FAQ’S

Whether you are an at home business or in a commercial space, most municipalities of BC require that you obtain a business license. This license gives you permission to operate your business on that premises within that municipality. You can contact your city hall (or the city hall where you are conducting your business) to find out which permits you might require for your specific type of business. Please be aware that additional municipal, provincial or federal regulations may apply. There are some instances where you may be required to obtain a license in a municipality where you do not maintain premises but do carry on business. If you are unsure of any of the above information, you can contact us here at Smith Alliance, we can point you in the right direction.

Societies and non-profits are registered under the Society Act of BC. The first step in registering a Society is to get a name approval. This process is much the same as you would for a for-profit business. We recommend that Societies have the designation “Society, Association or Foundation” in their name. The second step is to go through the information provided by the BC Registry Services website then complete the remaining steps required to incorporate a Society.

First and foremost, remain calm. We understand that this is easier said than done in a situation like this however it is important to collect your thoughts and emotions and stay as calm as possible. We advise that you insist on calling a lawyer and do NOT, under any circumstances, answer any questions. The police may tell you that providing a statement will help your case, but this is not true. You could be persuaded into making a statement that is not in your best interest. No matter what is said or promised to you do not, under any circumstances answer any questions or provide them with a statement. Instead, insist on calling a family member or lawyer immediately.

Once you make the decision to retain one of our experienced lawyers, we will start work immediately on your case. The first step is to review and evaluate your case. To do this, we will ask you to come in for a meeting where we will ask you questions surrounding your case. We will also review any particulars you may have at that point in time. We will then contact the Crown Prosecutor handling your case to ascertain their position.

We hear this all the time and the answer is quite straight forward. If you are accused of a crime or violation, it is always in your best interest to retain a lawyer. It is important that you have a lawyer by your side to protect your rights. Don’t risk your future by not retaining a lawyer. The lawyers at Smith Alliance have the experience necessary to provide you with the best possible outcome.

We will assess your case and discuss the pros and cons of the various options available to you, including our lawyers negotiating with the Crown to seek a reduced charge or a no-charge/no criminal record outcome all the way to proceeding to trial for your case, so that you can decide the direction that you wish to take for your case.

Every case is unique and therefore we cannot give you an exact time frame for your case. Times can differ depending on the details of each case. The court’s schedule, for example, can also be a factor in how long it takes for your case to be resolved. We try to accomplish a resolution for your case as quickly as possible however, as with most things in life, there are many factors that affect the time required for any particular case.

Your first appearance in court is not your trial date and should be relatively straightforward and short. You will be required to stand in front of a judge, and if you have your lawyer with you, you will not need to say or do anything. Your lawyer will speak on your behalf. If you do not yet have a lawyer at this point, the judge will ask you if you intend on hiring one or applying for legal aid. The matter most likely then be put off for several weeks. During your first court appearance, it is important to ask for a copy of your “particulars”, which will expand upon the details of the case against you. You should bring these “particulars” to your first meeting with your new lawyer as this will give him or her a better understanding about the details of the case and also allow him or her to determine a length of time required for a trial. If you are applying for legal aid, you should also bring these “particulars” with you as the person processing your application may require some additional information before the application can be processed.

Showing up prepared to your meeting with your lawyer is always a good idea. it will allow you get the questions you may have answered and put you in a position to answer any questions your lawyer may have for you. You should bring with you all documents that are relevant to your situation (these include any documents you have received from the police or the prosecutor as well as any photos or other documents you may have). It is advised that you complete a written chronology (or diary) or timelines and events as well as your involvement in the matter. Make sure to label any documents written by you by clearly marking at the top, “FOR MY LAWYER, CONFIDENTIAL”. We advise that you do not discuss your case, or share your documents with anyone until you have met with your lawyer.

As professionals, we can offer you legal advice and work with you so that your wishes are specifically tailored to your personal circumstances. We can guide you through cost-effective options with respect to the distribution of your assets and answer any questions you may have with respect to your obligations to any dependents.
If you have questions with respect to estate planning, setting up trusts for your beneficiaries, or planning for any incapacity, come see us at
Smith Alliance Lawyers & Notaries.

A Representation Agreement appoints a person of your choosing to make health care and personal care decisions for you when you are no longer capable of making those decisions yourself. An Advanced Directive is a legally binding document which specifies what health care decisions you want made, in the event you are no longer capable of making those decisions yourself. An Advanced Directive is legally binding on both health practitioners and your Representative, if you have chosen one through a Representation Agreement.

