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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Western White Pine: A Tall and Resilient Conifer https://familylawyersvictoria.com/western-white-pine-a-tall-and-resilient-conifer/ Sat, 01 Mar 2025 23:15:18 +0000 https://familylawyersvictoria.com/?p=414 The Western White Pine (Pinus monticola) is a remarkable tree found in BC’s coastal rainforests and mountainous interior. Known for its rapid growth, valuable timber, and ecological importance, this tree is one of the province’s most important pines.

Identifying Western White Pine

  • Needles: Soft, bluish-green, and grow in clusters of five.
  • Bark: Light gray and smooth, becoming dark and furrowed with age.
  • Size: Can grow over 60 meters (200 feet) tall.

Why Western White Pine is Important

  • A major forestry species, producing valuable wood.
  • Provides habitat for birds and mammals.
  • Helps prevent erosion in mountain ecosystems.

Uses of Western White Pine

  • Lumber and plywood, due to its straight grain and durability.
  • Fine furniture and cabinetry, as it resists warping.
  • Door frames, moldings, and paneling, for its smooth, easy-to-work wood.

Wildlife and Western White Pine

  • Birds, squirrels, and small mammals feed on its seeds.
  • Deer and bears use its forests for cover.

Fun Facts About Western White Pine

  • One of BC’s tallest pine species, often over 60 meters (200 feet) tall.
  • Indigenous groups used its inner bark for medicine.
  • Its soft, straight wood is one of the most valued pines for woodworking.
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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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How Do I Legally Separate From My Spouse https://familylawyersvictoria.com/how-do-i-legally-separate-from-my-spouse/ Fri, 14 Feb 2025 17:56:17 +0000 https://familylawyersvictoria.com/?p=442 By Jessica West

In British Columbia, there is no formal paperwork or process required to be considered legally separated from your spouse. Under the Family Law Act, a person is considered a spouse if they are legally married or have lived in a marriage-like relationship for at least two years.

Separation occurs when one spouse communicates their intention to separate and takes actions that demonstrate that intention. This applies even if both spouses continue living under the same roof. Mutual agreement is not required; one spouse’s clear communication and corresponding actions are sufficient.

Read full article here: How Do I Legally Separate From My Spouse

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Subalpine Fir: The Spire of BC’s Alpine Forests https://familylawyersvictoria.com/subalpine-fir-the-spire-of-bcs-alpine-forests/ Wed, 01 Jan 2025 23:15:17 +0000 https://familylawyersvictoria.com/?p=412 At the highest elevations of British Columbia’s mountains, where the air is thin and winters are long, the Subalpine Fir(Abies lasiocarpa) stands as a symbol of endurance. This tall, narrow, spire-like tree thrives in cold, snowy conditions, forming dense forests near the treeline.

With its soft, bluish-green needles and smooth, gray bark, Subalpine Fir plays an essential role in mountain ecosystems, stabilizing slopes, providing shelter, and supporting wildlife.

How to Identify Subalpine Fir

  • Needles: Short, soft, and bluish-green, arranged spirally around the branch.
  • Bark: Smooth and gray on young trees, becoming slightly rougher with age.
  • Shape: Tall and narrow, with a pointed spire-like top that sheds heavy snow.

Adaptations to Harsh Alpine Conditions

Subalpine Fir is one of BC’s most cold-tolerant conifers, thriving in environments where few other trees can:

  • Grows at elevations over 1,800 meters (6,000 feet).
  • Flexible branches shed heavy snow, preventing breakage.
  • Slow-growing but long-lived, with some trees surviving over 400 years.

Why Subalpine Fir is Important

This tree is crucial for alpine ecosystems because it:

  • Prevents erosion on mountain slopes.
  • Provides critical shelter for wildlife during harsh winters.
  • Forms dense forests that protect lower valleys from avalanches.

Wildlife and Subalpine Fir Forests

Subalpine Fir forests provide:

  • Habitat for mountain goats, caribou, and bears.
  • Nesting sites for owls and other high-altitude birds.
  • Food for squirrels and other small mammals, which rely on its seeds.

