Victoria News – Family Lawyers Victoria https://familylawyersvictoria.com News about Family Lawyers Victoria, BC Wed, 26 Mar 2025 16:48:40 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.2 Rental Damage Claims in British Columbia https://familylawyersvictoria.com/rental-damage-claims-in-british-columbia/ Wed, 26 Mar 2025 16:45:17 +0000 https://familylawyersvictoria.com/?p=449 Landlords faced with serious damage to their property caused by current or former tenants can find themselves in the unenviable position of not knowing whether to pursue compensation through the Residential Tenancy Branch (“RTB”) or the BC Supreme Court (the “Court”). We recommend obtaining legal advice at an early stage to ensure this often confusing process is navigated correctly.

While the enactment of Bill 7, Tenancy Statutes Amendment Act (“Bill 7”) on March 1, 2021 was said by then Attorney General David Eby to clarify when the RTB doesn’t have jurisdiction to deal with a dispute, the procedure is still anything but simple.

In the recent decision Choi v. Westbank Projects Corp., 2024 BCCA 410, the BC Court of Appeal has provided a welcome clarification of the complex rules governing jurisdiction over landlord-tenant disputes.

THE LAW PRIOR TO BILL 7

Until now the leading decision on this issue was Gates v Sahota, 2018 BCCA 375, which affirmed the following procedural rules:

  • The RTB has exclusive jurisdiction over disputes covered by the Residential Tenancy Act (the “RTA”) when the amount claimed is within the maximum claimable in the Small Claims Court (currently $35,000).
  • When the amount claimed in an RTA dispute exceeds this limit, anyone who wants the dispute to be heard in the Court must file a Petition (i.e., rather than a Notice of Civil Claim), with notice to the RTB.
  • An RTA dispute within the small claims limit can be heard in the Court if it is “linked substantially” to a matter already before the Court. In these cases the action needs to be brought as a Petition, pending an application for a consolidation order.
  • The RTB’s authority to order a landlord to make repairs to a rental unit is not subject to the small claims limit.
  • Separate claims, each within the small claims limit, cannot be aggregated to avoid the RTB’s exclusive jurisdiction over such claims.
  • Class action proceedings are not available in the Court to determine RTA disputes.
  • When an RTA dispute is head in the Court, the Court may only make orders that the RTB could make.

… Read the full article here: Rental Damage Claims in British Columbia

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Dividing Property and Debt Upon Separation https://familylawyersvictoria.com/dividing-property-and-debt-upon-separation/ Wed, 26 Feb 2025 17:41:15 +0000 https://familylawyersvictoria.com/?p=448 Separating from a spouse is often emotionally taxing, and navigating the practical aspects of dividing property and debt adds another layer of complexity to an already challenging situation. Whether you and your spouse were married or unmarried, resolving the division of property and debt is crucial.

WHO IS CONSIDERED A “SPOUSE”?

For the purposes of dividing property and debt, two people are considered spouses if they were either married or living in a “marriage-like relationship” for at least two years. This might seem simple at first but can quickly become complicated. Courts have found that the period of living together does not necessarily have to be continuous, such as in cases where it has been interrupted for work or health reasons. It is possible for people to co-habit while maintaining two homes, if there was a rational reason for doing so.

The date a spousal relationship began is either the date of marriage, or the date that a couple began living in a marriage-like relationship, whichever is earlier.

FAMILY PROPERTY AND DEBT

The first step in determining how to divide property and debt is to establish what constitutes family property and family debt.

All property owned by either or both spouses on the date of separation is considered family property unless it is excluded. This might include the family home, bank accounts, pensions, interests in businesses, and RRSPs. Likewise, all debt owing by either or both spouses on the date of separation is considered family debt unless it is excluded.

There is a presumption that entitlement to family property and responsibility for family debt are to be shared equally between both spouses. This remains true regardless of whether the spouses used or contributed equally to the property or debt.

… Read the full article here: Dividing Property and Debt Upon Separation

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Naming Your Corporation in British Columbia in 2024 https://familylawyersvictoria.com/naming-your-corporation-in-british-columbia-in-2024/ Mon, 02 Dec 2024 05:05:41 +0000 https://familylawyersvictoria.com/?p=446 Choosing the perfect name for your corporation is a critical step in establishing your brand identity and market presence.

