Blair Franklin

Living Wills

The term ‘living will’ is a term from the United States that has been adopted into everyday language, and typically refers to any kind of advance care planning document. The term ’living will’ is not in B.C.’s health care consent legislation, although it is generally accepted to mean a person’s wishes for future health care. Before September 1, 2011, living… Read more →

Advance Directives

On September 1, 2011, the Health Care (Consent) and Care Facility Admission (Act) was amended to provide for advance directives. Advance directives replaced what was usually referred to as a living will in B.C. A living will done before September 1, 2011 is valid as an advance directive if it states: An advance directive is a capable adult’s written instructions… Read more →

Limitation Periods

A new Limitation Act, was adopted in B.C. on June 1, 2013. Under the new Limitation Act, the basic deadline for most claims is now 2 years. It replaces the former two, six and 10-year limitation periods for most civil claims. The new 2 year basic limitation period is 2 years from discovery so it may be longer than just… Read more →

Make-a-Will Week

March 31 to April 6, 2014, is Make-a-Will Week in British Columbia and its purpose is to encourage the public to write their will or bring an existing will up-to-date. If you want to make a will or have any questions, please contact Blair Franklin and we would be pleased to assist you.   Read more →

Traveling with Children

Foreign Affairs and International Trade Canada strongly recommend that children traveling abroad carry a consent letter proving they have permission to travel from every person with the legal right to make major decisions on their behalf, if that person is not accompanying the children on the trip. You can obtain the forms from their website at: Read more →

Builders Lien Holdbacks

A builders lien holdback is money that is held back at the time of sale of a property. The holdback is released after the time limit for filing a builders lien has expired. In B.C. a claim of builders lien may be filed against a property no later than 45 days after the date the improvement (building) is completed, abandoned… Read more →

When the Buyer Does Not Buy

What do you do when you think you have sold your house but the buyer does not complete the purchase? The rights of the seller are set out in the contract of purchase and sale. The standard contract of purchase and sale used in many sales in British Columbia contains the following provision: 12. TIME: Time will be of the… Read more →

Two Home Strata

In B.C. it is possible in many areas to build 2 houses on one legal lot and then strata title the houses and create a new strata lot for each house. You can even have some common property between the two houses, like a common driveway. Where this is permitted, normally a developer will buy the property and build the… Read more →

Title Insurance

Title insurance is an insurance policy from a company like Stewart Title Guarantee Company or First Canadian Title that covers either a mortgage lender or a purchaser against certain types of losses. Title insurance may be required by some mortgage lenders. In other cases it may be used, if there is no survey available. Title insurance is usually quicker than… Read more →