Fun Facts About Subalpine Fir

  • It is one of the last trees found before the treeline, marking the transition to alpine tundra.
  • Its wood is lightweight and often used for paper production.
  • Indigenous groups used Subalpine Fir resin as an antiseptic and for waterproofing.
  • It is the most cold-resistant fir species in North America.

Conclusion

Subalpine Fir is a defining tree of British Columbia’s high-altitude forests, thriving in cold, snowy, and windy conditions. Whether stabilizing slopes, providing habitat, or forming protective mountain forests, this tough yet graceful tree is essential to BC’s alpine landscapes.

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Exploring the Charms of the Pacific Wren in British Columbia https://familylawyersvictoria.com/exploring-the-charms-of-the-pacific-wren-in-british-columbia/ Mon, 16 Dec 2024 00:33:28 +0000 https://familylawyersvictoria.com/?p=363 Nestled within the enchanting landscapes of British Columbia’s lush forests, the Pacific Wren (Troglodytes pacificus) emerges as a tiny yet captivating gem for birdwatchers. Despite its diminutive size, this songbird holds a special place in the hearts of nature enthusiasts, offering a delightful and immersive birdwatching experience amidst the natural wonders of the province.

Tiny Marvels: The Pacific Wren’s Unique Presence

The Pacific Wren, with its russet-brown plumage and upright tail, may be small, but its lively demeanor adds a burst of energy to the verdant canvas of British Columbia’s woodlands. Birdwatchers are treated to the charming sight of these agile birds as they flit and weave through the underbrush, showcasing a world of vitality within their petite frames.

Woodland Oasis: Pacific Wren’s Preferred Habitat

Preferential to coniferous and mixed forests, the Pacific Wren finds solace among the towering trees of British Columbia. Venturing into these woodlands unveils a symphony of trills and warbles, signaling the presence of these delightful songbirds. With nimble movements and an uncanny ability to stay hidden, spotting a Pacific Wren becomes a rewarding challenge for keen observers.

Melodious Musicians: The Captivating Songs of Pacific Wrens

Celebrated for their intricate and melodious songs, Pacific Wrens are the maestros of the forest. Birdwatchers can revel in the enchanting symphony of trills, buzzes, and cascading notes that resonate through the woodland canopy. Beyond mere communication, these vocalizations serve as a testament to the vibrant life thriving within the dense foliage of British Columbia’s wilderness.

Hidden Nests: Witnessing Pacific Wren’s Nesting Artistry

Meticulous nest builders, Pacific Wrens craft intricate structures nestled amidst the ferns and moss-covered logs of British Columbia’s forests. Birdwatchers may be fortunate enough to witness these skilled architects at work, providing a glimpse into the intimate and complex aspects of the Pacific Wren’s life cycle.

Year-round Companions: Pacific Wrens Across the Seasons

Unlike migratory birds, Pacific Wrens are steadfast year-round residents of British Columbia. Birdwatchers can enjoy their presence throughout the changing seasons, from the lively songs of spring to the cozy chirps that echo in the winter air. Observing these resilient songbirds offers a unique opportunity to witness the cyclical beauty of life in the province’s woodlands.

Conservation Harmony: Safeguarding Pacific Wren Habitats

In the role of biodiversity custodians, birdwatchers become advocates for the conservation of Pacific Wren habitats. The delicate equilibrium of British Columbia’s ecosystems relies on the preservation of the forests these tiny birds call home.

Photographic Chronicles: Capturing Pacific Wren’s Essence

For birdwatchers equipped with cameras, capturing the essence of Pacific Wrens becomes a gratifying photographic pursuit. Their animated gestures, vibrant plumage, and woodland antics provide endless opportunities for documenting the rich avian diversity that thrives in British Columbia.

