The new purchaser has a young family living with him. Is the existence of the neighbouring pedophile a “latent defect” under real estate contract law sufficient to enable the purchaser [...]
Canada Not-for-profit Corporations Act takes effect October 17, 2011
Posted November 28, 2011 | Corporate Compliance, Corporate Information, Legislation, Not-for-profit Corporations, Uncategorized, | Leave a comment
If you are involved with a federally incorporated charity or non-profit corporation, you need to know that the law has recently changed and that you must take steps to address this. To learn what is required and how this change in the law will affect your organization, take a look at the PitbLAWg post by [...]
Sharing property after marriage breakdown
Posted November 10, 2011 | Family law, Personal Property Secured Transactions, Property distribution, | Leave a comment
Many times, clients do not know how to deal with jointly owned property after their marriage or common law relationship has broken down. In his recent Whiteboard session on this topic, Les Kirchner discusses who is affected by property laws, what constitutes property, and how to define the general property categories. Les points out that the [...]