Company and Finance News:

Proposed Amendments to the Income Tax Act:  
Reportable and Notifiable Transactions
In the Government of Canada's Budget 2021, proposed amendments to the Income Tax Act (the Act) were announced which will significantly expand the mandatory disclosure rules. This will require taxpayers, advisors (including accountants and lawyers), promoters, and certain other parties to disclose information to the Canada Revenue Agency (CRA) on tax planning and transactions that the CRA deems aggressive. The draft amendments would:

1. expand the Act's reportable transaction rules;
2. add a requirement to report notifiable transactions;
3. significantly reduce the reporting deadline;
4. add a requirement for certain corporations to report uncertain tax treatments;
5. extend the normal reassessment period in non-compliance situations; and
6. add new related penalties.

Read the full article by Natalie Goulard, Elizabeth Egberts and Frederique Duchesne with Borden Ladner Gervais LLP.

September 27, 2022
Employer health tax information has been updated to:

• Reorganize and clarify filing and paying instructions
• Add information about penalties and interest
• Clarify how the tax applies to stock option benefits

For more information, visit the Employer Health Tax website.

Issues Arising on the Conversion of Real Property from
Capital to Inventory (or Vice Versa)
When a real property held by a taxpayer as a rental property becomes the taxpayer's residence (or vice versa), the "change-in-use" rules in section 45 and subsection 13(7) of the Income Tax Act (the "ITA") are triggered. Subsection 45(1) provides that when a taxpayer, having acquired property for the purpose of earning income, has commenced at a later time to use it for some other purpose (or vice versa), the taxpayer is deemed to have disposed of the property for fair market value at the time of the "change-in-use" and to have reacquired the property for that same amount. The deemed disposition can be deferred through the filing of certain elections. Subsection 13(7) ensures that certain consequences resulting from the disposition or acquisition of depreciable property, such as recapture, terminal loss and computation of undepreciated capital cost, also apply in respect of the deemed disposition due to a change in use of the property. Read the full article by Vivian Esper with Thorsteinssons LLP.

New Prospectus Exemption for Listed Issuers to
Come Into Effect November 21, 2022
The Canadian Securities Administrators (CSA) recently announced an amendment to National Instrument 45-106 Prospectus Exemptions (NI 45-106) that introduces a new prospectus exemption (the Listed Issuer Financing Exemption) for reporting issuers. As of November 21, 2022, the Listed Issuer Financing Exemption will allow eligible issuers to bypass prospectus requirements to raise capital more efficiently.

Who Can Use This Exemption?
A reporting issuer who wishes to use the exemption for an offering of securities must satisfy several requirements, including the following:

Read the full article by William Osler KC, Abbas Ali Khan, Kim Lawton, Bosa Kosoric and Joshua Koop with Bennett Jones LLP.

Tax Court of Canada Decision: Exclusions from the "Financial Service"
Definition in Part IX of the Excise Tax Act Work As Intended to
Stop GST/HST Tax Base Erosion
On July 19, 2022, the Tax Court of Canada ("TCC") dismissed a major Canadian Bank's appeal (the "Bank" or the "Appellant") regarding the characterization of a supply made by the President's Choice Bank ("PCB") to the Bank.

The dispute arose when the Canada Revenue Agency ("CRA") reassessed PCB for uncollected GST/HST on bundled supplies made to the Bank and further denied the Bank's rebate claims for GST/HST paid in error to PCB. The CRA was of the view that the supply of bundled rights made by PCB to the Bank was not an exempt "financial service" as defined under subsection 123(1) of Part IX of the Excise Tax Act (Canada) ("ETA"). Read the full article by Jean-Guillaume Shooner and Vanessa Clusiau of Stikeman Elliott.

BC Securities – Policies & Instruments
The following policies and instruments were recently published on the BCSC website:

• 45-106 – CSA Notice of Amendments to National Instrument 45-106 Prospectus Exemptions to introduce the Listed Issuer Financing Exemption
• 81-106 – Proposed Amendments and Proposed Changes to Implement an Access-Based Model for Investment Fund Reporting Issuers

For more information visit the BC Securities website.