Appointing a person to be your Attorney under a Power of Attorney allows that person to take care of any financial responsibilities or legal matters that you have, in the event that you become incapacitated, experience illness or an accident, or in the event that you are not available due to a job situation, travel, etc. An Attorney’s responsibilities can include anything from day-to-day banking, renewing mortgages, managing the sale of a business, etc. You have the ability to restrict the powers of your Attorney as you prefer or to give your Attorney powers broad enough to cover all your financial affairs whether you are capable or become incapable.

If you have a valid will, you get to decide how your assets are distributed after your passing, and to whom. In a will, you can also appoint who is to be the legal guardian of any minor children. If you do not have a will, your assets are distributed, and guardians are appointed for any minor children, in accordance with British Columbia legislation.

A Power of Attorney is a document in which you appoint someone to make financial and legal decisions on your behalf. It is valid only while you are living and the power ends upon your death. A Power of Attorney does not include the power to make health and/or personal care decisions on someone’s behalf.

In BC, child support remains payable for any child under the age of 19 so long as they have not withdrawn from the charge of their parents, and it can remain payable for children over the age of 19 who are unable to withdraw from the charge of their parents. A child might be unable to withdraw from the charge of their parents for a number of reasons, but the two most common are a disability or post-secondary education. Child support in such scenarios may deviate from the Federal Child Support Guidelines depending on a number of factors, but will ultimately reflect the “condition, means, needs and other circumstances of the child and the financial ability of each spouse to contribute to the support of the child.”

Child support is a right of the child(ren), and as such, it cannot be waived by a parent. There is no absolute requirement that a parent ask for child support, but they cannot waive the right to seek it in the future.

a. You are not required to put your children into a dangerous situation just because there is an agreement or court order, however, if you do make a decision to deny the other parent his/her parenting time on that basis, you should be prepared for the other parent to apply to the courts for his/her parenting time to be restored and to be given make-up time for any parenting time lost.

b. If you are legitimately concerned for the safety of your child(ren) when they are in the other parent’s care, it is appropriate for you to call the Ministry of Children and Family Development and report your concern and a social worker will investigate the matter and take whatever action may be required to ensure the safety of the child(ren).

a. The Family Law Act provides that a parents in such circumstances provide the other parent with 60 days’ notice of their intended move, and the other parent will have 30 days to bring an application to the court to prevent that move.

b. If the move is opposed, several factors will be relevant to whether the court will act to prevent the proposed move, including but not limited to whether the children lived primarily with the moving parent or whether it was an approximately equal arrangement, and the plan for the other parent to continue to be involved in the children’s lives. If the present arrangement was that the children were shared between the parties on an approximately equal basis, the person proposing the move will have a more difficult case to meet.

Parenting time and child support are distinct issues and should not be combined. It is not OK to cut off child support because you are being denied parenting time, and it is not OK to cut off the other party’s parenting time because s/he hasn’t paid his/her child support.

Whether a person will be entitled to receive Spousal Support requires consideration of several factors, not the least of which is the degree of financial dependence during the relationship, the difference in incomes of the parties, and whether either party was economically deprived due to circumstances arising from the marriage (or marriage-like relationship). The amount and duration of such support will also vary depending on the length of the relationship and the ability of the recipient to become financially independent. Spousal Support is often considered along with the division of assets and debts. It may be, for example, that Spousal Support may be reduced or even eliminated dividing the family assets and debts unequally and in favour of the recipient spouse.

a. Family assets generally refer to assets (real property, pensions, savings, RRSPs, stocks, businesses, vehicles, etc.) that are acquired during the course of the relationship by either or both parties. This also includes the growth in the value or equity of an asset that itself predated the relationship. For example, if the former family home had $30,000.00 of equity when the parties started living together, and $100,000.00 of equity when they split up, there would be $70,000.00 worth of family property that would need to be divided between the two parties. The original $30,000.00 worth of equity would be an excluded asset claimable by the party who owned the home immediately prior to the parties commencing their marriage or marriage-like relationship.

b. Family debts are similar insofar as generally speaking, any debt that was entered into by either party or the two of them together during a relationship is a family debt.

Under section 9 of the Federal Child Support Guidelines, the court may adjust child support in a situation in which the parents share the children on an approximately equal basis (generally understood that each of the parents have the child(ren) at least 40% of the time) so that the amount the parent with the larger income pays is set-off by the amount that the other parent would pay. Note that while this is often done, it is not mandatory and the court has the discretion to find that it would not apply a lower set-off or even no set-off at all.

