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How do you protect your estate plan under your Will from being challenged after you die? Having your Will be honored is not that simple, especially if you decide to disinherit people whom you are obligated by law to provide for, such as spouses and children. Find out the factors used by the courts to vary a Will in this podcast.

 


Tune in to hear important facts about succession planning, including what happens when some dies without a Will, and rules about dis-inheriting beneficiaries under the relatively new BC Wills, Estates, and Succession Act.

 


Last year, a class action lawsuit was launched against the BC government on behalf of foreign buyers opposed to the foreign buyer’s purchase tax. What is a class action lawsuit, how it may help litigants, and what are the obstacles towards a class action claim? Iven Tse introduces the topic and takes various calls from listeners, with one call relating to parental claims on a divorcing couple’s assets in the area of family law.

 


Going to small claims court? Iven Tse advises on the current procedure, rules, and qualifications for small claims court that are available to the public, including Summary Trials, Simplified Trials, Court Ordered Mediation, and then the Trial itself, including some differences with Supreme Court Litigation such as awards for reimbursement of legal fees for the losing party and how these are calculated.

 


Iven Tse introduces the topic of representation agreements - instruments that that allow a person to appoint a "representative" to make decisions for him or her with respect to health care choices, from medical treatment such as drugs and surgeries, to choice of care providers such as doctors or care homes. How they are different than powers of attorney, why they are important, and how Living Will are no longer valid in BC, are some of the questions explored in this podcast.

 


Have you purchased a home, and later discovered problems that were not disclosed before your purchased it, or which were not discovered by your home inspector? Iven Tse discussed the concept of “Latent Defects”, which are problems that could not have been discovered through a simple inspection, and “Patent Defects” which are problems that could have been readily discovered through an inspection, and the legal options that result from each kind of defect.

 


The holiday season prompt many people to go out and enter into gym and fitness contracts to lose the weight they gained over the holidays, but they often regret it afterwards, and sometimes personal circumstances change and they do not know what to do. Iven Tse discusses the BC laws that apply to such contracts, called Continuing Service Contracts, including the “10 day Cooling Off” period stipulated by the law, the “30 km Relocation” rule, and the one year cancellation rule when the contract is missing terms required by the law.

 


Winter brings many weather related issues to the forefront of landlord-tenancy disputes. Iven Tse addresses a few of the recurring problems, such as: Owner, Strata, or Tenant Liability for injuries caused by snow and ice on sidewalks; bounced rent cheques and collecting against an absconding tenant; and the Landlord responsibilities for repair of furnace system in residential homes.

 


Consider incorporating a company to run your business? Iven Tse discusses the benefits of incorporating a company, which includes protection from personal liability, income splitting among shareholders, and facilitating silent investors, among other benefits. The cons include the filing of two tax returns - one for the corporation, and one for the personally for the business owner(s) – and annual filings at the BC Corporate Registry. Call-ins include questions from the audience about how to pursue claims against a company declaring bankruptcy, and defaulting tenants on commercial leases.

 


Oct 8 2016 - The BC Government's 15% foreign buyer property tax may cause some buyers to walk away from their contracts. But who can keep the deposit? Iven Tse discusses the concept of frustration and repudiation in real estate deals on the verge of collapsing

 


Sept 17 2016 - Residential Landlord and Tenant Issues, Various Topics In this podcast, various listeners call in with their questions on residential tenancy law, family law, nuisance and creditor's remedies. Topics and questions include (a) deadlines to start a lawsuit; (b) what to do when a tenant is engaging in illegal activity; (c) fraudulent transfers of property and family law; (d) factors to consider in suing a dissolved company; (e) claiming nuisance against neighbours draining water; and finally (f) the effect of personal debts on property before and after marriage.

 


Topic: What are the pros and cons of purchasing a franchise, as opposed to opening your own business? Iven Tse discusses what factors should be considered when purchasing a franchise, including royalties fees, sub-leases, preferred suppliers, location, trademarks, and restrictions on competition.

 


Topic: Wills and Estates What should you consider in making your Will? From choosing the right executor to the right beneficiaries and even what to say in your Will in order to disinherit a potential beneficiary, Iven discusses these topics and answers calls from listeners on real estate, residents tenancies, and commercial issues.