Forest and Environment News:

Extensions of Time to Complete TSL Obligations
A recent decision of the BC Supreme Court (Pal Lumber Co. (2007) Ltd. v. British Columbia) addressed numerous issues of interest to registrants in the BC Timber Sales (BCTS) program. Included among these issues is the application of an important (though somewhat obscure and perplexing) provision of the BC Timber Sales Regulation (the Regulation).

Section 21(1) of the Regulation contemplates an extension of time after expiration of a TSL for the licensee to remedy any non-compliance with the TSL or applicable legislation that may exist at the time of expiration. There is no guidance as to how or when the extension of time contemplated in Section 21(1) is available, but the court held that Section 21(1) does not create an express or implied entitlement to an extension of time for completing obligations under a TSL. Read the full article by Jeff Waatainen, published in the Fall 2022 issue of the BC Forest Professional.

Wake Up and Smell The … What?: EAB Confirms
'Smells' Aren't Air Contaminants
The Environmental Appeal Board (EAB) has clarified that limits and restrictions on activities under permits related to air contaminants cannot be used as a backdoor to target what are really the effects of air contaminants, i.e., odours.

In 2018, GFL Environmental Inc. was issued an air quality management permit for the operation of a composting facility in Delta. One of the purposes of this permit was to ensure the facility would not make the surrounding area too smelly. To accomplish this, the permit put limits on odorous emissions through the use of a "Sniff Test", whereby an "Approved Person" would smell the air for given periods of time, at set distances from the facility. GFL appealed various parts of the permit on the basis that the terms of the permit would not further the goal of protecting the environment, were too restrictive, and were beyond the authority of the District Director. Read the full article by Nicola Virk with Harper Grey LLP.

U.K. Energy Firm Denies Cutting B.C.
'Primary Forests' for Wood Pellets
Drax Group responds to BBC investigation, says forests are not being harvested for biomass energy

British energy company Drax Group is defending itself following the release of a BBC investigation that alleges the firm is cutting down "primary forests" in British Columbia to turn into wood pellets.

The BBC program – which aired Monday using the title "Green Energy Scandal Exposed" – contends that at least some of Drax's pellets are being manufactured from timber the company has logged through forest harvest licences it has obtained from the province contrary to its own policies and accepted practices that allow pellets to be labelled green energy. Read the Vancouver Sun article.

B.C. Significantly Increasing Soil
Relocation Requirements
Changes to British Columbia's Environmental Management Act (EMA) and Contaminated Sites Regulation (CSR) will introduce a new regime governing soil relocation in B.C. The changes will increase testing requirements prior to soil relocation and implement new requirements for the relocation of both contaminated and uncontaminated soils. Read the full article by Tony Crossman and Paulina Adamson with Blake, Cassels & Graydon LLP.

BC Signs 'Landmark' Agreement with
S'ólh Téméxw Stewardship Alliance
to Protect Heritage Sites
British Columbia and S'ólh Téméxw Stewardship Alliance (STSA) have entered into a "landmark" agreement to protect heritage sites across Stó:lō Nation territory, the Ministry of Forests announced.

The agreement provides legal protection for 45 sacred, spiritual, and ceremonial heritage sites on Crown lands within Stó:lō Nation territory. It outlines a "consensus-seeking, shared decision-making process" between BC and STSA for ongoing heritage-site management. The agreement covers heritage sites in Central Fraser Valley, Chilliwack, and lower Fraser River watersheds. Read the full article by Katrina Eñano, published in the Canadian Lawyer.

Injunction Against Fairy Creek Logging Protests
Extended, But Protesters Declare 'Moral Victory'
A B.C. judge has extended an injunction against old-growth logging protesters in the Fairy Creek watershed on southern Vancouver Island for another year, but the protesters say his ruling is a "moral victory" for their cause.

