In this issue - #128 October 30, 2009

  1. British Columbia’s Court Of Appeal Upholds Return Of Child To Ireland 
  2. Are Humans The Weak Link? 
  3. Buying a Home: The Impact of the HST  
  4. Perception Is Reality for Self-Governing Professions 
  5. The Term Contract Trap 
  6. Parents Can’t Waive Children’s Right To Sue 
  7. Cell Phones in Cars Banned; Motor Vehicle Amendment Act, 2009 (Bill 15) 
  8. The Pocket Spy: Will Your Smartphone Rat You Out? 
  9. Accelerated Completion Date Entitles Purchasers to Rescission 
  10. Security for Costs in Builders Lien Claims  

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British Columbia’s Court Of Appeal Upholds Return Of Child To Ireland

The Court of Appeal of British Columbia recently handed down its first case regarding the interpretation of Article 13 of the Hague Convention on the Civil Aspects of Child Abduction to which Canada is a signatory. In the case of Beatty v. Schatz, 2009 BCCA 310, the Court was hearing an appeal on an expedited basis from the father of an 11 year old boy who was ordered to be returned to Ireland to complete the custody determination for the child in Ireland.

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Are Humans The Weak Link?

It’s a busy time in the news for the world of employment.  Much of the recent news proves that humans can be the weak link in the chain when it comes to the employment relationship.

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Buying a Home: The Impact of the HST - by Una Gabie

 As most people are aware, the harmonized sales tax was introduced for British Columbia on July 23, 2009.  Many people are wondering how the new tax, which will be effective on July 1, 2010, will impact the real estate industry including the purchase of new and used residential homes.

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Perception Is Reality for Self-Governing Professions - by Robert Smithson

Many employees nowadays belong to self-governing professions.  Lawyers, doctors, accountants, and engineers are just a few of the many.

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The Term Contract Trap - by Robert Smithson

There are two types of employment contracts, indefinite and limited-term.  The misuse of the latter, and the resulting liability, is a trap into which employers routinely stumble.

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Parents Can’t Waive Children’s Right To Sue

 Parents have no right to waive their children’s right to sue, according to a  recent B.C. Supreme Court decision.

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Cell Phones in Cars Banned; Motor Vehicle Amendment Act, 2009 (Bill 15)

 Bill 15 requires that a person must not use an electronic device while driving or operating a motor vehicle on a highway. 

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The Pocket Spy: Will Your Smartphone Rat You Out?

 Navigator, accountant and secretary in one, it knows more about you than you think and it'll spill its secrets to anyone who has ways of making it talk

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Accelerated Completion Date Entitles Purchasers to Rescission
In a recent decision of the British Columbia Supreme Court, an acceleration of the estimated completion date was sufficient to justify the remedy of rescission for two purchasers of condominium units. 
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Security for Costs in Builders Lien Claims

In a recent decision the B.C. Court of Appeal has upheld a Supreme Court decision doing away with the requirement to post security for costs when an application is made to discharge a builder’s lien from title to lands.

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