 


There are three main ways: through a Will, through gifts during one's lifetime, and through Trusts. Iven Tse discusses each of these, in particular how a Trust may operate to distribute wealth over time and the rules for a Trust. A trust can be called a Trust Agreement or a Trust Document

有三種主要的方式:通過遺囑;通過一生中的禮贈;通過信託財產。謝國星律師為大家討論以上每一項,特別是一個信託財產如何可以運作隨著時間的推移將財產做分配及其信託財產的條例規矩。 信託財產可被稱作信託合同或信託文件。


Iven Tse discusses topics relating to creditor-debtor relations, including what to include in loan agreements, how bankruptcies and fraudulent transfers of assets can be attacked, or assets frozen, accounts garnished, or liens registered

在這個節目裡,謝律師會討論一下債權人及債務人關係所相關的各種話題,包括在貸款合約裡應包括什麼,破產及欺詐性的資產轉手怎樣可被抨擊,或者資金怎樣會被凍結,帳戶怎樣會被扣押,或扣押留置權怎樣會被做登記


In this segment, Iven Tse discusses important factors to consider when buying commercial real estate, including important contractual terms, taking over existing commercial leases, and the importance of an environmental reports, investigating liens on commercial assets, and commercial inspections.

在這一段節目裡,謝律師會討論一下購買商用物業時需要考慮的重要因素,包括重要的合同條款,接手現有出租的商用物業,極其環境報告的重要性,追查商務資產的扣押留置權及其商業方面的查驗


In the recent media was a story about a real estate purchase deal where after the contract was signed, the buyer sold his contract to another buyer, who subsequently sold it again to the eventual buyer. The result was that the eventual buyer paid substantially more than the original contract price to buy the home, leading to allegations of an artificial escalation of purchase price through a practice called “flipping.” In this show, Hosts David Shum, Jeffrey Chiu, and Iven Tse discusses the myths, realities, and implications of this practice, legally called an “Assignment of Contract,” including it’s tax consequences and it’s impact on the market value of the home.

最近媒體有一則關於房地產買賣的報導:合同簽訂之後,買家把合同賣給了另一位買家(即­出售其買房權),而第二位買家則把合同又賣給了最終買家。其結果是,雖然賣家所得為原­合同列明的價格,而最終買家卻以比原合同價高得多的價格購買了這座房屋。這種稱作“炒­房”的手法被指導致房價人為飆升。在本期節目中,主持人David Shum、Jeffrey Chiu和Iven Tse將討論這種在法律上稱作“合同轉賣”手法的虛實與含義,包括其稅務後果及其對房­屋市場價值的影響。


Whether buying a strata property or a detached home, Iven Tse discusses important considerations, such as the hidden and expected costs involved (for example, taxes like the GST and The BC Property Transfer Tax, and out of pocket expenses like surveys, title insurance and \property tax adjustments) and what to do before buying (for example , doing a home inspection or reviewing the past two year minutes or bylaws of the Strata).

不论是买多户住宅还是独立房屋,谢国星律师和你讨论重要的考虑点,比如连带的隐藏的花费(各种税项如货品销售税和BC省物业转手税,还有零散花费如各种测量检查,所有权保险和物业税各项调整),及其买前应做什么(如验一次屋或查看大厦过去两年的月报记录和附例)。


What kinds of debts can be extinguished, and which ones continue? Who gets priority among the creditors for a share in the bankrupt’s estate? What is the role of the Trustee in Bankruptcy? Iven Tse discusses these questions and more on today’s program.

什麼人可以申請?申請人怎樣可以得到此保護?哪種債務可以得以取消, 而哪種要繼續?在破產者的個人全部資產中什麼人可從多個債權人中得到優先權的那一份?在破產事件中受託管理人的作用是什麼?謝國星律師在今天的節目中和你探討這些問題。


What is the criminal rate of interest? What should you look for in assessing adequate collateral for a loan? When is a loan deemed to be a gift? Iven Tse discusses the necessary terms for a proper loan agreement, and common obstacles in involved in collection actions such as foreclosures.

何爲過多的利息?哪些東西適當用來當的擔保物?貸款猶如禮物?謝國星律師討論正式貸款協議的必要條例和常見的收集障礙, 比如丧失抵押品赎回权.