B.C. Supreme Court Justice Douglas W. Thompson issued his decision in the case on Wednesday.

Though he opted to extend the injunction granted to Teal Cedar Products Ltd. for another year, Thompson dedicated a significant portion of his reasons for his decision to discussing the arguments of the protesters.

While his reason for doing so was to emphasize their dedication to their cause – and therefore the likelihood that they will continue attempting to disrupt Teal Cedar's logging activity – the judge wrote sympathetically about the protesters he has sentenced. Read the CTV News article.

The Practice of Professional Forestry
The introduction of the Professional Governance Act (PGA) did not change the practice of professional forestry but it fundamentally changed how it is described. And with the granting of new reserved practice rights to applied biologists and agrologists, it is imperative for the public interest that we continue to assert what is the practice of professional forestry.

Under the Foresters Act, the practice of professional forestry was specifically defined in Section 1 of the Act: the practice includes advice, work, and services respecting forests, forest lands, forest resources, and forest ecosystems. The Act also included a list of specific activities undertaken within the practice of forestry. Use of such a detailed definition in legislation is no longer the norm of government. Read the full article by Christine Gelowitz, published in the Fall 2022 issue of the BC Forest Professional.

Environmental Appeal Board Decisions
The following Environmental Appeal Board decision was made recently:

Environmental Management Act

• Richmond Steel Recycling Ltd. v. Director, Environmental Management Act [Stay Application – Denied]

Visit the Environmental Appeal Board website for more information.

Forest Appeals Commission Decisions
The following Forest Appeals Commission decision was made recently:

Forest and Range Practices Act

• Forest Practices Board v. Government of British Columbia [Final Decision – Allowed in Part]

Visit the Forest Appeals Commission website for more information.

Health News:

Will Canadian Blood Services Deal Allow British Columbians
to Donate Plasma for Cash?
A deal between Canadian Blood Services and a for-profit company to collect plasma from Canadian donors could "undermine" voluntary blood collection in BC, warn advocacy groups that support Canada's public blood system. Kate Lanteigne, executive director of BloodWatch, said her organization is calling on BC Health Minister Adrian Dix to prevent Grifols, an international pharmaceutical company based in Spain, from establishing paid-plasma clinics in BC. "It's a massive betrayal," she said of the agreement recently announced by Canadian Blood Services (CBS). Both BC and Ontario have legislation banning paid plasma collection, but as first reported in The Globe and Mail last week, the laws contain an exemption for CBS and its agents. Read the Vancouver Sun article.

Labour and Employment News:

6.3 Termination by Company Without Cause. The Company may terminate the Employee's employment for any reasons, without cause, upon providing the Employee with only the notice or payment in lieu of notice (or a combination thereof) in the minimum amount required by the British Columbia Employment Standards Act, as amended from time to time. Benefits will end on the last day worked. Read the full article by Barry Fisher, Barry Fisher Arbitration & Mediation.

Regulatory Changes to the TFWP
and IMP Compliance Regimes
As of September 26, 2022, new regulatory requirements and conditions will come into effect in Canada for employers retaining the services of temporary foreign workers, specifically for temporary foreign workers hired under the Temporary Foreign Worker Program ("TFWP") or the International Mobility Program ("IMP").

This text provides an overview of the new measures that will be put in place as of September 26, 2022, under the above-mentioned programs. Read the full article by Stéphane Duval with McCarthy Tétrault LLP.

Wave of Retirement Hits Canadian Workforce
as Healthcare, Education Lose Workers
A new analysis of labour force survey data by the Canadian Centre for Policy Alternatives (CCPA) found that 73,000 more people retired in the year ending August 2022 compared to a year earlier, a jump of 32 per cent.

Two-thirds of those excess retirements were in four industries: health care, construction, retail trade, and education and social assistance.

Senior economist David Macdonald said it's highly unusual to see retirements at this level. But a closer look at some of the industries in question paints a picture of burnout, stress and ongoing pandemic difficulties leading to workers retiring earlier than they perhaps planned. Read the BIV article.