Child support is determined by the gross annual income of the payor parent and the number of children for which support is paid. The Federal Child Support Guidelines determine this amount. While variation from the set amount can happen due to such things as undue hardship or to allow for unusually high costs associated with exercising parenting time by the payor parent, generally you should expect that what the Federal Child Support Guidelines call for is what will be paid.

a. Generally, once a common-law couple has been together for two years, they have equal rights/obligations as a married couple which could include such things as division of family assets and debts and spousal support; however

b. There is a strict time limit to when orders for division of family assets and spousal support can be sought, and that’s two years from the time of separation for unmarried couples, and two years after the divorce for married couples. If you were living common-law, you need make any claim you may have for a division of assets/debts or for spousal support before those two years have lapsed.

While they both provide legal services to the public, Notaries generally focus on non-contentious issues such as estate planning, real estate and other such documentation. Notaries hold professional liability insurance, just like lawyers do, but they do not go to court on behalf of their clients. Unlike lawyers, notaries also cannot provide services for disputes such as separations or divorces.

Notary Public, also known as a “Notary”, is a person that is authorized to preform certain legal formalities on behalf of the public. Some of these include, drawing up or certifying contracts, deeds, and other such documents for use in other jurisdictions. BC Notaries in particular, are governed by the Notaries Act of BC and have a reputation of being trustworthy and reliable. We have several incredible Notaries here at Smith Alliance. Contact us at Smith Alliance to learn about all your options. We are always happy to assist however we can.

Appointing a person to be your Attorney under a Power of Attorney allows that person to take care of any financial responsibilities or legal matters that you have, in the event that you become incapacitated, experience illness or an accident, or in the event that you are not available due to a job situation, travel, etc. An Attorney’s responsibilities can include anything from day-to-day banking, renewing mortgages, managing the sale of a business, etc. You have the ability to restrict the powers of your Attorney as you prefer or to give your Attorney powers broad enough to cover all your financial affairs whether you are capable or become incapable.

We advise that you take careful consideration when choosing who to give power of attorney to. This should be someone you trust, someone who is capable of doing the job and someone who can be available to help you when necessary.

An enduring power of attorney is a power of attorney that allows another party to act on your behalf for financial or legal affairs while you are still alive. A common misconception is that power of attorney documents are only used when an individual become incapacitated or after death. This is not true. In fact, many people consider this to be the document of choice when having personal planning documents prepared. Have more questions in regards to power of attorney options? Contact the experts at Smith Alliance to learn about all your options.

A specific power of attorney is a document similar to a power of attorney. It allows you to appoint another party to act on your behalf regarding a specific matter such as a real estate transaction. This document can also be for a specific amount of time.

A Power of Attorney is a document in which you appoint someone to make financial and legal decisions on your behalf. It is valid only while you are living and the power ends upon your death. A Power of Attorney does not include the power to make health and/or personal care decisions on someone’s behalf.

A mortgage broker is paid by the lender but works for you. He or she will take your specific terms into consideration when searching for, and obtaining a lender. Your mortgage broker should have your best interest at heart and work to find you the best interest rates available on the market. You have the option of course, to work directly with your financial institution however, your mortgage broker will most likely be able to find you a better rate by canvassing financial institutions that might be more aggressive in obtaining new clients. He or she will most likely have access to less popular (or less known) lenders. These lenders are usually based out of Ontario and will often consider loaning to borrowers with less than perfect credit, or who require more flexibility than the average financial institution can provide. If you need assistance in obtaining a mortgage broker, don’t hesitate to contact Smith Alliance today. We can guide you in the right direction.

Common items on a title to be reviewed include building schemes, mortgages, easements, restrictive covenants, and rights. We will review these items and explain them to the client.

The buyer will be required to pay a deposit following the removal of all subjects. This money is usually paid to the realtor who then holds the funds in a trust account pending completion. The amount of this deposit can be negotiated between the buyer and seller and if the buyer is using the assistance of a realtor, the realtor will assist and advise on this when the time comes. If the buyer does not complete, the seller can claim the deposit and consider the contract completed. It is in the buyers best interest to keep the deposit amount as low as possible, however we normally do not see deposit amounts less than $5000.00.

We understand that there is a lot of steps involved during the process of purchasing a home. The last thing you want to worry about are all the contracts and agreements. We know that this can become overwhelming and a little intimidating as the legal jargon is not always easy to interpret. We want to help make this process as smooth as possible and as stress free as possible.