In British Columbia, Canada, there are specific rules you need to adhere to when naming a business. Understanding the naming rules is essential to ensuring compliance and to avoiding potential delays or complications in the name registration process. The rules include, but are not limited to:

UNIQUENESS

The business name must be unique and distinct from existing business entities. This requirement helps prevent confusion amongst consumers and ensures that each corporation maintains its individual identity. Before settling on a name, it is advisable to conduct a thorough search of the Provincial and Federal corporate registries (as applicable), and of the Canadian Trademarks Database, to confirm the name availability and uniqueness compared to other corporations.

DESCRIPTIVE ELEMENTS

Using descriptive terms that accurately reflect the nature of your business, and that are not misleading, are permitted. The more distinctive the name, the more likely it is to be accepted.

… Read the full article here: Naming Your Corporation in British Columbia in 2024

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Victoria, BC: A Family-Friendly Destination https://familylawyersvictoria.com/victoria-bc-a-family-friendly-destination/ Fri, 01 Dec 2023 20:22:06 +0000 https://familylawyersvictoria.com/?p=330 Victoria, BC is a bustling city with a rich history, picturesque scenery, and a thriving food and arts scene. But did you know that it’s also an excellent destination for families? With its many parks, museums, and educational attractions, Victoria has something to offer for families of all ages.

One of the main attractions for families in Victoria is the Royal BC Museum. This world-class museum showcases the rich history and culture of British Columbia, with interactive exhibits and hands-on activities that are perfect for kids. From learning about local wildlife to exploring the province’s First Nations heritage, the Royal BC Museum is a must-visit for families in Victoria.

Another great family-friendly attraction in Victoria is the Butterfly Gardens. This indoor tropical paradise is home to over 2,000 tropical butterflies, as well as exotic birds and plants. Children will love walking among the fluttering butterflies and learning about the life cycle of these fascinating insects.

For families who enjoy the great outdoors, Victoria has plenty of parks and green spaces to explore. From the sprawling Beacon Hill Park to the charming Elk Lake Park, there are plenty of opportunities to enjoy picnics, play games, and take in the scenery. Additionally, the city is surrounded by beautiful beaches, including the famous Dallas Road Beach, which is a great spot for swimming, sunbathing, and beachcombing.

Finally, Victoria has a thriving food scene, with plenty of family-friendly restaurants and cafes. From cozy cafes that serve up fresh pastries and coffee to casual pubs and seafood restaurants, there is something for every taste and budget.

In conclusion, Victoria, BC is a family-friendly destination that has something to offer for families of all ages. With its rich history, beautiful parks and beaches, and thriving food and arts scene, this city is the perfect destination for families who are looking for a fun and educational vacation. Whether you’re visiting for a long weekend or a week-long getaway, Victoria is a city that you and your family will never forget.

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Victoria’s Climate: Why Is It So Good? https://familylawyersvictoria.com/victorias-climate-why-is-it-so-good/ Sun, 01 Oct 2023 17:12:08 +0000 https://familylawyersvictoria.com/?p=336 Victoria, BC is known for having one of the best climates in Canada. With its mild temperatures, abundant sunshine, and relatively dry air, this city is the perfect destination for those looking to escape harsh winter weather and bask in mild temperatures year-round. But why is Victoria’s climate considered the best in Canada? Let’s find out.

First, the location of Victoria plays a significant role in its climate. Situated on the southern tip of Vancouver Island, the city is surrounded by water on three sides. This helps to temper the temperature and create a more moderate climate, making it ideal for those who are looking for a milder weather experience. Additionally, Victoria is located in the Pacific Ocean’s temperate rainforest zone, which experiences a relatively mild and damp climate.

Another factor that sets Victoria’s climate apart from other parts of Canada is its lack of snow. Unlike many other parts of the country, Victoria experiences very little snowfall each year. This means that residents and visitors can enjoy outdoor activities and scenic walks throughout the year, without having to worry about harsh winter weather.

In terms of temperature, Victoria has an average temperature that ranges from 7°C in January to 20°C in July. This moderate climate makes it an ideal destination for those who are looking to escape the harsh winters of other parts of Canada.

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Victoria’s Nightlife: Bars, Clubs, and Live Music https://familylawyersvictoria.com/victorias-nightlife-bars-clubs-and-live-music/ Thu, 31 Aug 2023 17:12:07 +0000 https://familylawyersvictoria.com/?p=335 Victoria, BC is known for its charming and laid-back atmosphere, but don’t be fooled, the city also has a vibrant nightlife scene. From cozy bars and bustling clubs to live music venues, there’s something for everyone in Victoria after dark.

