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

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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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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.

What Does This Look Like?
To separate, you must first communicate your intention to end the relationship. This can be done verbally or in writing, such as through a text message or email. While written communication is not legally required, it serves as useful proof if there is a dispute about the separation date. The wording does not have to follow a specific format, but it must clearly indicate that the relationship has ended .

After communication, it is important to take steps that demonstrate your intention to separate. You could take a large step, like moving out of the home, or something smaller like sleeping in separate rooms. Other actions might include opening a personal bank account, managing your own expenses, and no longer sharing meals. Informing family and friends about the separation can also help establish that the relationship has ended. The key is to ensure that your actions consistently align with your stated intent to separate.

… Read full article here: How Do I Legally Separate from My Spouse?

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Its ability to regenerate quickly after fire, withstand harsh climates, and provide valuable timber makes it a critical tree for both BC’s forests and economy.

Identifying Lodgepole Pine

• Needles: Always in pairs of two, short and stiff.
• Bark: Thin and scaly, making it vulnerable to fire but allowing for quick regrowth.
• Growth Form: Can grow tall and straight in stable conditions or twisted and gnarled in harsh environments.

A Tree That Benefits from Fire

Unlike many trees that are destroyed by fire, Lodgepole Pine depends on it. The heat of wildfires triggers its cones to open, releasing thousands of seeds that quickly grow into a new forest.

This trait makes Lodgepole Pine one of the most important species for forest recovery in BC, ensuring that burned areas return to healthy ecosystems.

Economic Importance

Lodgepole Pine is a major contributor to BC’s forestry sector, used for:

• Construction lumber, as it is lightweight and strong.
• Pulpwood for paper production.
• Paneling, plywood, and furniture-making.

Lodgepole Pine and Wildlife

This tree is also essential for wildlife, providing:

• Food for birds and squirrels, which eat its seeds.
• Cover for deer, moose, and bears, especially in younger forests.
• Nesting habitat for woodpeckers and other cavity-nesting birds.

Fun Facts About Lodgepole Pine

• Some Lodgepole Pines remain dormant for decades before fire triggers seed release.
• The tree can grow at elevations above 2,500 meters (8,200 feet).
• Its wood is used to make telephone poles, fence posts, and railway ties.
• Some Lodgepole Pine forests in BC are over 100 years old.

The post Lodgepole Pine: BC’s Adaptable and Resilient Pine appeared first on Victoria Lawyers.

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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Its soft, delicate needles and distinctive drooping top make it one of the easiest trees to identify. Despite its fragile look, Western Hemlock is a powerful force in the forest, dominating shady areas and supporting plant and animal life.

Identifying Western Hemlock

• Needles: Short, feathery, and unevenly spaced, giving branches a delicate look.
• Bark: Rough and grooved, often covered in green moss and lichens.
• Growth Habit: The treetop bends over, giving it a unique, drooping appearance.

An Essential Part of BC’s Forests

Western Hemlock is a key player in BC’s timber industry, used for:

• Construction materials, including flooring and furniture.
• Paper production, as its wood fibers are ideal for pulp.
• Plywood and paneling, thanks to its lightweight strength.

A Tree That Nurtures Life

Western Hemlock’s thick, shaded forests support an incredible variety of life:

• Owls, eagles, and woodpeckers nest in its branches.
• Mosses and ferns thrive under its cool, shaded canopy.
• Its fallen logs serve as nurse logs, allowing new plants to grow.

Fun Facts About Western Hemlock

• Western Hemlock can live for more than 800 years!
• It is one of the most shade-tolerant trees in North America.
• Despite its delicate needles, it grows into a massive tree over 70 meters (230 feet) tall.
• Indigenous groups used its bark for natural medicine and dyes.

Conclusion

The Western Hemlock is a vital part of BC’s forests, shaping the environment and supporting wildlife. Whether standing tall in an old-growth forest or regenerating under the canopy, this tree is a symbol of resilience, adaptability, and life.

The post Western Hemlock: The Soft-Needled Giant of BC appeared first on Victoria Lawyers.

With its straight, massive trunk and sharp, stiff needles, Sitka Spruce is a true giant of the Pacific Northwest. Some specimens grow over 90 meters (295 feet) tall, making it one of the tallest conifers in the world. Not only does this tree dominate the skyline, but it also plays a crucial role in BC’s ecology, industry, and history.

