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PLZ Law Blog
Monthly Archives: September 2010
Subdivision control: Section 50 of the Planning Act
Date: September 29, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
The Purpose of Section 50 of the Planning Act Section 50 of the Planning Act aims to control the manner in which land can be divided and used. In view of this, transactions will fail if its provisions are not fully complied with. Generally, the provincial government does not exercise direct control over development, and therefore the ...
ESTATES & INTESTACY: Spousal statutory rights when there is no Will
Date: September 23, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Continuing the discussion of the effects of a Family Law election on various aspects of estate administration; its effect on intestacy is now reviewed. Effect on Intestacy In an intestacy (where a spouse dies without a will), either partial or total, the election in favour of an equalization claim (FLA, subsection 6(9)) will result in ...
Real Estate Law: Easements Affecting Your Property
Date: September 23, 2010 | Author: Maxim Zavet, BA, JD
Simply defined in the Blacks law dictionary, an easement is an interest in land owned by another person, consisting in the right to use or control the land or an area above or below it, for a specific limited purpose. Often, easements are registered on title thereby granting or assigning rights to use the subject ...
ESTATES & EQUALIZATION: Spouses electing their Family Law rights and the consequences thereof
Date: September 23, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
It cannot be stressed enough how important it is for the surviving spouse to establish his or her entitlement to insurance proceeds and to survivorship benefits under pension and similar plans arising on the death of the deceased spouse. With this in view, the surviving spouse, who makes his or her decision on the basis ...
Drunk Driving Laws: Mixed Messages
Date: September 23, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
The RCMP appears to be showing no mercy in enforcing B.C.’s tough new impaired-driving laws. An officer from Vernon, B.C. recently issued an immediate three-day roadside prohibition to a man, impounded his car for three days and issued a $200 fine for blowing over 0.05% blood-alcohol, and below 0.08%, around dinnertime on Monday. The man ...
ESTATES & EQUALIZATION: How can a spouse elect his/her family law rights over a Will
Date: September 22, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
The Equalization Claim A right for the surviving spouse to make an equalization claim under the Family Law Act (“FLA”), subsection 70(1)(b), is possible only due to the death of a spouse on or after March 1, 1986. It is said in subsection 5(2) of the FLA that when a spouse dies, if the NFP ...
ESTATES & NFP: How your estate will be impacted by your spouse’s statutory rights
Date: September 22, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
The Impact of the Family Law Act on Estate Administration The administration of estates became very complicated with the enactment of Ontario’s Family Law Act (“FLA”) in 1986. Before that, the lawyer was to advise an estate trustee that the only statutory claim to interfere with the testate or intestate distribution of the deceased’s assets ...
TRUSTS & ESTATES: How your Beneficiaries are taxed
Date: September 22, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Taxation of Beneficiaries Under subsection 104(13) of the Canadian Income Tax Act (“ITA”), the income of a trust or estate that is paid or payable to a beneficiary is taxed in the hands of that beneficiary. In order to avoid double taxation, the trust or estate is allowed a deduction for an equivalent amount. This ...
TRUSTS & ESTATES: Transfering assets to your spouse or children
Date: September 22, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Trusts and Attribution The attribution rules for trusts, transferors, and so on are given in Subsections 74.1(1) and 74.2(2) of the Canadian Income Tax Act (“ITA”). These rules are meant to attribute back to the transferor any income or capital gains generated from property transferred at less than fair market value consideration or for no ...
Canadian Privacy Commissioner Gives Facebook Privacy a Thumbs Up
Date: September 22, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Jennifer Stoddart, Canada’s privacy commissioner, has reported that the changes that Facebook has made to its privacy settings have satisfied her concerns. She warns, however, that she’s not finished scrutinizing the personal-information powerhouse. Stoddart said in a statement Wednesday that Facebook now has new measures to limit information sharing with third-party application developers and now ...