Court Finds That Plaintiff Committed Sexual
Harassment but No Just Cause and Also
Awarded $25k in Punitive Damages
In Cho v. Café La Foret Ltd., 2022 BCSC 1560, Justice Shergill had a situation where a 60 year old Head Baker in a Korean bakery was found to have inappropriately touched a 20 year old subordinate on the shoulder, arm and buttocks. Read the full article by Barry Fisher with Barry Fisher Arbitration & Mediation.

Age 65 Cut-Off for Long-Term Disability Benefits
Coverage Not a Charter Violation [Ontario]
In Rayonier v Unifor, Locals 256 and 89 arbitrator Paula Knopf dismissed a union policy grievance which alleged that an age 65 cut-off for long-term disability (LTD) benefits coverage under the parties' collective bargaining agreement (CBA) was in violation of the Canadian Charter of Rights and Freedoms (Charter). For reasons specific to the language in the CBA, arbitrator Knopf separately upheld a union policy grievance that the CBA required the continuation of life insurance, without reduction, beyond the attainment of age 65. On both issues the arbitrator's decision turned in large part on the specific circumstances in this case, but the decision is a helpful reminder to employers to be mindful of best practices and the interplay between CBA and benefits policy language, and more broadly the potential for Charter-based claims respecting differential treatment under benefits plans, particularly for employees in Ontario. Read the full article by Jordan Fremont, Amanda McLachlan and Jaspeet Kaur with Bennett Jones LLP.

Local Government News:

Amendments to Sign Bylaw Leads to Constitutional 
Challenge and Allegations of Bad Faith
Kaps v City of Surrey, 2022 BCSC 1191 ("Kaps") is a recent decision of the BC Supreme Court which highlights the importance of ensuring that prohibitions in a sign bylaw are clear and concise in meaning so as to avoid infringing the constitutional protection for freedom of expression. The Kaps decision also reiterated the evidentiary burden that must be met when a person alleges that a bylaw was enacted for an improper motive or in bad faith.

The Challenged Bylaw
The court proceeding in Kaps was commenced by members of a community group known as "Keep the RCMP In Surrey" ("KTRIS") which opposed the City's decision to replace the RCMP in Surrey with a local police force and which dispersed and erected signs promoting the KTRIS cause

Amendments to Real Estate Development
Marketing Act Policy Statements
The BC Financial Services Authority (BCFSA) has launched two concurrent consultations related to the marketing of development properties and real estate securities under the Real Estate Development Marketing Act (REDMA). The Authority is seeking feedback on proposed amendments to the Superintendent of Real Estate Policy Statements 5, 6, and 13. Feedback may be submitted until October 20, 2022.  The amendments to draft Policy Statements 5 and 6 are intended to maintain strong consumer protections while providing more uniform standards for meeting early marketing requirements in all regions of BC. Read the full UBCM article.

Public Law Duties ≠ Private Law Duties of Care
Local governments, like other public bodies and officials, are required by legislation to perform specific public duties and responsibilities. If these "public law duties" are not conducted correctly, this may be grounds for finding that the decision or action was improper, and a court may send the matter back for reconsideration. However, it does not necessarily give rise to a claim in negligence. To successfully bring a lawsuit for negligence, the plaintiff must show that the public body or official owed the plaintiff a "private law duty of care". In Kamoto Holdings Ltd v. Central Kootenay (Regional District), 2022 BCCA 282 ("Kamoto"), the British Columbia Court of Appeal reaffirmed the principle that the existence of a public law duty does not, in and of itself, create sufficient proximity between the plaintiff and the official to establish a private law duty of care. Read the full article by Andrew Buckley with Stewart McDannold Stuart.

Municipal Election Workers Are Likely Employees,
Not Independent Contractors
In light of the upcoming municipal elections, this article addresses the approach that the Canada Revenue Agency (the "CRA") has taken towards municipal election workers, and the applicability of the Employment Standards Act, RSBC 1996, c. 113 (the "ESA" or the "Act") to them. Read the full article by Michelle Blendell & Carolyn MacEachern with Young Anderson Barristers & Solicitors, published in the firm's UBCM Conference Newsletter.