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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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Discovering the Pacific Wren in the Enchanting Forests of British Columbia https://familylawyersvictoria.com/discovering-the-pacific-wren-in-the-enchanting-forests-of-british-columbia/ Sat, 16 Nov 2024 00:33:28 +0000 https://familylawyersvictoria.com/?p=362 British Columbia, renowned for its diverse birdlife, unveils one of its smallest yet most enchanting residents—the Pacific Wren (Troglodytes pacificus). This diminutive songbird, with its lively demeanor and distinctive melodies, graces the province’s lush forests, creating a captivating experience for birdwatchers amidst the natural wonders of British Columbia.

Tiny Yet Mighty: The Pacific Wren’s Unique Charms

The Pacific Wren, despite its small size, boasts a charismatic presence. Birdwatchers can observe these energetic birds as they flit and dart through the underbrush, their tiny frames concealing a world of vitality. Pacific Wrens, with their reddish-brown plumage and upright tail, add a splash of warmth to the cool greens of British Columbia’s woodlands.

Woodland Haven: Preferred Habitats of the Pacific Wren

Choosing coniferous and mixed forests as their preferred habitats, Pacific Wrens find sanctuary among the towering trees of British Columbia. Birdwatchers can embark on woodland expeditions, listening for the melodious trills and warbles that signify the presence of these delightful songbirds. The Pacific Wren’s agile movements make spotting them a rewarding challenge for keen observers.

Musical Maestros: The Songs of Pacific Wrens

The Pacific Wren is celebrated for its intricate and melodious songs. Birdwatchers can delight in the symphony of trills, buzzes, and cascading notes that echo through the forest. These captivating vocalizations serve not only as a means of communication but also as a testament to the vibrant life hidden within the dense foliage of British Columbia’s wilderness.

Nestled in Nature: Observing Pacific Wren Nesting Behaviors

Pacific Wrens are meticulous nest builders, crafting intricate structures hidden amidst the ferns and moss-covered logs of British Columbia’s forests. Birdwatchers may have the privilege of observing these skilled architects as they construct their nests, offering a glimpse into the intimate and intricate aspects of the Pacific Wren’s life cycle.

Year-round Residents: Pacific Wrens in all Seasons

Unlike migratory birds, Pacific Wrens are year-round residents of British Columbia. Birdwatchers can enjoy their presence throughout the changing seasons, from the lively songs of spring to the cozy chirps in winter. Observing these resilient songbirds offers a unique opportunity to witness the ebb and flow of life in the province’s woodlands.

Conservation Considerations: Preserving Pacific Wren Habitats

As guardians of biodiversity, birdwatchers play a crucial role in raising awareness about the conservation of Pacific Wren habitats. The delicate balance of British Columbia’s ecosystems relies on the preservation of the forests these tiny birds call home.

Photographic Adventures: Capturing the Essence of Pacific Wrens

For birdwatchers armed with cameras, capturing the essence of Pacific Wrens becomes a rewarding photographic pursuit. Their animated gestures, vibrant plumage, and woodland antics provide endless opportunities for documenting the avian diversity that thrives in British Columbia.

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Mystical Encounters in the Shadows: Unveiling the Barred Owl in British Columbia’s Woodlands https://familylawyersvictoria.com/mystical-encounters-in-the-shadows-unveiling-the-barred-owl-in-british-columbias-woodlands/ Tue, 15 Oct 2024 23:33:28 +0000 https://familylawyersvictoria.com/?p=361 British Columbia, a haven for birdwatchers, introduces one of its most enigmatic and captivating residents—the Barred Owl (Strix varia). This elusive nocturnal creature graces the province’s diverse landscapes, offering bird enthusiasts a unique and intriguing experience amidst the ancient trees and shadowy realms of British Columbia’s woodlands.

Silent Hunters of the Night:

The Barred Owl, with its distinctive barred plumage, large dark eyes, and hooting calls, is a symbol of mystery in British Columbia’s forests. Birdwatchers can embark on nighttime adventures to witness these silent hunters as they soar through the darkness, their keen senses guiding them to prey like mice, voles, and other small mammals.

Nocturnal Nests in British Columbia’s Forests:

Choosing coniferous and mixed forests as their preferred habitats, Barred Owls establish nests in the dense canopies of British Columbia’s woodlands. Birdwatchers may encounter these well-camouflaged nests during daytime explorations, observing the dedicated parenting of these owls as they raise their chicks in the heart of the province’s ancient trees.