Identifying Sitka Spruce

Sitka Spruce is easy to recognize, thanks to its immense height and unique needles. Its bark is thin and scaly, grayish-brown in color, and often covered in patches of moss or lichen. Unlike softer-needled evergreens like firs and cedars, Sitka Spruce needles are stiff and sharp, with a slightly bluish-green color.

One distinctive feature is the uneven texture of its needles—the ones on the top of the branch are flat, while those on the bottom are sharply pointed. This adaptation helps the tree maximize sunlight absorption in its moist, coastal environment.

An Economic and Historical Powerhouse

For centuries, Sitka Spruce has been a key player in British Columbia’s economy. Its wood is lightweight, strong, and flexible, making it highly valued in construction, boat-building, and even musical instrument production. The strength-to-weight ratio of Sitka Spruce wood made it the preferred material for airplane construction during World War I and II.

Indigenous peoples have also used Sitka Spruce for generations. The tree’s long, straight fibers were used for weaving ropes and fishing nets, while its inner bark was sometimes eaten for sustenance.

A Critical Part of BC’s Coastal Ecosystem

Beyond its economic importance, Sitka Spruce is essential to BC’s coastal ecosystems. Its massive root systems help stabilize soil and prevent erosion, particularly in areas prone to strong coastal winds and heavy rainfall.

Sitka Spruce forests also provide habitat for many species, including bald eagles, bears, and deer. Its large branches offer nesting sites for birds, while its seeds and needles provide food for various animals.

Fun Facts About Sitka Spruce

• Sitka Spruce is one of the fastest-growing conifers, sometimes growing over 1.5 meters (5 feet) per year.
• It is one of the tallest trees in the world, often exceeding 90 meters (295 feet) in height.
• Sitka Spruce wood was used to build airplanes during both World Wars due to its incredible strength-to-weight ratio.
• The tree’s sharp, spiky needles make it easy to identify—if you grab a branch, you’ll definitely feel it!
• Some of the oldest Sitka Spruces in BC are over 700 years old.

Conclusion

The Sitka Spruce is a true icon of British Columbia’s coastal forests, standing as one of the tallest and strongest trees in the world. From its role in history and industry to its contributions to the environment, this magnificent giant continues to shape BC’s landscapes and ecosystems.

The post Sitka Spruce: The Giant of BC’s Coastal Forests appeared first on Victoria Lawyers.

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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Tiny Guardian of the Woods:

The Northern Pygmy Owl, though small in stature, is a formidable and charming presence in British Columbia’s wooded realms. Measuring just around six inches in height, these owls are known for their round faces, large yellow eyes, and endearing demeanor, making them a sought-after sighting for birdwatchers.

Stealthy Forest Dwellers:

This diminutive owl chooses coniferous and mixed forests as its preferred habitat in British Columbia. Their well-camouflaged plumage allows them to blend seamlessly with tree bark, providing excellent cover as they perch on branches, patiently awaiting their prey.

Masterful Hunters:

The Northern Pygmy Owl is a skilled hunter despite its small size. Birdwatchers can observe these owls during their hunting expeditions, where they pounce on small mammals, birds, and insects with precision. Witnessing their agile and calculated moves adds an element of excitement to the birdwatching experience in the province.

Distinctive Vocalizations:

Birdwatchers often identify the Northern Pygmy Owl by its unique vocalizations. Their calls, resembling the whistling of a toot-toot train, can be heard echoing through the forests of British Columbia. The distinct sounds serve as auditory markers, guiding bird enthusiasts to potential owl sightings.

Year-round Residents:

Unlike some migratory birds, the Northern Pygmy Owl is a year-round resident in British Columbia. Birdwatchers can embark on owl-watching adventures throughout the seasons, learning about the unique behaviors and adaptations that enable these owls to thrive in the diverse ecosystems of the province.

Conservation Awareness:

While Northern Pygmy Owls are not currently listed as endangered, their well-being is closely tied to the health of forest ecosystems. Birdwatchers play a crucial role in promoting conservation awareness, emphasizing the importance of preserving British Columbia’s forests as vital habitats for these charming owls.

Photographic Treasures:

For birdwatchers equipped with cameras, capturing the Northern Pygmy Owl in its natural habitat provides a rewarding photographic opportunity. The owl’s captivating features, coupled with the picturesque forest backdrop, make for stunning images that contribute to the documentation of British Columbia’s rich avian diversity.

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