Author: Monika Brooke

February B.C. Take Five Newsletter

Top BCCA Case Summaries with Counsel Comments Please click here for the February issue of BC Take Five, summarizing what they have selected as the five most interesting cases from the British Columbia Court of Appeal in January. This Month’s Cases: Legal Profession Act; Review of Lawyers’ Accounts; Limitation Period; Champerty Contracts; Fraudulent Misrepresentation; Fresh […]
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Pension Plan Survivor Benefits

Know Your Options Pension plan members can choose between different options for survivor benefits. In BC, a plan member with a spouse must take a pension that pays a survivor benefit to the spouse if the member dies first (unless the spouse gives up that right by signing a prescribed form). After a separation, a […]
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Mandatory Minimums for Firearms Offences

According to a decision by the Supreme Court of Canada last Spring, mandatory minimum sentences for possessing a loaded prohibited or restricted firearm are considered cruel or unusual punishment, making them unconstitutional.  Section 95 of the Criminal Code – which had been recently amended – imposed severe restrictions on two classes of firearms: 1. “Prohibited […]
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About Spousal Support – An Overview

The federal Divorce Act sets out the rules for spousal support for married couples who get divorced. The Divorce Act applies across Canada (whereas each province has its own laws for dealing with couples in common-law relationships and for married couples who separate but who are not divorced). Under the Divorce Act spousal support is […]
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The Truth About Enhanced Credit

Canada’s Truth in Sentencing Act became law in February 2010. It changed the law regarding how much credit can be given for time spent in custody before a person gets sentenced. Judges used to have a fair bit of discretion, and typically gave double (or 2-for-1) credit based on considerations such as the fact that […]
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Enhanced Credit for Remand Time

R. v. Kovich, [2013] MJ No. 417, dealt with the provisions of the Criminal Code and the Truth in Sentencing Act dealing with bail and credit for pre-sentence custody. This  appeal challenged the validity of s. 719(3.1) of the Criminal Code, which arguably prohibits a sentencing judge from giving enhanced credit for pre-sentence (remand) custody […]
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A Covid-19 Update

From Hillside Law Inc.

We remain open for business as normal, but our office space is temporarily closed to the public. To contact us, please call 250-487-7030.