Search Results for: Real Estate

Pushor Mitchell Partner Andrea East will Co-Chair a live webinar on September 28th, 2021 on Real Estate Development on First Nation Lands.

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Subject to clauses, waiver or satisfaction of subject to clauses, deposits and when deposits become non-refundable are issues in contracts of purchase and sale that often become the subject of litigation.

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The Statute of Frauds and Canadian jurisprudence require that for any contract of real property to be enforceable, it must contain an agreement with respect to three essential elements knowns as the 3 P’s: parties, property and price.

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The 2018 Provincial Budget introduced the government’s 30-Point Plan for Housing Availability in British Columbia.

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The BC Office of the Superintendent of Real Estate released new Real Estate Rules aimed at consumer protection, which will come into effect on March 15, 2018.

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Earlier this month the provincial government’s Office of the Superintendent of Real Estate published proposed rule changes to the Real Estate Services Act.

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When real estate developers consider disclosure requirements they commonly think of the obligations under the Real Estate Development Marketing Act.

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Since 2005, the real estate industry has been self-regulated by the Real Estate Council.

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Theresa Arsenault, Q.C. will chair the PBLI conference “Real Estate Development on First Nation Lands.”

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The Province introduced changes to the laws governing marketing of real estate development this year with changes to the Real Estate Development Marketing Act (REDMA”) in March and new policy statements which will become effective on October 1. My articles relating to those changes can be found here: Real Estate Development Marketing Act – Amendments […]

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Changes to the Real Estate Development Marketing Act (“REDMA”) came into force on May 29, 2014. The Superintendent of Real Estate has introduced amendments to policy statements under REDMA which are designed to complement the changes to REDMA. Changes to the policy statements will require new forms of Disclosure Statements to reflect changes to REDMA, […]

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Real Estate Litigation

We provide advice and represent individuals, businesses and developers in matters relating to real estate including residential, commercial, recreation and development properties. We have experience with a wide range of real estate disputes including: Claims for damages, specific performance and recovery of deposits in relation to purchase agreements Claims with respect to statutory building schemes […]

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Real Estate Development

From concept to completion, real estate development projects are complex risky types of business transactions. Our firm has the experience necessary in this business area to protect our client’s interests through all phases of their project. We represent developers, builders, investors, and landlords with their development projects from initial acquisition, through the approval process, and […]

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Real Estate

Buying or selling property is a major undertaking. Markets fluctuate which can lead to very different strategies depending on whether it is a buyers or a sellers market. Real estate laws and practises frequently change. Deals often close quickly which can be both exciting and stressful. Our real estate lawyers help thousands of clients complete […]

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Since the introduction of the Real Estate Development Marketing Act (REDMA), developers have had concerns that any minor or insignificant variance from the strict compliance of REDMA will permit a purchaser to avoid its obligations under a Purchase Agreement.

First reading has been granted to legislation that will amend the Real Estate Development Marketing Act (REDMA) and will bring greater certainty to the real estate development sector.

The proposed changes are as follows:

Consolidated Disclosure Statement

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In negotiating the settlement of family property and asset division in a family law matter, particularly in relation to the valuation of the family home, parties often argue about whether or not the parties should deduct real estate commissions when one party is looking to buy the other’s interest in the home. The idea behind […]

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The Supreme Court of British Columbia rendered the Tang v. Zhang decision in 2012.  That decision has now been overturned by the British Columbia Court of Appeal.  In the case, Mr. Zhang entered into a Purchase Agreement with the Vendors and paid a deposit of $100,000.  Mr. Zhang failed to complete on the purchase, and […]

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Since 2009, real estate developers (“Developers”) have been subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the “Act”).  Under this Act, Developers are required to comply with the following record keeping and reporting obligations:

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As discussed in previous articles, the combination of Canadian income tax consequences that arise on death in respect of foreign real property and foreign taxes that may apply in respect of that same property may result in double-taxation. Also as discussed in a previous article, one way that such double-taxation may be mitigated or eliminated is by the application of a tax treaty. Another way that such double-taxation may be mitigated or eliminated is through the foreign tax credit.

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As discussed in a previous article, the combination of the Canadian income tax consequences that arise on death in respect of foreign real property and the foreign taxes that may apply in respect of that same property may result in double-taxation. One way that such double-taxation may be mitigated or eliminated is by the application of a tax treaty.

