Committee’s Power to Waive Privilege on Behalf of Patient

By Sabey Rule Blog

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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Consolidating Bylaws

By Sabey Rule Blog, Strata and Condo Law

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)

By Sabey Rule Blog

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)” »

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