To understand how this could happen, we need to look at Part XIII of the Income Tax Act, which concerns tax on Canadian income of non-residents.

THE LAW

Generally, non-residents are required to pay an income tax of 25% on any of a range of payments they receive from Canadian residents, including rent. This is an obligation on the landlord.

The issue for the tenant comes from the withholding and remittance provisions of the Act. To facilitate collection of the tax from persons who may be overseas and difficult to reach, s 215 requires the person paying the amount on which income tax is payable to withhold the amount of the tax and remit it to CRA on behalf of the non-resident person. In other words, the Act puts responsibility for paying the recipient’s tax on both the recipient and the person paying (in a tenancy, the tenant). S 215(6) makes the person paying liable to pay on behalf of the non-resident person the whole of the amount that should have been withheld.

Unfortunately, many people are unaware of this shared obligation and consequent liability.

… Read the full article here: 2024 Decision Brings New Perils for Tenants: Beware the Non-Resident Landlord

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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

The post Rental Damage Claims in British Columbia appeared first on Victoria Lawyers.

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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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

The post Naming Your Corporation in British Columbia in 2024 appeared first on Victoria Lawyers.

Victoria lawyer Greer Jacks discusses the implications of law for your pets when you die and your options when planning your will and estates

Read the full article: What happens to my pet when I die?

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For more information, visit https://creaseharman.com/helping-victorias-visually-impaired-community/.

The post Helping Victoria’s Visually-Impaired Community appeared first on Victoria Lawyers.

See the tables which summarize the source countries.

The post BC PNP 2019 Stats: Source Countries appeared first on Victoria Lawyers.

See the statistics on top occupations for skills immigration.

The post BC PNP 2019 Stats: Top Occupations – Skills Immigration appeared first on Victoria Lawyers.

See the statistics on Regional Distribution from 2016 to 2019.

The post BC PNP 2019 STATS: Regional Distribution appeared first on Victoria Lawyers.

See the statistics on average salary for skilled immigrants.

The post BC PNP 2019 Stats: Average Salary appeared first on Victoria Lawyers.