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On February 20, 2009, real estate developers (“Developers”) will become subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the “Act”).  Developers will be required to comply with the following record keeping and reporting obligations:

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In an economy where credit is tight for certain purchasers of real estate, vendors may want to consider alternative financing arrangements in order to make their property more marketable.  Vendors have two primary alternatives: to sell the property to the purchaser under an Agreement for Sale or to sell the property subject to a vendor take-back mortgage. 

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Despite the realtor owing the defendants a fiduciary duty after executing the contracts, the Supreme Court of British Columbia found that no such duty exists in regard to the negotiation of the contracts themselves.

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Leaving a charitable donation in your Will can be a wonderful way to benefit a charity that has meant a great deal to you during your lifetime.

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Additional considerations arise when doing estate planning for indigenous clients. 

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Should I put my Will in my safety deposit box? That is a frequently asked question by many clients of mine.

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There are a number of important considerations which arise where an estate planning client holds shares in a company including legal, tax and financial considerations.

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Leaving a charitable donation in your Will can be a wonderful way to benefit a charity that has meant a great deal to you during your lifetime.

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This article is the first in a series about the intersection of family law and estate planning.

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An Executor/Trustee has a wide range of obligations and responsibilities to fulfill. When doing your Estate Planning and choosing an Executor/Trustee, you have a number of important considerations to keep in mind.

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A life estate is the ownership of property/land for the duration of a person’s life.

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As was discussed in my previous article, Property, Parties, Price – How Far the Court Will Go to Insert the 3 P’s of Real Estate into a Contract, it is critical that parties to a contract of purchase and sale for real property take the time to properly document the terms of their contract.

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Many of us take it for granted that we can meet with our lawyer in person to discuss and sign our estate planning documents which often include a will, power of attorney and representation agreement.

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Oftentimes, my clients will appoint joint Executors in their Wills. This means, they are appointing two people to jointly administer their assets and apply for Probate.

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What does “Estate Administration” actually mean? I often get asked this by my clients.

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In my initial estate planning meeting with clients, one very important question that I ask is “Do you hold your real estate as joint tenants or tenants in common?”

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The job of Executor is an onerous one. You cannot be forced to take on the job when you are named Executor.

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Should I put my Will in my safety deposit box? That is a frequently asked question by many clients of mine.

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“How long does Probate take?” isn’t an easy question to answer as there are a myriad of factors that can delay or lengthen the Probate process.

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Pets are like family. How do we provide for them after we are gone?

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Oftentimes, my clients will appoint joint Executors in their Wills. This means they are appointing two people to jointly administer their assets and apply for Probate.

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An insolvent estate is not necessarily a bankrupt estate.

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Why is it important that an Executor advertises for creditors of an Estate?

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In my initial estate planning meeting with clients, one very important question that I ask is “Do you hold your real estate as joint tenants or tenants in common?” I am often answered with “We are both on the title” which doesn’t really answer my question. The reality is, lots of spouses have owned their principal residence for many years and can’t necessarily remember how they hold title.

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Leaving a charitable donation in your Will can be a wonderful way to benefit a charity that has meant a great deal to you during your lifetime.

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This is an interesting but complex area of the law. The Indian Act sets out a land holding scheme that is meant to preserve the Indian band’s ancestral land base in a communal sense. In line with the purpose of the Indian Act to protect the ancestral land base of Indian bands, only band members can acquire Certificates of Possession in reserve land. Certificates of Possession denote a transfer in rights to land on a reserve from the band as a “commune” to the individual band member.

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A recently released decision of the British Columbia Supreme Court may have brought some clarity to a thorny issue faced by many estate planners: Is it possible for a person to divest themselves of all their assets prior to death if the effect of doing so is to disinherit a spouse or child?

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Pursuant to the Real Estate Services Act (the “Act”), as of January 1, 2009, individual realtors may now form personal real estate corporations. Advice from professional advisors, such as Accountants and Lawyers, is extremely important to ascertain whether incorporation is right for an individual realtor. Every realtor’s situation is different and it is important to remember that tax/legal advice may vary greatly depending on a realtor’s individual circumstances. 

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Pushor Mitchell Lawyer Andrea East is Co-chair of an in person two day Pacific Business & Law Institute conference in Vancouver on November 23 & 24, 2022 on the topic of Real Estate Development on First Nation Lands.

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The newly proposed draft Underused Housing Tax Act is the first federal legislation aimed at countering real estate speculation and vacancy rates in Canadian real estate.

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The Office of the Superintendent of Real Estate (OSRE) has released a new information brochure for consumers looking to purchase a pre-sale condo.