UBCM Members Endorse Resolution Supporting
Clotheslines to Cut Energy Consumption
In BC, strict bylaws keep many residents from drying their clothing outdoors. In countries around the world, clothes are often dried outdoors under the warm sun, but in BC strict bylaws keep many residents from setting up a clothesline or putting out a drying rack. However, a new resolution called the clothesline act was endorsed at [the recent] Union of BC Municipalities. It seeks "to ensure that no law, bylaw, covenant or agreement prevents, prohibits or unreasonably restricts the installation or use of a clothesline outdoors." Read the CBC news article.

Changes to Privacy Law: FIPPA, Breach Notification and 
Privacy Management Programs
Major changes are underway to privacy law in Canada, and in British Columbia some of these changes have already been made. On November 25, 2021, BC's provincial legislature passed Bill 22, Freedom of Information and Protection of Privacy Amendment Act, 2021 ("Bill 22"), which made significant changes to British Columbia's Freedom of Information and Protection of Privacy Act ("FIPPA") which governs how public bodies in the province collect, use, store, and disclose personal information. The changes brought in by Bill 22 include: Read the full article by Scott Lamb with Clark Wilson LLP.

Motor Vehicle and Traffic News:

Jury's Award in Personal Injury Case
'Wholly Disproportionate and
Anomalous': BC Court of Appeal
While the comparative approach in assessing a jury's damage award is firmly established in jurisprudence, the BC Court of Appeal found it had minimal value in a personal injury case with unique circumstances in which the court reduced the award.

In McCliggot v. Elliott, 2022 BCCA 315, Patricia Dawn Elliott was driving her minivan in Victoria, BC when it was hit by a lumber truck owned by Slegg Construction Materials. Elliott sustained soft tissue injuries. She was forced to close her daycare business following the accident because her injuries prevented her from performing the physical activity involved in caring for young children. Her injuries also affected her housekeeping, recreational, and other activities. She further claimed that she had not been as present for her three children as she was before the accident. Read the full article by Angelica Dino in the Canadian Lawyer.

Appellant's Non-Pecuniary Damages Increased
from $600 to $35,000 in Car Accident Case
The Court of Appeal for British Columbia has allowed the appeal of a man injured in a car accident, increasing the non-pecuniary damages awarded to $35,000 from $600. "The difficulty in this case," the court explained, was that "the award of $600 is not 'modest' but rather nil."

In Valdez v. Neron, 2022 BCCA 301 the appellant, Nestor Aguillo Valdez, was injured in a car accident in Sept. 2017. Read the full article by Amanda Jerome in The Lawyer's Daily.

BC Court of Appeal Upholds Fraud Finding
in Relation to Three Vehicle Collisions
The British Columbia Court of Appeal has upheld a finding that three collisions claimed as accidents for insurance purposes were actually staged and constituted fraud.

In Singh v. Insurance Corporation of British Columbia, 2022 BCCA 320, Inderjit Singh was involved in three rear-end car collisions, several weeks apart. The Insurance Corporation of British Columbia (ICBC) paid the vehicle damage claims after each collision and each one also gave rise to personal injury claims. Read the full article by Jason Tan in the Canadian Lawyer.

CVSE Bulletins & Notices
The following documents were posted recently by CVSE:

• Notice 07-21 – Oversize Permit Restrictions for Travel on Hwy 5
• NSC Bulletin 01-2022 – Publication of Carriers Cancelled for Cause
• Circular 01-22 – Increase of Length to RV Trailers with 5th Wheel Hitch, with a GVW under 10,000kg

For more information on these and other items, visit the CVSE website.