For a relaxed and intimate atmosphere, check out one of the city’s many bars. Whether you’re in the mood for a craft beer or a signature cocktail, you’ll find plenty of options in Victoria. Some of the city’s most popular bars include Canoe Brewpub, Little Jumbo, and The Churchill.

If you’re looking for a livelier atmosphere, there are several clubs and dance venues to choose from. Clubs like Capital Ballroom and Sugar Nightclub offer live music, DJs, and dance floors that are perfect for those looking to let loose and dance the night away.

For those who enjoy live music, Victoria is home to several venues that showcase local and international artists. The Rifflandia Festival, held annually in September, is a popular event that draws musicians and music fans from around the world. Venues like The McPherson Playhouse and Lucky Bar host a variety of concerts and shows, making them ideal spots to enjoy live music any time of the year.

In conclusion, Victoria’s nightlife is lively and diverse, offering something for everyone. Whether you’re looking for a cozy bar, a night of dancing, or a live music show, you’ll find it all in this charming city. So why not hit the town and discover Victoria’s vibrant nightlife scene for yourself?

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The Food in Victoria https://familylawyersvictoria.com/the-food-in-victoria/ Sat, 27 May 2023 19:22:02 +0000 https://familylawyersvictoria.com/?p=325 Victoria, the capital of British Columbia, is celebrated for its diverse and thriving food scene. From its fresh seafood to the charming tea rooms, Victoria offers a range of dining experiences that will satisfy your hunger and tantalize your taste buds.

Seafood lovers will delight in Victoria’s abundance of top-notch seafood restaurants. Thanks to its location on the Pacific coast, Victoria has access to a variety of fresh seafood, including salmon, halibut, oysters, clams, and crab. You can savor these delectable delights at many of Victoria’s seafood restaurants, where they are prepared in both traditional and modern styles.

One of the most popular seafood destinations in Victoria is Red Fish Blue Fish, located at the Inner Harbour. The restaurant offers a relaxed atmosphere and a menu featuring fresh seafood in tacos, bowls, and salads. Another seafood hot spot is The Fish Counter, renowned for its sustainably sourced seafood and innovative menu featuring fresh ingredients.

Tea enthusiasts will find plenty to love in Victoria’s famous tea rooms. From traditional and elegant to whimsical and modern, Victoria has a range of options for the perfect afternoon tea experience. The Empress Hotel, located in the heart of the city, offers a classic afternoon tea experience with elegant china, silverware, and finger sandwiches. Another must-visit tea room is Murchie’s Tea & Coffee, serving tea and coffee since 1894 with a wide selection of teas and delicious pastries.

In conclusion, Victoria’s food scene is a reflection of its rich history, culture, and natural beauty. Whether you crave seafood, afternoon tea, or something in between, Victoria has something for everyone. So why not plan a trip to this stunning city and experience its vibrant food scene for yourself?

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Victoria, A City of Gardens https://familylawyersvictoria.com/victoria-a-city-of-gardens/ Mon, 27 Mar 2023 19:22:01 +0000 https://familylawyersvictoria.com/?p=324 Victoria, British Columbia, is a city renowned for its stunning gardens, earning it the nickname “City of Gardens.” These gardens are not only a visual delight, but they also offer a glimpse into the city’s rich cultural heritage. From traditional and historic to modern and innovative gardens, Victoria has something to offer for every visitor.

The Butchart Gardens, a National Historic Site of Canada, is one of the most renowned gardens in Victoria. Spanning 55 acres, the gardens showcase a diverse array of plants and flowers from around the world. Visitors can take a leisurely stroll through the gardens, dine at one of the on-site restaurants, or attend one of the seasonal events.

Another hidden gem in Victoria is the Abkhazi Garden. This garden, created by Prince Nicholas Abkhazi and his wife, Peggy Pemberton-Carter, in the 1940s, offers a glimpse into their fascinating love story. Visitors can stroll through the garden and admire the beautiful flowers, plants, and trees, as well as the pond and water features.

The Government House is also a must-see destination for garden enthusiasts. The gardens surrounding the house are beautifully landscaped and showcase a variety of plants and flowers. The garden also features a statue of Queen Victoria, paying homage to the city’s history. Visitors can take a guided tour of the gardens and learn about the history of the house and the garden.