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Over the past few months there has been a substantial increase in real estate activity.

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The Office of the Superintendent of Real Estate announced the release of Policy Statement 17, which temporarily amends Policy Statement 5 and Policy Statement 6 in relation to the nine month early marketing period.

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The Province of British Columbia has approved the amendments to REDMA and the Real Estate Development Marketing Regulation in order to facilitate the disclosure of information to provincial and federal authorities

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Brian Stephenson, a real estate and business lawyer at Pushor Mitchell, will be continuing his term with the Board of the Downtown Kelowna Association.

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The B.C. Government has introduced draft legislation to amend the Real Estate Development Marketing Act that imposes obligations on developers in relation to the assignment of Purchase Agreements for the sale or lease of strata lots.

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Structuring the Developer

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Categories: Firm News

Andrea East will be presenting “Structuring the Developer” at the PBLI conference Real Estate Development on First Nations Lands.

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We are pleased to announce that Vanessa DeDominicis has become a Partner in the firm effective January 1, 2015. Vanessa’s practice is focused on three areas: Wills and Estates, Real Estate, and Intellectual Property Law.

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With the strong Canadian dollar and attractively low real estate prices in the US, more and more Canadians are purchasing real estate in the US. Some of the considerations prior to doing so should be the tax implications and whether or not ownership should be through a Canadian trust.

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In Canada, a common way of owning property is in joint tenancy. Frequently, a husband and wife will own real estate, such as a home, in joint tenancy. In the right circumstances, such ownership can be an excellent estate planning strategy: on the death of the first spouse, the property transfers automatically to the second spouse without triggering any income tax, property transfer tax or probate fees. However, if the property is located in the United States, ownership in joint tenancy can result in significantly higher taxes becoming payable.

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Operating a business through a corporation is a long-standing and acceptable form of protecting individuals from claims of creditors of the business. Likewise, holding high-value investment assets (such as real estate or a stock portfolio) in a separate holding is a legitimate way to protect the value of those investments from future creditors of an operating company. But, as was demonstrated by the British Columbia Court of Appeal in Botham Holdings Ltd. (Trustee of) v.

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With limited case law available with respect to the Real Estate Development Marketing Act (“REDMA”), each decision made under REDMA will help to clarify the interpretation and application of the legislation.  The British Columbia Supreme Court recently made such a decision that those involved in the real estate development industry should be aware of.  This decision emphasizes the importance of full disclosure in disclosure statements prepared for marketing new developments.

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We have recently received a notice from the Superintendent of Real Estate advising of the issuance of two new Policy Statements which require developers to include further information in disclosure statements or amendments filed on or after November 1, 2007.  We wish to draw these to your attention at this time in order to allow you to gather any information needed prior to filing your disclosure or amendment.  We will be pleased to explain these requirements and provide advice to you as necessary. 

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The New Year is a great time to review your Will.

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Further clarifications released for Canada’s Foreign Home Buyer Ban and the Prohibition on the Purchase of Residential Property by Non-Canadians Act.

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Pushor Mitchell LLP is pleased to announce that Patrick Bobyn has become a Partner in the firm.

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COVID-19 Information Centre

Pushor Mitchell is committed to helping our clients through the COVID-19 pandemic. One of the ways we can help is to share our latest news and helpful tips for both individuals and businesses. As we write more material, it will be added to the collections below. Our firm’s response: An Update To Our Clients About […]

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On November 24, 2022 amendments to the Strata Property Act came into force removing sections of the Act that permitted residential rental restrictions.

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Beginning January 1, 2023, the federal government’s Prohibition on the Purchase of Residential Property by Non-Canadians Act (the “Act”) will come into effect across Canada, resulting in what is being referred  to as the foreign home buyer ban.

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If a client has Canadian property and assets in a foreign jurisdiction, it is recommended that they consult with a lawyer in the jurisdiction where they hold those foreign assets.

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Sayre Potter

Sayre is an associate with Pushor Mitchell LLP and joined the firm as an articled student in January 2022. He has an interest in the areas of First Nations and Indigenous law, real estate development, corporate and commercial law, estate planning and administration, and civil litigation. Sayre was born and raised in Penticton. After obtaining […]

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Caitlin Kessler

Caitlin is a lawyer at Pushor Mitchell LLP with an interest in the areas of real estate development, corporate and commercial law, and estate planning and administration. Caitlin has lived in Kelowna for over 25 years and first started working at Pushor Mitchell in 2014 while obtaining her Bachelor of Legal Studies (Paralegal Degree) from […]

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After 26 years in practice, James Paterson, a valuable member of the PM team, has decided to retire from the practice of law effective August 31, 2022.