Passenger Transportation Board Bulletins
The following updates were recently published by the BC Passenger Transportation Board:

Industry Updates & Advisories

• Final Deadline to Activate Additional Taxis
  The Board is issuing a final activation deadline of December 31, 2022. Licensees will have until this date to activate additional vehicles, or they will no longer be valid.
• Vancouver Cruise Ship Schedule for TNS and Taxi Operators
  As the 2022 cruise season commences in Vancouver, TNS and Taxi Licensees are reminded to review their terms and conditions of licence and the cruise schedule. The Board will continue its efforts to ensure that any changes or amendments are posted in the Weekly Bulletin and on the website.
• Board Receives Transfer Application from ReRyde to Uber
  For more information about this transfer application process, please see the Q&As.

Applications Received

• 15824-22 – transfer from ReRyde to Uber
• 15148-22 – transfer from Asif Ahmed (Victoria Taxi) to Victoria Taxi Transportation Ltd.
• 15890-22 TNS – Rido Share Inc.
• 15834-22 – transfer from Baldev Singh Bhela (Bluebird Cabs) to Bluebird Cabs, Ltd.
• 15869-22 – transfer from Ali Etemadi-Shad (Bluebird Cabs) to Bluebird Cabs, Ltd.
• 15837-22 – Titanic Holdings Ltd. (Bluebird Cabs)
• 15942-22 – Pawan Kumar Kohli (Bluebird Cabs)

Application Decisions

• 15318-22 – Andre Louis Joseph Cyr (Driveseat, Driverseat Kamloops) [Approved]
• 15479-22 – OB Hotels GP Ltd. (Oak Bay Beach Hotel) [Approved]
• 15741-22 – transfer from Wescan Transport Inc. (Bluebird Cabs) to Bluebird Cabs, Ltd. [Approved]

Visit the Passenger Transportation Board website for more information.

Occupational Health & Safety News:

How Many Work-related Deaths Are 
Recorded in Canada Each Year?
Many employers in Canada are still having a hard time keeping their workers safe. In fact, an average of 945 workers have died each year from work-related reasons since 2009, reported The Canadian Press, citing data from the Association of Workers' Compensation Boards of Canada (AWCBC/ACATC). As big as that number may be, it was still lower compared with the 1,035 work-related deaths in Canada back in 2008, according to the report. Read the full article by Jim Wilson with Canadian Occupational Safety.

How Employee Stress Can Lead to 
Legal Issues for Employers
Most people are familiar with the negative impacts that stress can have on individual workers. Stress can result in health issues, cause turmoil in one's personal life and greatly impact workplace performance. However, employees are not the only ones who may face consequences in a stressful work environment. In some cases, employers could face financial or legal responsibilities resulting from a stressed-out workforce. A type of legal liability employers could face if employees have stress-related health issues is a workers' compensation claim. Case law from British Columbia and across Canada shows how these cases play out. One common outcome is that the employee is unable to prove that the stress was from work specifically; therefore, the individual is unable to make the case. However, there are also examples of employees being successful in these types of cases. Stressful workplaces have included workers being obligated to go beyond the expectations of their employment contract, or unreasonable demands from employers outside working hours. Read the full article posted on the Overholt Law LLP Blog.

New Public Health Orders
The Public Health Office (PHO) recently issued the following orders:

Orders:

• Hospital and Community (Health Care and Other Services) COVID-19 Vaccination Status Information and Preventive Measures – September 12, 2022 (PDF, 562KB)
  • Medical Reporting Form: COVID-19 Vaccine Medical Deferral – September 13, 2022 (PDF, 636KB)
• Residential Care COVID-19 Preventive Measures – September 12, 2022 (PDF, 510KB)
  • Medical Reporting Form: COVID-19 Vaccine Medical Deferral – September 13, 2022 (PDF, 636KB)

Visit the PHO website to view this and other related orders and notices.