Distinctive Vocalizations:

The haunting hoots of the Barred Owl echo through the night, creating an otherworldly atmosphere in British Columbia’s forests. Birdwatchers can identify these owls by their unique vocalizations, which include a variety of hoots, screams, and even the infamous “Who cooks for you? Who cooks for you all?” call. These vocalizations serve as a melodic backdrop to the nocturnal symphony of the woodlands.

Adaptability and Range:

Barred Owls showcase remarkable adaptability, thriving in both old-growth forests and urban areas of British Columbia. Birdwatchers may spot these magnificent birds in a variety of settings, marveling at their ability to navigate and survive in diverse environments.

Conservation Awareness:

While Barred Owls are not currently listed as endangered, their well-being is closely tied to the health of the forests they inhabit. Birdwatchers play a crucial role in raising awareness about the importance of preserving British Columbia’s woodlands as vital habitats for these mysterious nocturnal hunters.

Photographic Opportunities:

For birdwatchers equipped with cameras and a sense of patience, capturing the Barred Owl in its natural habitat provides a rewarding photographic opportunity. The owls’ intense gaze, intricate feather patterns, and nocturnal activities make for captivating images that contribute to the documentation of British Columbia’s rich avian diversity.

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Vibrant Feathers Amidst the Canopy: Birdwatching Marvels with the Western Tanager in British Columbia https://familylawyersvictoria.com/vibrant-feathers-amidst-the-canopy-birdwatching-marvels-with-the-western-tanager-in-british-columbia/ Sun, 15 Sep 2024 23:33:27 +0000 https://familylawyersvictoria.com/?p=360 British Columbia, a paradise for birdwatchers, unveils one of its most colorful and captivating residents—the Western Tanager (Piranga ludoviciana). This striking songbird graces the province’s diverse landscapes, offering bird enthusiasts a delightful and visually stunning experience amidst the rich tapestry of British Columbia’s wilderness.

A Splash of Color:

The Western Tanager, with its vibrant plumage, is a visual feast for birdwatchers. Males boast a brilliant combination of yellow and black plumage with contrasting red faces, creating a striking contrast against the green foliage of British Columbia’s forests. Females, while more subtly colored, exhibit a charming blend of olive and yellow tones.

Woodland Wonders:

These tanagers choose coniferous and mixed forests as their preferred habitats in British Columbia. Birdwatchers can embark on woodland adventures, exploring the towering trees where Western Tanagers flit and forage for insects, berries, and nectar. Their presence adds a burst of color and melody to the province’s diverse ecosystems.

Migratory Marvels:

Western Tanagers are migratory birds, gracing British Columbia during the summer breeding season. Birdwatchers can anticipate their arrival in the spring, observing the vibrant influx of these songbirds as they embark on their northern journeys. Their vibrant hues become a symbol of the changing seasons in the province.

Serene Songsters:

Apart from their visual appeal, Western Tanagers are known for their melodious songs. Birdwatchers can listen to their sweet and melodic tunes, enriching the auditory experience of exploring British Columbia’s forests. The tanagers’ songs contribute to the symphony of nature, creating a harmonious backdrop to the birdwatching adventure.

Nesting in the Canopy:

Western Tanagers are meticulous nest builders, crafting cup-shaped nests in the treetops of British Columbia’s woodlands. Birdwatchers may have the opportunity to observe their nesting behaviors, witnessing the dedicated efforts of these songbirds as they raise their broods amidst the leafy canopies.

Conservation Considerations:

While Western Tanager populations are currently stable, birdwatchers play a vital role in raising awareness about the importance of preserving their habitats. Conservation efforts contribute to the continued flourishing of these vibrant birds in the forests of British Columbia.

Photographic Delights:

For birdwatchers equipped with cameras, capturing the beauty of Western Tanagers becomes a rewarding pursuit. Photographs of these colorful songbirds against the lush backdrop of British Columbia’s forests add to the documentation of the province’s rich avian diversity.

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