December 2016 Section Update

  • December 01, 2016

Insolvency Law 

Meeting in Review: August 2, 2016 
Speaker: Peter Roberts, Lawson Lundell LLP
Topic: Landlord/Tenant Issues in Insolvency

On August 2, 2016, Lawson Lundell LLP partner Peter Roberts presented at the CBABC Insolvency Section meeting on the impact of the bankruptcy of a tenant on the landlord/tenant relationship. The presentation highlighted the importance of strategic thinking when advising a landlord whose tenant is insolvent, and outlined the rights and responsibilities of each party, including trustees, in the event of tenant bankruptcy. The trustee in bankruptcy for a tenant has the ability to occupy, retain, assign or disclaim the lease. This eliminates the landlord’s control over the premises, leaves the landlord with a subordinate preferential claim for limited rent, and limits the value of assets on the premises. Peter stressed that when advising a landlord or tenant, it is crucial to review the terms of the lease carefully, particularly with respect to whether or not there is automatic termination upon bankruptcy. The presentation also reviewed remedies available to the landlord outside of bankruptcy.

Appellate Advocacy 

Meeting in Review: October 6, 2016
Speakers: The Honourable Madam Justice E. A. Bennett, Court of Appeal of British Columbia; Timothy R.B. Outerbridge, Registrar, Court of Appeal of British Columbia; Claire Hunter, Hunter Litigation Chambers
Topic: Pro Bono Advocacy Opportunities in the BCCA

On October 6, 2016, the CBABC Appellate Advocacy Section hosted The Honourable Madam Justice Bennett, Court of Appeal Registrar Timothy Outerbridge and Claire Hunter of Hunter Litigation Chambers in a lunch-hour discussion of pro bono opportunities at the Court of Appeal for British Columbia. Justice Bennett, Registrar Outerbridge and Ms. Hunter provided the Section with an overview of the programs administered by the Access Pro Bono Society of BC that match pro bono appellate counsel with litigants in need of representation, and answered the Section members’ questions on common issues in pro bono advocacy at the appellate level. Lawyers interested in volunteering are invited to contact Claire Hunter at chunter@litigationchambers.com.

Wills & Trusts Okanagan 

Meeting in Review: October 19, 2016
Speakers: Rob Culos, Culos & Company Law Corporation and Dawson McKay, Culos & Company Law Corporation
Topic: BC Estates Case Law Update

On October 19, 2016, at the Wills & Estates – Okanagan Section meeting in Kelowna, BC, Robert M. Culos and Dawson J. McKay reviewed recent case law on the topics below. Brief summaries of the facts of the cases were provided as well as the ratios from each case. Some cases were discussed briefly and others were discussed at length.

Robert M. Culos reviewed the following topics:

Proof in Solemn Form

  • PGT v Johnson, 2016 BCSC 1388

Hospital Bed Wills

  • Sommer v. British Columbia (PGT), 2015 BCSC 1947
  • Becker v. Becker, 2016 BCSC 487

Improperly Executed Wills

  • Lane Estate, 2015 BCSC 2162
  • Hadley Estate, 2016 BCSC 765
  • Bailey Estate, 2016 BCSC 1226

Dawson McKay reviewed the following topics:

Resulting Trusts

  • McKendry v. McKendry, 2015 BCSC 2433

Standard of Review for Summary Trials of Wills Variations

  • Kish (Litigation Guardian of) v. Sobchak Estate, 2016 BCSC 65

Civil Litigation Tri-Cities/New Westminster 

Meeting in Review: October 25, 2016
Speaker: Stuart Cameron, Registrar of the British Columbia Supreme Court
Topic: The Ins and Outs of Registrar Hearings

Registrar Stuart Cameron, of the British Columbia Supreme Court, spoke on the topic of effective registrar hearings. He provided an overview of matters commonly addressed at registrar hearings, and delivered practical advice, commentary, and best practice tips for counsel conducting efficient, cost-effective and ethical hearings. Topics discussed included successful advocacy in settling orders, costs assessments, and reviews of a lawyer’s bill. Noting the apparent rise in issues brought before the registrar in this province, Registrar Cameron also offered insightful comments on pitfalls to avoid and ways to prevent unnecessary complaints and litigation over legal bills.

For CBABC members, more detailed information and available minutes from the Section meetings are online at cbabc.org under CBABC Sections & Forums.

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