In addition to traditional gardens, Victoria also boasts modern and innovative gardens that offer a unique experience. The UVic Campus Greenhouses, for instance, feature a wide range of plants from around the world, many of which are endangered species. The Green Roofs at the Royal BC Museum and the City Hall showcase how modern technology and sustainable practices can be used to create beautiful and functional gardens.

In conclusion, Victoria’s “City of Gardens” offers visitors a chance to explore a wide range of gardens that showcase the city’s rich cultural heritage and natural beauty. From traditional and historic to modern and innovative gardens, Victoria has something to offer for every visitor. So, plan your visit and immerse yourself in the city’s vibrant and beautiful gardens.

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Victoria, BC: A City of History https://familylawyersvictoria.com/victoria-bc-a-city-of-history/ Tue, 31 Jan 2023 19:31:15 +0000 https://familylawyersvictoria.com/?p=337 Victoria, British Columbia is a true paradise for history lovers. With its rich and diverse history, beautifully preserved heritage buildings, and numerous museums and historical sites, Victoria is the perfect destination for those who love to explore the past.

One of the main attractions for history lovers in Victoria is the city’s well-preserved heritage architecture. From the stunning Victorian-era homes that line the streets of the historic Rockland neighborhood, to the grand Gothic Revival-style legislature building that serves as the heart of the city, there is no shortage of beautiful heritage buildings to admire.

Another popular destination for history lovers is the Royal BC Museum, which is dedicated to preserving and showcasing the history and culture of British Columbia. With its extensive collection of artifacts, interactive exhibits, and engaging programming, the Royal BC Museum is the perfect place to learn about the history of the area.

For those interested in the history of the local First Nations people, the Thunderbird Park is a must-visit destination. The park features a collection of totem poles and other carvings that tell the stories of the local Kwakwaka’wakw, Nuu-chah-nulth, and other First Nations groups.

Another popular historical site in Victoria is Craigdarroch Castle, a stunning Victorian-era mansion that was built in the late 19th century by coal baron Robert Dunsmuir. The castle is now a museum, and visitors can tour the rooms and learn about the history of the building and its former residents.

In conclusion, Victoria, BC is a true paradise for history lovers. With its rich and diverse history, well-preserved heritage architecture, and numerous museums and historical sites, it is the perfect destination for anyone seeking to explore the past. So why not pack your bags and head to Victoria today? You won’t be disappointed.

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Discovering Hidden Gems in Victoria https://familylawyersvictoria.com/discovering-hidden-gems-in-victoria/ Thu, 26 Jan 2023 23:13:45 +0000 https://familylawyersvictoria.com/?p=318 Victoria, BC, is a city steeped in history and natural beauty. Often overshadowed by its larger neighbor, Vancouver, Victoria offers visitors a unique blend of charming British heritage and stunning natural landscapes. But beyond the well-trodden tourist spots, there are a wealth of hidden gems to discover. Here are just a few of the lesser-known, but no less impressive, places to visit in Victoria.

One of the best hidden gems in Victoria is the Ross Bay Cemetery. This picturesque cemetery is the final resting place of many of Victoria’s early settlers and prominent figures, including the city’s founding father, James Douglas. The cemetery offers a peaceful and serene setting, with beautiful gardens and a variety of headstones and monuments to explore.

Another must-visit hidden gem is the Helmcken House. Built in 1852, this historic home was once the residence of Dr. John Sebastian Helmcken, a prominent figure in the early history of British Columbia. The house has been beautifully restored and offers a glimpse into the life of a prominent Victorian family. Visitors can take a tour of the house and learn about the history of the area through the eyes of its early settlers.

For a taste of Victoria’s natural beauty, head to Thetis Lake Regional Park. This park offers a variety of hiking trails, as well as swimming, fishing, and picnicking opportunities. The park’s two lakes, Thetis and Crease, are surrounded by lush forests and are home to a variety of wildlife.

Finally, for a touch of culture, visit the Art Gallery of Greater Victoria. This small but impressive gallery features an impressive collection of work from local and international artists, including a significant collection of Pacific Northwest Coast First Nations art. The gallery is housed in the historic Spencer Mansion, which is worth a visit in its own right.

These are just a few examples of the hidden gems that Victoria has to offer. Whether you’re interested in history, nature, or culture, there’s something for everyone to discover in this charming city. So next time you’re planning a trip to Victoria, be sure to explore beyond the usual tourist spots and discover the hidden gems that make this city so special.

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