Legal rights that a strata council The recent filing in BC Supreme Court petition by a strata council to stop a strata owner from smoking in his unit highlights the tension between individual property owner rights versus majority strata owner rights. Iven Tse discusses his insights on this case, in terms of the legal rights that a strata council may have to regulate what happens inside an individual owner’s home, including the proper steps needed to enforce bylaws and the chances for success

最近某個務業委員會向卑斯省最高法院提交請願書,要求一名務業擁有者停止在他自己的單位抽煙。這個請願突顯了個個務業擁有者的權利與大多數務業擁有者的權利之間的緊張狀態。謝國星律師討論他對這個案件的見解,就一個務業委員會擁有的法定權利而言去規範一名務業擁有者家裡發生的事情,包含執行地方法規所須的所有步驟和成公執行的機率。


Iven Tse discusses defamation - who can sue for it, when someone can sue, and what are some defences against such a lawsuit. Social Media has made the risks more prevalent nowadays, but separating truth and facts from opinion and vindictiveness has been an age old challenge.

謝國星律師討論誹謗-什麼人可以控告,什麼時候可以控告,以及此控訴又面臨哪些辯護。大眾媒體傳撥近期使誹謗罪更普遍,但從以前開始要分辯事實與主張評論一直都是一項挑戰。


In the recent media, an Ontario Hdyro One employee was fired after making lewd on-air remarks to a television reporter during a soccer game. How far can Employer go to dismiss employees for non-work related comments? What is considered as just cause for firing an employee in BC? Iven Tse discusses these and other questions relating to employment law in BC, including constructive dismissal and severance pay laws.

於近日的煤體報導中,一名安大略省的水電局僱員於一場足球賽的無線廣撥中,對記者發表了據有色情色彩的言論。之後安大略省的水電局即將其解僱。僱主用非工作直接關係的言論來解僱員工的極限在哪裡呢?在卑詩省什麼樣的情形能構成解僱的原因?謝國星律師將討論這些,以及其它問題有關卑詩省勞工法,包含故意性解僱和資遣費法律。


In the news: a landlord in a Burnaby apartment complex issues an order for pet DNA samples from tenants. Are landlords allowed to require this? The issues of pet restrictions, eviction notices, unpaid rent, and other landlord – tenant issues are addressed in this podcast.

新聞裡提到: 一名本拿比公寓房東向房客們要他們寵物的DNA樣本。房東有權利這樣要求嗎? 此次播客談及房東與房客之間的寵物限制,逐出通知,未付的房租,以及其它的爭議。


Iven (or lawyer Tse) discusses common disputes for condominium or townhouse owners such as disputes over who has responsibility to pay for repairs to limited common property such as balconies and roofs, and situations of uneven disbursements of contingency reserve funds when an owner commands a majority of votes on the strata council.

謝國星律師討論公寓和排屋擁有者普遍遇到的爭議,如關於誰要付責付公有土地如陽台和屋頂的維修費用,以及當應變儲備金不平等分配情況是因為其中一個業者在業務議會擁有大部份投票權。 


Iven Tse provides and in depth discussion about important terms to consider in a commercial lease, such the right to assign and the option to renew the lease, the concept of Triple Net Lease as opposed to a Gross Lease, the mechanisms to determine fair market rent in a renewal lease, and the problems of staying on after a lease expires such as double rent and notices of termination.

謝國星律師深入討論商業租賃合約該列入考量的重要條款,如轉租權益和續租選擇權益,三不包租約與全包租約的不同,決定新租約的市場租價的方法,和當租約結束後繼續租用會遇到的問題,如雙倍租金和停止租約的通知。 


Iven Tse introduces important topics relating the purchase of a business, including what to look for in a commercial lease, such as rent and renewal clauses, what to look for in a commercial purchase contract, such as the allocation of price, due diligence investigations, list of included equipment, and restrictions against the seller to compete with the buyer after purchase.

謝國星律師討論商業買賣,包含商業租賃合約裡該注意的事項,如租金和續租條款。商業買賣中合約該注意的事項,如價格分配,盡職調查,所有買賣包含的設備清單,和對賣家未來與新任買家競爭的限制。