OHS Policies/Guidelines – Updates

Guidelines – OHS Regulation:

September 28, 2022

Editorial revisions were made to the following guidelines:

• Part 5 Chemical Agents and Biological Agents
  G5.48-10 Use of indicator tubes to measure compliance
• Part 7 Radiation
  G7.25 Records
• Part 30 Laboratories
  G30.13 Centrifuges

Property and Real Estate News:

New Mortgage Services Act Will Offer Better Consumer,
Anti-money-laundering Protection
The Mortgage Services Act (Bill 29) was introduced on October 4 to replace the Mortgage Brokers Act and modernize regulation of mortgage brokers, lenders and administrators. The proposed Act incorporates recommendations from the Commission of Inquiry into Money Laundering in BC (the Cullen Commission), such as giving the BC Financial Services Authority (BCFSA) the ability to develop rules for licensing and licensee conduct, and increasing financial penalties to align with the Real Estate Services Act. The new legislation would also amend appeal procedures and establish licensing levels and definitions for mortgage services to distinguish between the regulation of mortgage lenders, mortgage brokers and principal brokers. The Act will not regulate mortgage business activities that are subject to federal or provincial regulation, such as banks and credit unions and their employees. The Act, if passed, will come into force by regulation, which is not expected before late 2023. For more information, see the government news release.

David Eby's Plan to Remove Rental Restrictions in  
Stratas Gets Mixed Reaction
Smaller strata corporations will struggle if they are forced to take on additional duties as landlords under MLA David Eby's proposal to remove rental restrictions, says the executive director of the Condominium Home Owners Association of BC. That's because smaller corporations are typically run by volunteer boards, says Tony Gioventu. They are self-managed because it isn't cost-effective to hire a property manager. These self-managed properties would face additional pressure to serve as landlords for absentee owners who rent out units, Gioventu said. Read the Times Colonist article.

Case Summary: The COVID-19 Pandemic Does Not Necessarily
Constitute "Extenuating Circumstances"
under the Residential Tenancy Act
Mawani v. Dobbs, [2022] B.C.J. No. 1388, 2022 BCSC 1285, British Columbia Supreme Court, July 29, 2022, B.J. Norell J.

The petitioners, Nawaz and Shelina Mawani, sought judicial review pursuant to the Judicial Review Procedure Act, RSBC 1996, c 241 ("JRPA") of a decision of an arbitrator made under the Residential Tenancy Act, SBC 2002, c 78 (the "RTA"). The Mawanis had been ordered to pay the respondents, Mark Dobbs and Cheryl Hughes, $48,840 representing 12 months' rent and a $100 filing fee, as a result of the Mawanis giving the Tenants two months' notice to end the tenancy of the premises. The petition was brought nearly 11 months after the arbitrator's decision was made. Read the full article by Deanna Froese with Harper Grey LLP.

Tribunal Orders BC Strata to  
Fix "Disgusting Mud Pit"
A Surrey strata has been ordered to hire a landscape architect to help it repair drainage problems in the common property yard. Unit owner Lukas Hestvik complained to B.C.'s Civil Resolution Tribunal that drainage issues had left the area a "disgusting mud pit." Hestvik said the strata breached its obligation to repair and maintain common property and "treated him significantly unfairly." He sought an order that the strata repair the yard as well as $20,000 in damages and a refund of $2,731.85 in strata fees. Read the BIV article.

Important LOTA Deadline: Pre-Existing Land Owners to
File Transparency Report by November 30, 2022
If you are a land owner in British Columbia, you may have recently received a letter from the province's Land Owner Transparency Registry ("LOTR") indicating the need to file a transparency report by November 30, 2022.

Effective November 30, 2020, the British Columbia Land Owner Transparency Act ("LOTA") came into force. LOTA is intended to increase land ownership transparency in British Columbia by requiring certain corporations, trustees of certain trusts, and partners of partnerships holding certain registered interests in land (including registered ownership of land and a registered lease with a remaining term of more than 10 years), to file disclosure of the identity and certain information about natural individuals who are deemed by LOTA to hold a significant beneficial or indirect interest in land. Please read our previous blog post for more information regarding LOTA. Read the full article by Andrew Mildenhall and Edward Wilson with Lawson Lundell LLP.