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So You Want to Go Public?

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Categories: Blog, Securities

Deciding to become a publicly traded company is an extremely important decision that must be carefully considered by management of a company.

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Delaney Long

Delaney Long is an associate lawyer with Pushor Mitchell practicing in the area of civil litigation. Delaney was born and raised in Saskatchewan. She received a Bachelor of Science (Nutrition) from the University of Saskatchewan and a Juris Doctor from the University of Victoria. During law school, Delaney volunteered with Pro Bono Students Canada for […]

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Pushor Mitchell and two lawyers Vanessa DeDominicis and Brian Stephenson are in the final voting round for Best of Kelowna 2022.

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Pushor Mitchell is pleased to welcome civil litigation lawyer Thomas Eaves.

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Pushor Mitchell is pleased to welcome Darcy Whittaker to the firm as an associate lawyer.

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Thomas Eaves

Thomas J. Eaves is a member of the family law and civil litigation groups with Pushor Mitchell. He possesses significant experience in commercial litigation, real estate disputes, matters involving breach of contract and foreclosures. Thomas is also a skilled family lawyer and assists his clients with negotiation settlements, drafting family agreements, attending mediations and litigating […]

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Pushor Mitchell lawyer Vanessa DeDominicis has been nominated in the category of Best Lawyer for the Best of Kelowna 2022 Awards.

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Darcy R. Whittaker

Darcy is a Litigation lawyer with Pushor Mitchell LLP who serves clients with a variety of civil litigation needs, including Commercial, Construction, Insurance, and Real Estate claims. Darcy can assist from initial advice and pleadings to negotiations, trial and enforcement. Receiving a Bachelor of Arts in International Relations from the University of British Columbia Okanagan […]

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Pushor Mitchell has been nominated in the category of Best Law Firm, and lawyer Brian Stephenson has been nominated in the category of Best Lawyer for the Best of Kelowna 2022 Awards. 

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Patrick Bobyn Re-Elected on Kelowna Chamber of Commerce Board of Directors.

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Pushor Mitchell is pleased to welcome new associate Mark Brade.

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Mark Brade

Mark Brade is an associate lawyer with Pushor Mitchell LLP and serves clients who have Wills, Estates & Trusts, Real Estate, and Business Law needs. Mark is a solicitor who is focused on reducing the risk of future litigation for his estate planning clients. His insight into the common issues arising with estate planning allows […]

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The New Year is a great time to review your Will. If you have an existing Will, that’s a great start. However, as your life changes, so will your Estate Planning needs.

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Over 80% of businesses around the world are family-owned businesses. Specifically, Canada’s family businesses employ 4.7 million full-time employees, and the total annual sales of Canadian family businesses is $1.3 trillion.

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There is a new publicly searchable registry in British Columbia – the Land Owner Transparency Registry. This Registry has been around for almost a year, but there is an upcoming deadline.

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The lawyers and staff at Pushor Mitchell LLP want to share that after 30 years as an invaluable member of the team, their longtime partner, Susan Connaghan has decided to retire.

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A Power of Attorney, if used carefully, is an important estate planning tool. This legal document is commonly prepared to provide for situations where a person cannot manage his or her own affairs.

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Pushor Mitchell is pleased to welcome Shaun Campbell to the firm as an associate lawyer.

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Shaun Campbell

Shaun Campbell is an associate lawyer with Pushor Mitchell who practices in the areas of Business Law and Real Estate. Shaun’s approach to the practice of law reflects a calm demeanour and careful attention to detail while helping his clients make practical, well-informed decisions. Shaun was born and raised in Vernon, British Columbia. He then […]

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Associate Patrick Bobyn has been elected to a one year term on the Kelowna Chamber of Commerce Board of Directors.

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The B.C. government is taking over the running of the provincial homeowner grant from municipalities.

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If you have been appointed Executor in a Will, there are a wide range of obligations if you accept the position of Executor. 

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We are pleased to announce that Paul has become a Partner in the firm effective January 1, 2021.

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A Representation Agreement is a legal planning document which can be used in British Columbia to provide your named representative the authority to make health care decisions for you if you are unable to do so because of mental or physical disability.

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We are pleased to announce that Brian has become a Partner in the firm effective January 1, 2021.

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We are pleased to announce that Mark has become a Partner in the firm effective January 1, 2021.

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