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Sabey Rule Blog

Committee’s Power to Waive Privilege on Behalf of Patient

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There are many circumstances where a committee appointed to look after the affairs of a mentally incompetent patient may need to access the contents of a patient’s file materials from a lawyer. The cases of Derlago v Derlago, (1994) 93 BCLR (2d) 307, 2ETR (2d) 315 and Re: Elsie Jones, 2009 BCSC 1306, at paras 12-13, clarifies that the authority to make decisions regarding a patient’s property, including legal files, extends to the committee.

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CRT Collections

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Several strata corporations have turned to the online Civil Resolution Tribunal (“CRT”) to collect strata fees and special levies from their owners. There are at least five reported CRT decisions with respect to collections alone. Three of those decisions were for a single strata corporation.

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Consolidating Bylaws

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While it may be convenient to use a consolidated set of bylaws, especially when there have been numerous, piecemeal revisions to the bylaws over the years, relying on a consolidated set of bylaws can create serious issues. Further issues can be caused when a strata corporation files a consolidated set of bylaws in the Land Title Office (the “LTO”). A strata corporation should only distribute the filed, legal version of the bylaws to its owners.

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Assets Held in a Discretionary Trust May Affect Some Types of Assistance for Beneficiaries with Disabilities (But Still Often a Good Idea)

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I have often suggested to clients with children or other intended beneficiaries of their estates with disabilities that they consider creating discretionary trusts for the beneficiary with a disability if the beneficiary is eligible for British Columbia benefits for persons with disability. Continue reading “Assets Held in a Discretionary Trust May Affect Some Types of Assistance for Beneficiaries with Disabilities (But Still Often a Good Idea)” »